SC defers FR petitions on Easter Sunday attacks for 31 May

By S.S. Selvanayagam

The Supreme Court yesterday deferred the Fundamental Rights Petition filed against the Inspector General of Police Pujith Jayasundara and the Secretary to the Ministry of Defence Hemasiri Fernando, in respect of the attacks on churches and hotels on 21 April, for May 31.

The Bench comprised Justices Buwaneka Aluvihara, Lalith Dehideniya, and E.A.G.R. Amarasekera.

On 3 May, the Attorney General declined to appear for the IGP Pujith Jayasundara and DIG of the Special Security Division Priyalal Dasanayake in the Fundamental Rights Petition before the Supreme Court, despite the request made by the Director of the Police Legal Division.

The Petition was filed by Janath S. Vidanage, the Managing Director of a travel company. He cited IGP Pujith Jayasundara, Secretary to the Ministry of Defence Hemasiri Fernando, and DIG Priyalal Dasanayake, as well as the Attorney General, as Respondents.

He claims the inaction/actions of the Respondents constitute Executive and Administrative Action.

He is seeking the Court for a declaration that the Respondents have violated the fundamental rights to equality and equal protection by law, as well as the freedom to engage in lawful occupation and business.

He is also asking the Court to direct the Attorney General to investigate and prosecute the IGP under the Penal Code.

The Petitioner claims his primary objectives is inter alia to contribute in the administrative process whereby a responsible and accountable good governance is put in place, and ensure the implementation of the right of equality before the law and equal protection of the law, in a democratic and egalitarian manner, safeguarding democracy, pluralism, the rule of law, human rights, and social justice.

He states that he, as well as every citizen, is entitled to the right of equality and equal protection of the law.

The Petitioner states that:

On 21 April 2019 three Christian churches, namely, Shrine of St. Anthony Church Kochchikade, St. Sebastian’s Church in Negombo, and Zion Church in Batticaloa, were bombed whilst the Easter service was taking place, on one of the most important days in the Christian calendar. Further, three attacks took place in the Shangri-La Hotel, the Cinnamon Grand Hotel, and the Kingsbury, three luxury hotels in the commercial capital Colombo, which were targeted in a series of coordinated terrorist suicide bombings.

Later that day, there were more explosions that took place at a housing complex in Dematagoda, and a guesthouse in Dehiwala, when the Police approached to apprehend suspects who aided and abetted, and where the suspects were homed, to organise said attacks targeted on several cities in Sri Lanka.

At least 250 people were killed, including at least 37 foreign nationals and 3 police officers, and at least 500 were injured in the said bombings up to date.

On 22 April, the Sri Lankan Government declared a state of emergency from 23 April 2019, restricting civil liberties after imposing a new curfew, and the Government also further announced the social media apps be blocked for use, restricting public communication over the internet, adversely affecting the right to receive information of the public.

He states he became aware among others (Cabinet Ministers, MPs, and several key figures including Archbishop Malcolm Cardinal Ranjith) who had already made public that an intelligence report has been forwarded to the IGP of the imminent danger of a planned attack by suicidal bombing, organized by a named extremist religious group targeting Christian churches and economically vital places, among others.

In the meantime, a circular/internal memorandum came into light, and the Petitioner received a copy of the same, authored by the DIG and addressed to some security divisions by his letter dated 11/4/2019, which is also publicly available but not denied by the 1st, 2nd or the 3rd Respondents of its existence.

Whereby it is revealed that IGP received an intelligence memo warning about possible suicide bomb attacks on churches, other places of financial and economically vital places, being planned by Mohammed Zaharan, the leader of “Thowheeth Jama’ath”.

Accordingly, the IGP has advised to take necessary action protection of only a selected elite, namely the Directors of Ministerial Security Division, Judicial Security Division, Foreign Official’s Security Division, and Retired Presidents Security Division through the 3rd Respondent DIG.

Petitioner impugns the IGC has not taken any fruitful step in protecting the general public, as he was mandated by law and legitimately expected by the citizen of this country from him.

IGP could have taken minimum precautionary measures, at least informing the religious leaders, alerted the public; so much as to even avert the holding of Easter Mass, had the IGP chosen to impart with such knowledge equally amongst all the public, in order to minimise any tragedy and thereby protect the general public.

The said inaction on the part of the IGP resulted in the death of over 250 up to now and above 500 casualties thereon, the day-to-day lives of the general public is affected, and the country is at a literal standstill wherein most of the public, trade, manufacture or services have been suspended or extremely reduced, due to potential threats to the tourism industry in Sri Lanka and potential threats to the financial stability of Sri Lanka.

Gamini Perera, with Ravindranath Dabare and Ishara Gunawardane, appeared for the Petitioner. Senior State Counsel Induni Punchihewa appeared for the Attorney General. Viran Corea appeared for the IGP. Anuja Premaratne appeared for the Defence Secretary.

The Petition filed by Saman Nandana Sirimanne, the father of the deceased Medha Sathsarani Sirimanne ( 21) and Imesh Thiwanka Sirimanne (19), seeking an order to investigate and prosecute the Inspector General of Police and former Secretary to the Ministry of Defence under the Penal Code, too was deferred for 31 May.