Ex-AG is to be summoned or not; MC order expected on 17 May

By S.S Selvanayagam

 The Court of Appeal was informed yesterday that the Homagama Magistrate is to deliver his order on the inquiry into the involuntary disappearance of freelance journalist cum cartoonist Prageeth Ekneligoda on 17 May where he is expected to order as to whether former Attorney General Mohan Peiris is to be summoned as a witness to give evidence.

Former Attorney General and current Advisor to the Cabinet of Ministers Mohan Peiris, in a statement issued to the UN Committee against Torture on 9 November, 2011 claimed that Prageeth Ekneligoda did not disappear but was residing out of the country.

Counsel for the Petitioner also informed Court that the proceedings of the Magisterial Inquiry has been filed with the Registry of the Court on 20 April but it has not been annexed with the docket.

In the circumstances, the Bench comprising Justices Sarath de Abrew and Nalin Perera listed the matter to be mentioned on 31 May.

The Court of Appeal has earlier directed the Magistrate of Homagama to inquire speedily and expeditiously into the disappearance of freelance journalist cum cartoonist Prageeth Ekneligoda.

The Court also had directed the Magistrate to report to court the completion of the inquiry together with all attached documentation and report as well as the court record.

Ekneligoda who was the journalist of Lanka E-News, had been missing since 24 January, 2010. 

 The Habeas Corpus petition was filed on 19 February, 2010 by his wife K.M.S.P Ekniligoda and his two children S.S Bandara Ekniligoda and H.D Sooriyia Ekniligoda.

Petitioners cited DIG Nandana Manasinghe of CID, OIC of the Homagama Police, IGP Mahinda Balasooriya, the Attorney General as well as the missing journalist Prageeth Ekniligoda as Respondents.

Chrishmal Warnasuriya appeared for the Petitioners. Deputy Solicitor General Shavindra Fernando with State Counsel Shamindra Wickrama appeared for the State.

The petition is seeking a Writ order from the Court directing the police to produce Prageeth Ekneligoda before the Court of Appeal.

The petition is also seeking a Writ order to be issued to the Inspector General of Police (IGP), the DIG of the Criminal Investigations Department (CID) and the OIC of the Homagama Police, who have been cited as respondents.

The petition states that Ekneligoda acted against the political situation in the country while staying within the legal framework.  

The petition points out that after General Sarath Fonseka came forward to contest the recently concluded Presidential election Ekneligoda had supported his presidential bid through the media. The Petition complains that Ekniligoda is being held under unlawful custody/detention since either by and/or with the knowledge of the first Respondent DIG Nandana Manasinghe, Homagama OIC and the IGP or anyone and/or more of them for the reasons set out in the petition. It states since October 2009, Ekniligoda had been receiving threatening telephone calls from unidentified sources at times threatening bodily harm and even his life.

On 27 August, 2009 around 12.30p.m., on his way home from Dambulla and while walking back to his residence having alighted from the bus, he had been kidnapped by several persons believed to be covert/underground force operating illegally for and on behalf of the several highly placed officials, it states.

It says the kidnappers had their faces covered with black masks and abducted him in a white van during the period in question, which was a publicly accepted common method of abducting persons.

It states Ekniligoda was blindfolded, stuffed under a seat with the kidnappers firmly placing their feet on him, thus not allowing him to see or move.

It alleges the kidnappers at length resorted to foul language and abandoned him in an unknown area leaving him to wander on his own. He had complained of the incident at Homagama Police on 28 August, 2009.

It further states that at the Presidential election, Gen. (Rtd) Sarath Fonseka contested as the Common Opposition Candidate, Ekniligoda had actively engaged himself with the propaganda and publicity of his election campaign.

Ekniligoda proceeded to Kelaniya Raja Maha Vihara for the ceremony to invoke blessing on Gen. Fonseka but he had made telephone call to his friend one Gamini Perera on 24 January, 2010 and informed him that he was not in a position to attend the ceremony since he was traveling to Koswatte with an unnamed friend, the petition states. It was the last telephone call Ekniligoda made.

The petitioners the wife and two children too had requested protection for themselves as they too may come under threat.