Home / News/ Fasting Tamil prisoners’ appeal: Motion seeks CA to list case today

Fasting Tamil prisoners’ appeal: Motion seeks CA to list case today


Comments / {{hitsCtrl.values.hits}} Views / Wednesday, 1 November 2017 02:19


By S.S. Selvanayagam

Attorney-at-Law for the fasting Tamil Prisoners yesterday (31) filed a motion in Appeal Court pleading to re-list their appeal to be taken up today (1).

The appeal filed by the Tamil prisoners seeking the Court of Appeal to transfer their case back to Vavuniya from Anuradhapura High Court day before yesterday (30) fizzled out as when the case was called, they were absent and unrepresented.

Tamil prisoners who embark on continuous fasting in a passive resistance urging to transfer their case back to Vavuniya High Court from Anuradhapura High Court  filed an appeal last Wednesday (26)in the Court of Appeal against the Attorney General and the Terrorist Investigation Division(TID).

The Attorney-at-Law in his motion stated that whereas the Counsel for the petitioners was not aware that the case has been listed on the additional list and therefore was no present in Court when the case was called and the Court made no order since these petitioners were not represented by Counsel.

In the circumstances, he apologised for the inconveniences caused to the Court and begs the case may be called on 1 November.

Petitioners Rajathurai Thiruvarul, Mathiarasan Sulakshan and Ganeshan Dharshan who are continuing their abstinence from all food and liquid food for the last 37 days have filed their petition through their instructing Attorney-at-Law M.K.P.Chandralal.

They state that they were arrested by TID and produced before the Magistrate and committed to fiscal custody.

They state they were in remand in various prisons and presently being kept at Anuradhapura Prisons.

They state they were indicted by then Attorney General in the High Court of Vavuniya in 2013 and their case was called 58 instances without trial being started.

Finally High Court Judge of Vavuniya fixed the case for trial for two days in September, they state.

While the case was so fixed for trial in September in High Court of Vavuniya, the Attorney General moved to transfer the case to the High Court of Anuradhapura, they state.

They claim they do not have any relatives or friends in Anuradhapura and they speak only Tamil language and that it will be very hard for their family members to bring a language of their choice to Anuradhapura High Court to defend the case against them and to understand proceedings in the case.

They lament they will be denied a fair trial in the High Court of Anuradhapura and draw attention to the fact that out of 67 witnesses in the case, 64 are from Police and Armed Forces.

They contend that therefore there is no fair reason for the Attorney General to transfer the case from Vavuniya High Court to Anuradhapura High Court at the present improved security context.


Share This Article


DISCLAIMER:

1. All comments will be moderated by the Daily FT Web Editor.

2. Comments that are abusive, obscene, incendiary, defamatory or irrelevant will not be published.

3. We may remove hyperlinks within comments.

4. Kindly use a genuine email ID and provide your name.

5. Spamming the comments section under different user names may result in being blacklisted.

COMMENTS

Today's Columnists

The Brahmin footprint in Sri Lankan history

Saturday, 17 November 2018

It is generally said that there are no genuine “Sri Lankan” Brahmins in the island today, and that those Brahmins who officiate as priests in Hindu kovils (temples) are of Indian origin with close ties with Tamil Nadu.


Country paying for Sirisena’s childlike behaviour

Saturday, 17 November 2018

Many were surprised on 26 October to see former President Rajapaksa being appointed Prime Minister by the very man who defeated him a couple years ago, at a considerable risk to himself and to those who helped him win the election. Then events beca


The JR-MR effect

Saturday, 17 November 2018

Sri Lanka over the last few weeks has experienced a twin crisis. One is political provoked by its Constitution, and the other economic engendered by its politics. However, this crisis is the combined effect of two previous presidencies, those of J.R.


The fish that swallowed the whale

Friday, 16 November 2018

This is an easy-peasy, elementary effort of an ordinary citizen to comprehend the mad scramble for power among the political class. It is undertaken in the belief that the crisis we face is an opportunity to reject the family kleptocracy of Mahinda R


Columnists More