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Saturday, 13 July 2019 00:08 - - {{hitsCtrl.values.hits}}
By S.S. Selvanayagam
A fuller seven-Judge Bench of the Supreme Court yesterday (12) deferred for 25 July the supporting for granting of Leave to Proceed in respect of the Fundamental Right petitions filed against Inspector General of Police (IGP) Pujith Jayasundera and former Defence Secretary Hemasiri Fernando for the alleged failure to act on the intelligence information in respect of the Easter Sunday serial attacks on churches and hotels on 21 April.
IGP Jayasundera and former Defence Secretary Fernando have filed their objections.
The Attorney General and other respondents are to file limited objection on or before 18 July and the counter-objections by the petitioners are to be filed on or before 23 July.
Attorney General Dappula De Livera informed Court that he would not be appearing for Jayasundera and Fernando.
Viran Corea appeared for the Respondent IGP. Anuja Premaratne appeared for the Respondent former Defence Secretary.
AG De Livera with Additional Solicitor General Farzana Jameel, Deputy Solicitor General Nerin Pulle and Senior State Counsel Induni Punchihewa appeared for the Attorney General.
Twelve petitions were taken up before the seven-Judge Bench comprising Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice Sisira de Abrew, Justice Priyantha Jayawardena, Justice Prasanna Jayawardena, Justice L.T.B. Dehideniya and Justice Murdu Fernando
Gamini Perera appeared for the petitioners Janath S. Vidanage, who is the Managing Director of a travel company, as well as Saman Nandana Sirimanne, the father of the deceased Medha Sathsarani Sirimanne and Imesh Thiwanka Sirimanne.
Saliya Peries PC appeared for Rev. Fathers Ashok Stephan, Sarath Ithamalgoda and Sherard Jayawardana.
Faisz Musthapha PC with Razik Zarook PC, Faiza Markar, Faris Sally, Hejaz Hisbullah and M. Mehran Careem appeared for the petitioner Hilmy Ahamed.
Sanjeeva Jayawardena PC appeared for the BASL.
The Attorney General had on 3 May declined to appear for Jayasundara and Special Security Division DIG Priyalal Dasanayake in the Fundamental Rights petition before the Supreme Court despite the request made by the Director of the Police Legal Division.
Petitioners claim the inaction/actions of the respondents constitute Executive and Administrative action.
They seek 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.
They are also asking the Court to direct the Attorney General to investigate and prosecute the IGP under the Penal Code.
On 21 April, three Christian churches, namely, Shrine of St. Anthony’s 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.
The locations 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 guest house in Dehiwala when the Police approached to apprehend suspects who aided and abetted and where the suspects homed to organise the attacks targeted on several cities in Sri Lanka.
Over 250 people were killed, including several foreign nationals and and three Police officers, and at least 500 people were injured in the bombings.