- AG to reply to counter-argument of Petitioner on Preliminary Objections
Court of Appeal yesterday adjourned the proceedings on the Writ Petition challenging the implementation of the execution of the condemned prisoners for today. Attorney General is to reply to the counter-argument of the Counsel for the Petitioner on his Preliminary Objections.
The Bench comprised Justices Yasantha Kodagoda (President/CA), Deepali Wijesundera, Janak De Silva, Achala Wengappuli and Arjuna Obeysekere.
Attorney General had raised Preliminary Objection on the maintainability of the Petition as well as the jurisdiction of the Court of Appeal.
Deputy Solicitor General Nerin Pulle, appearing for the AG in his Preliminary Objection, contended that the President is not a party in the Petition and the necessary party is kept out.
He pleaded Court that this application should be dismissed in limine.
Counsel Niran Anketell, appearing for the Petitioner responded that it is not against the President but against the Superintendent of Welikada Prisons, Commissioner General of Prisons and the executioner.
He had submitted this case is based on Provisions of Criminal Procedure and the Prisons Ordinance. He pointed out that Form-7, which is the warrant for committal of prisoner, states to keep him under safe custody until the sentence is carried out.
He had also submitted there is no power or power conferred on any officer of the State to execute the prisoner, and that the warrant for a convicted prisoner only authorises detention custody and does not authorise the killing of a prisoner until Parliament confers the duty and the power on any officer who shall execute the prisoner.
Petitioner Malinda Seneviratne, a senior journalist, cited The Commissioner General of Prisons, Welikada Prisons Superintendent, Welikada Prison Executioner and the Attorney General as respondents.
Counsel Niran Anketell with Hafeel Farisz instructed by Vidanapathirana Associates appeared for the Petitioner. Deputy Solicitor General Nerin Pulle appeared for the Commissioner General of Prisons and the Attorney General.