SC begins hearing of FR petitions against failure to prevent Easter Sunday attacks

The Supreme Court yesterday began the hearing of Fundamental Rights Applications filed against the state for its failure to prevent the Easter Sunday bomb attacks on 21 April 2019 despite having prior knowledge.

Fundamental rights petitions filed against former President Maithripala Sirisena, former Prime Minister Ranil Wickremesinghe, former Defence Secretary Hemasiri Fernando, former IGP Pujith Jayasundara and others were taken for hearing before a seven-judge bench of the apex court.

The bench headed by Chief Justice Jayantha Jayasuriya comprised justices Buwaneka Aluvihare, LTE Dehideniya, Murdu Fernando, S. Thurairajah, A.H.M.D. Navaz and Shiran Guneratne

The FR petitions had been filed by 12 parties including the Bar Association of Sri Lanka (BASL), Catholic priests, a father who lost his two children in the attack, businessman Jagath S. Vithanage and many others.

The terrorist attack on Easter Sunday, 21 April 2019, killed 267 people, including 45 foreigners, injured over 500 and damaged churches, hotels and property.

Attorney-at-Law Gamini Perera, who appeared for Saman Nanda Sirimanne, the father of the two children Medha Sathsarani Sirimanna and Imesh Thivanka, who died in the attack, stated that the Police Department had received information on 09 April that Saharan Hashim and a group of his followers were preparing to carry out a suicide attack.

He further stated that the IGP had forwarded the information to four DIGs under him to take necessary action. The IGP had also received information about the attack on the eve of Easter Sunday and the morning of the attack.

The counsel accused the IGP of failing to follow up and take steps to prevent the attack. Attorney-at-Law Dharshana Weraduwage appearing for another petitioner, Nagananda Kodithuwakku made submissions to the court through the affidavit submitted by former President Maithripala Sirisena, who has been named as a respondent in these petitions.

The Attorney pointed out that the former President had not even mentioned in his affidavit that he was the Defence Minister, adding that the Defence Minister would have the powers to oversee the security forces including the Armed Forces, the Police Department and the State Intelligence Service.

However, Attorney-at-Law Weraduwage pointed out that the former President as the Defence Minister had neglected to oversee the institutions and accused him of neglecting his responsibility to thwart the Easter attack.

Thereafter, further hearing of the petition was adjourned till today (15 March).