Sirisena’s writ petition to be fixed for hearing today

Easter Sunday carnage magisterial inquiry:

By AJA Abeynayake

A writ petition filed by former President Maithripala Sirisena challenging the magisterial inquiry and issuance of summons against him in connection with the Easter Sunday attack incidents is fixed to be heard today (10).The Court of Appeal two-judge-bench, comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola, on Friday, fixed the petition for support.

The Colombo Fort Magistrate’s Court has issued notice directing former President Maithripala Sirisena to appear in court on 14 Oct., in connection with a private plaint filed on the Easter Sunday attacks.In his petition, the former President is seeking a writ of Certiorari quashing the order made by Colombo Fort Magistrate, on Sept 16, issuing summons on the petitioner.Former President Sirisena has alleged that the Magistrate failed to exercise his discretion properly in deciding to issue summons.

He has further alleged that the Magistrate issued a notice ordering him to appear before Court, taking into consideration the inadmissible evidence and hearsay evidence relating to the Easter Sunday attacks. The Colombo Fort Magistrate, in issuing summons, had failed to judicially evaluate the legal requisites of a Complaint filed by a private individual, prior to the issuance of summons, Sirisena has argued.

Rev. Fr. Cyril Gamini Fernando and Jesuraj Ganeshan, a victim of Easter Sunday attack, have filed a private plaint before the Magistrate’s Court urging them to take legal action against the former President, under section 298 of Penal Code, for causing deaths by negligence.

The complainants have alleged that former President Sirisena is responsible for causing the deaths of a number of persons by doing any negligent act, not amounting to culpable homicide, since he functioned as the Minister of Defence and the Minister of Law and Order at the time the Easter Sunday attacks took place.Faisz Musthapha PC with Upul Jayasuriya PC, Senior Counsel Jeewantha Jayatillake, Counsel Hafeel Farisz, Keerthi Thilikerathne, Ashan Bandara appeared for the former President.