A writ petition filed by former President Maithripala Sirisena seeking an order quashing the summons issued by the Fort Magistrate’s Court directing him to appear before Court in connection with a personal complaint over the failure to prevent the terrorist attack on Easter Sunday that took place on April 21, 2019 despite receiving intelligence information, was yesterday fixed for support on October 10 by the Court of Appeal.
The petition was taken up before a Court of Appeal bench comprising Justices Sobitha Rajakaruna and Dhammika Ganepola.
When the petition was taken up before the Court President’s Counsel Faizer Mustapha appearing for petitioner Former President Maithripala Sirisena sought from the Court that the petition be called on another day. Accordingly, the Bench decided to consider the petition on October 10 and informed the petitioner to send the notice related to the petition to the Attorney General.
President’s Counsel Rienzie Arsakularatne appeared before the court for Father Cyril Gamini who filed the personal complaint in the Fort Magistrate Court. Rev. Father Cyril Gamini and Jesudasan Nadesan, a victim of the attack had filed a complaint against former President Maithripala Sirisena in the Fort Magistrate’s Court for his failure to prevent the terrorist attack that took place on Easter Sunday. Fort Magistrate Thilina Gamage, who considered the complaint on September 16 and issued summons ordering Former President Maithripala Sirisena to appear in court on October 14. Following that, a Writ application was filed in the Court of Appeal seeking an order quashing the Fort Magistrate’s order by Former President Maithripala Sirisena.
It has been pointed out in this petition that the relevant personal complaint has been filed on the basis of hearsay evidence and illegal facts. The former president claims in his petition that it is contrary to the law to issue a summons based on such a complaint.
Therefore, he seeks from the Court of Appeals to issue a writ of certiorari quashing the summons issued to him to appear in court. He has also sought through the petition to issue an interim order suspending the proceedings against him before the Fort Magistrate Court.
The petition has cited the Colombo Fort Magistrate and the Registrar of that court as respondents.
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