Writ petition dismissed

A writ petition seeking an order directing the Inspector General of Police (IGP) and the Director of the CID to commence an investigation into the Welikada prison riot in 2012, resulting in the death of 27 prisoners, was yesterday dismissed by the Court of Appeal.

The Court of Appeal (President) Preethi Padman Surasena and Justice Shiran Goonaratne decided to dismiss the petition citing that there is no basis to proceed with the petition since the reliefs pleaded by the petition have already been succeeded.

Senior State Counsel Madawa Tennakoon appearing for the Attorney General informed the court that the CID had commenced an investigation into the incident and the progress of the investigation into the Welikada prison riot had been reported to the Colombo Chief Magistrate's Court through B reports. The progress of the investigation through a report was submitted to the court by the Senior State Counsel.

Sudesh Nandimal Silva, who was in remand custody at the time the alleged incidents took place, had filed this writ petition citing the Commissioner General of Prisons, Director of CID, Inspector General of Police, Minister of Prison Reforms, Rehabilitation, Resettlement and Hindu Religious Affairs and the Attorney General as respondents.

The petitioner stated that he wishes to bring to the attention of the court what he saw and was within his personal knowledge of the said tragic incidents for the purpose of obtaining the reliefs.

On November 9, 2012, at about 1 pm, the petitioner and other prisoners at Welikada prison received information that personnel from the Army and STF were about to enter the prison to conduct a search operation. The petitioner got to know that there was an argument between prison officials and a contingent TID, STF waiting at the gate of the prison on the procedure related to the search operation, the petitioner stated.

The petitioner has added that the prison was in the control of the Army until 10 am on November 10, 2012, and by that time, 27 of the prison inmates were killed by STF/Army/TID/Prison Intelligence. The petitioner has made a complaint to the CID on February 2, 2015.

The petitioner stated that although four years had elapsed since the incident, no action has been taken by the police or the Attorney General yet to conduct investigations and prosecute the offenders.

The petition was filed through Senior Counsel K. S. Ratnavale and Counsel Senaka Perera. Senior State Counsel Madawa Tennakoon appeared for the Attorney General.