Order sought to direct PCoI to make fresh evidence available to SC before arguments commence | Daily News


 

FR petitions on Easter Sunday attacks:

Order sought to direct PCoI to make fresh evidence available to SC before arguments commence


UPDATE:  In a motion filed before the Supreme Court, a petitioner who filed a Fundamental Rights petition over the Easter Sunday attacks sought an order directing the Secretary of the Presidential Commission (PCoI) to probe into matters relating to the Easter Sunday bomb attacks, to make all fresh evidence available to the Supreme Court before the arguments are commenced.

President’s Counsel Manohara de Silva appearing for petitioner Attorney-at-Law Moditha Ekanayake informed the Supreme Court that the Presidential Commission of inquiry had found a considerable amount of fresh evidence that can be used against the State and some of the respondents.

Manohara de Silva PC stated that new evidence found and matters transpired at the Presidential Commission have a paramount importance to this Fundamental Rights petition.

The Supreme Court is to consider this motion along with another motion filed by Sanjeewa Jayawardena PC today (03).

When the 12 Fundamental Rights petitions filed over the Easter Sunday attacks came up before the Supreme Court seven-judge-Bench, the Court directed the Attorney General to file a motion detailing, to whom the Attorney General is appearing for and the respondents who would no longer be represented by Attorney General.

The Court was informed that the Attorney General would not appear for several respondents including Secretary to the former President and Secretary to the former Prime Minister since they currently do not hold the positions.

The Supreme Court seven-judge-Bench comprised Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice Sisira de Abrew, Justice Priyantha Jayawardena, Justice L.T.B. Dehideniya, Justice Murdu Fernando and Justice Preethi Padman Surasena.

Twelve petitions were fixed for argument on November 10 and 11.

At a previous occasion, the Attorney General had informed the Supreme Court that he would no longer represent two respondents former President Maithripala Sirisena and former Prime Minister Ranil Wickremasinghe since they do not hold such positions.

On October 2, 2019, Supreme Court decided to grant leave to proceed in terms of Article 12(1) of the constitution in respect of former President Maithripala Sirisena and former Prime Minister Ranil Wickremesinghe, former IGP Pujith Jayasundara and former Defence Secretary Hemasiri Fernando.

Through these petitions, the petitioners including the Sri Lanka Bar Association are pleading an order to prosecute those who directly or indirectly responsible for terrorist attacks.

The Chief Justice had nominated a fuller bench comprising seven judges of the Supreme Court to hear several Fundamental Rights petitions filed over the Easter Sunday attack.

Through these petitions, petitioners are pleading an order to prosecute those who are directly or indirectly responsible for terrorist attacks. They are also claiming compensation for the victims of the terrorist attacks.

President’s Counsel Faize Mustafa, Manohara de Silva PC, Saliya Peiris PC, Sanjeewa Jayawardena PC, Senior Counsel Gamini Perera, Darshana Weraduwage and Chrishmal Warnasuriya appeared for the petitioners.

Additional Solicitor General Farzana Jameel with Deputy Solicitor General Nerin Pulle appeared for the Attorney General. Senior Counsel Viran Corea appeared for the former IGP. President’s Counsel Anuja Premaratne appeared for former Defence Secretary Hemasiri Fernando.

 


FR petitions on Easter Sunday attacks-Time: 17:35

In a motion filed before the Supreme Court, a petitioner who filed a Fundamental Rights petition over Easter Sunday attacks sought an order directing the Secretary of the Presidential Commission to probe into matters relating to the Easter Sunday bomb attacks, to make all fresh evidence available to the Supreme Court before the arguments are commenced. President’s Counsel Manohara de Silva appearing for petitioner Attorney-at-Law Moditha Ekanayake informed the Supreme Court that the Presidential Commission inquiry had found a considerable amount of fresh evidence that can be used against the state and some of the respondents.


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