The motions filed by two petitioners seeking an order calling for the evidence elicited during the Presidential Commission probing the Easter Sunday attacks, to be perused by Supreme Court under confidential cover, was yesterday rejected by the Supreme Court.
In two motions filed before the Supreme Court, the petitioners who filed a Fundamental Rights petitions 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 begun.
However, Additional Solicitor General Farzana Jameel PC appearing for the Attorney General raised objections against the motions citing there is no legal basis to allow these applications. The Additional Solicitor General stated that there is no provision in the Commission of Inquiry Act to provide materials pertaining to an ongoing inquiry to an outsider since it obliged to tender its final report to the President.
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.
President’s Counsel Sanjeewa Jayawardena appearing for another petitioner told court that the evidence transpired in the Presidential Commission is important to identify the persons and organizations that are directly or indirectly connected with the terrorist attacks. He sought an order calling for the materials at the Presidential Commission for perusal of the Supreme Court.
Taking into consideration the facts, the Supreme Court seven-judge-Bench comprising 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 decided to reject the two motions.
President’s Counsel Sanjeewa Jayawardena, Manohara de Silva PC, Shamil Perera PC, Senior Counsel Gamini Perera, Darshana Weraduwage appeared for the petitioners.
Additional Solicitor General Farzana Jameel with Senior Deputy Solicitor General Nerin Pulle, Deputy Solicitor General Dileepa Peiris, State Counsel Induni Punchihewa appeared for the Attorney General. Senior Counsel Viran Corea appeared for the former IGP. President’s Counsel Faizer Mustapha appeared for the former President Maithripala Sirisena.Counsel Suren Fernando appeared for former Prime Minister Ranil Wickremasinghe.
