The defence over the case filed against former Tamil National Organization MP Mahalingam Kanagalingam Shivajilingam for allegedly organizing the “Thilipan” commemoration of the banned Liberation Tigers of Tamil Eelam (LTTE) in violation of the Constitution, yesterday raised a preliminary objection stating that the Colombo High Court does not have Jurisdiction power to pursue the Charges against the accused.
When the case was taken up before Colombo High Court Judge Adithya Patabendige, Senior Attorney-at-Law K.S Rathnavel appearing for the defence raised a preliminary objection stating that since there are contradictions between the extraordinary gazette notification issued on 29/08/2011 and the Main Act, accordingly, the case cannot be filed in a High Court in the Western Province, and the case must be filed in a High Court in the relevant jurisdiction, so this Court has no power to maintain these indictments against its client.
After considering the fact, the case was fixed for February 29 to deliver its order regarding the matter by the Colombo High Court.
On a previous occasion, the Colombo High Court served an indictment to MP M.K. Sivajilingam and following the serving of the said indictment, he was granted release on two sureties of Rs. 1 million by the Colombo High Court.
The case was filed by the Attorney General on February 24, 2022 against the accused, alleging that a punishable offense under the Prevention of Terrorism Act (PTA) had been committed by organizing the 33rd memorial ceremony of LTTE member Rasaiya Parthiyan alias “Thilipan” at Gokula Road in Kondavil area of Jaffna on September 15, 2020. According to Article 44 (2) of the Constitution of Sri Lanka, this case has been filed under the charge of violating the Constitution and committing a punishable offence under the Prevention of Terrorism Act.
On a previous occasion, the Colombo High Court has issued a summons to the accused and since he did not appear in the Court according to the said summons, warrants have been issued to the accused.
The accused who responded to the warrant appeared before the Court through a group of attorneys.
Considering the facts presented to the Court, that the accused had been in India for treatment, at the time the warrants were issued, the warrant was ordered to be withdrawn by the Colombo High Court.
At the production of the case, banners, candles, bananas stems, the case report of the Jaffna Court have been included and the names of two Kopai Police Officers have been included as witnesses.
Dilshan Tharaka