The Court of Appeal today permitted the Attorney General to file a confidential report explaining the reasons that led to the withdrawal of indictment filed against Admiral of the Fleet Wasantha Karannagoda.

 

Additional Solicitor General Nerin Pulle appearing for the Attorney General informed court that his department possesses a confidential report compiled in respect of the withdrawal of indictments against Karannagoda and sought Court's permission to file it as a confidential report.

 

Accordingly, the Court of Appeal two-judge-bench comprising Justice Sobhitha Rajakaruna and Justice Dhammika Ganepola directed the Attorney General to submit this report in court on November 2.

 

The Court of Appeal made this order pursuant to a writ petition filed by parents of the youths who went missing in 2008, challenging the decision of the Attorney General to withdraw the indictment against former Navy Commander Karannagoda.

 

The petitioners state that the decision to withdraw the indictments against former Navy Commander is unreasonable, bias, illegal, unlawful and politically motivated with intention to gain undue advantage and against the rules of natural justice.

 

The petitioners state that five persons including Rajiv Naganathan, Vishwanathan Pradeep, Mohammed Dilan, Mohammed Sajith went missing on or around 17th September 2008 where the Petitioners complained to the Police and Human Rights Commission relating to the disappearances.

 

The petitioners state that during the investigations of the Criminal Investigation Division in respect of another crime it was divulged the fact that there is a direct connection with the above disappearances and some navy personals including former Navy Commander.

 

The petitioners said according to CID investigations some persons including the above victims were abducted and illegally detained in a cell called “Pittu Bambuwa” situated near the Colombo port. The petitioners further said the victims were detained in an illegal prison called “GUN SITE” situated in Sri Lanka Naval and Marine Science Faculty premises of Trincomalee which was under the direct control of the former Navy Commander.

 

The petitioners state that decision of the Attorney General to withdraw the indictment served on the former Navy Commander is clear abuse of discretionary powers granted by law and liable to be rectified by orders of this Court for the purpose of Administration of Justice. (Lakmal Sooriyagoda)