The writ petition filed by parents of the youths who went missing in 2008 seeking an order quashing the decision of the Attorney General to withdraw the indictment filed against Admiral of the Fleet Wasantha Karannagoda was today dismissed by Court of Appeal.

 

 

The Court of Appeal two-judge-bench comprising Justice Sobhitha Rajakaruna and Justice Dhammika Ganepola observed that court would not interfere with the Attorney General's Prosecutorial Power. The Court further held that there is no procedural error on the part of the Attorney General's Department.

 

Accordingly, the Court of Appeal decided to dismiss the petition without issuing notices on the respondents.

 

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.

 

Counsel Nuwan Bopage appeared for the petitioners. Additional Solicitor General Nerin Pulle appeared for the Attorney General. (Lakmal Sooriyagoda)