11 October 2022 09:32 am Views - 174
A writ petition filed by former President Maithripala Sirisena challenging the magisterial inquiry and issuance of summons against him in connection with the Easter Sunday attack incidents was fixed for today (11) by Court of Appeal.
Court of Appeal two-judge-bench comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola fixed the petition to be heard on October 11 since Attorney General sought further time.
The Colombo Fort Magistrate’s Court had issued a notice directing former President Maithripala Sirisena to appear in court on October 14 in connection with a private plaint filed on Easter Sunday attacks.
In his petition, the former President is seeking a writ of Certiorari quashing the order made by Colombo Fort Magistrate on 16th of September issuing summons on the petitioner.
The former President Sirisena alleges that Magistrate has failed to exercise his discretion properly in deciding to issue summons.
He further alleges that the Magistrate has issued a notice ordering him to appear before court taking into consideration the inadmissible evidence and hearsay evidence relating to the Easter Sunday attacks.
The former President states that the Colombo Fort Magistrate in issuing summons had failed to judicially evaluate the legal requisites of a Complaint filed by a private individual prior to the issuance of summons.
Rev. Fr. Cyril Gamini Fernando and Jesuraj Ganeshan, victims of the Easter Sunday attack, had filed a private plaint before Magistrate’s Court urging to take legal action against the former President under Section 298 of Penal Code for causing deaths by negligence.
The complainants allege that former President Sirisena is responsible for causing the death of a number of persons by being negligent not amounting to culpable homicide since he functioned as the Minister of Defence as well as the Minister of Law and Order at the time the Easter Sunday attacks took place.
Faisz Musthapha PC with Faiszer Musthapha PC, Upul Jayasooriya PC, Senior Counsel Jeewantha Jayatilake, Counsel Hafeel Farisz, Keerthi Thilikerathne, Ashan Bandara appeared for the former President.
Additional Solicitor General Rohantha Abeysuriya appeared for the Attorney General. Rienzie Arsekularatne PC appeared for the aggrieved party.