• President Ranil Wickremesinghe, who is named as the second defendant in these cases, as the President of the country is entitled to immunity in terms of Article 35(1) of the constitution 

By Lakmal Sooriyagoda  

Former President Maithripala Sirisena through his lawyers yesterday informed court that if the cases filed against President Ranil Wickremesinghe are laid by, then Court should lay by, the cases against all defendants in connection with the lawsuits filed by the next of kin of those who died and were injured due to the suicide bomb blast which occurred at St Sebastian’s Catholic Church in Katuwapitiya, Negombo.  

President’s Counsel Faizer Mustapha appearing for the first defendant former President Maithripala Sirisena informed Negombo District Court that if court decides to lay by these cases filed against President Ranil Wickremesinghe, similar relief should be granted to his client as well. He further said that in terms of Plaints filed before Court, the liability of the Defendants are held jointly and severally.  

When the 33 lawsuits were called before Negombo Additional District Judge Nuwan Taraka Hinatigala, Attorney-at-law Trevor Fernando representing President Ranil Wickremesinghe, who is named as the second defendant in these cases, submitted to court that his client as the President of the country is entitled to immunity in terms of Article 35(1) of the constitution and moved court that these cases shall be laid by against President Ranil Wickremasinghe. He further said Supreme Court seven-judge-bench has already given a ruling not to proceed with several fundamental rights petitions against President Wickremesinghe in terms of the Article 35(1) of the Constitution.  

Senior Counsel Varuna Senadhira appearing for the plaintiffs informed Court that in terms of Article 35(1) of the Constitution as interpreted in the recent determination of the Seven-Judge-Bench of the Supreme Court, the second Defendant President Ranil Wickremesinghe is entitled to immunity as long as he holds the office of the President of the Republic and would cease to enjoy such immunity once he relinquishes such post.   
The next of kin of those who died and were injured due to the suicide bomb blast which occurred at St Sebastian’s Catholic Church in Katuwapitiya had filed several lawsuits before Negombo District Court claiming compensation from former President Maithripala Sirisena, then Prime Minister Ranil Wickremesinghe, former Defence Ministry Secretary Hemasiri Fernando, former IGP Pujith Jayasundara and former Chief of State Intelligence Service Nilantha Jayawardena.  

Former President Maithripala Sirisena had raised preliminary objections challenging the maintainability of these lawsuits on several grounds.   

In his preliminary objections, former President had rejected allegations made by plaintiffs that he acted in an irresponsible manner, neglecting public security.   

All these actions have been instituted claiming damages based on the negligence of the first to sixth Defendants named in the said actions.  

Senior Counsel Varuna Senadhira with Indika Abeykoon instructed by Dilum Fernando appeared for Plaintiff. Faizer Musthapa PC with Ms. Shaheeda Bari appeared for former President Maithripala Sirisena.  

Attorney-at-law Trevor Fernando instructed by Udani Karunaratne appeared for President Ranil Wickremesinghe.