• Sirisena alleged that the Magistrate has failed to exercise his discretion properly in deciding to issue summons

By Lakmal Sooriyagoda  

The Court of Appeal yesterday fixed for Friday (14) to announce whether it issues an order quashing the summons issued by Colombo Fort Magistrate on former President Maithripala Sirisena in connection with the Easter Sunday attack incidents.  

Court of Appeal two-judge-bench comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola yesterday concluded preliminary hearings into the writ petition filed by former President Sirisena and announced that order regarding his initial pleadings will be made on October 14.  

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.  

Former President Sirisena alleged that the Magistrate has failed to exercise his discretion properly in deciding to issue summons.   He further alleged 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.  
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, a victim 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.