• Justice Priyantha Jayawardena and Justice Gamini Amarasekara declined to hear the petitions citing personal reasons
• Through these petitions, petitioners including Sri Lanka Bar Association  are pleading an order to prosecute those who were directly or  indirectly responsible for the terrorist attacks

By Lakmal Sooriyagoda   

Two Supreme Court Judges yesterday recused themselves from hearing twelve Fundamental Rights petitions filed with regard to the Easter Sunday attacks.   

When the twelve Fundamental Rights petitions came up before Supreme Court seven-judge-bench headed by Chief Justice Jayantha Jayasuriya, Justice Priyantha Jayawardena and Justice Gamini Amarasekara declined to hear the petitions citing personal reasons.  

Accordingly, the Supreme Court re-fixed the petitions for argument on March 14 next year.  

Through these petitions, petitioners including Sri Lanka Bar Association are pleading an order to prosecute those who were directly or indirectly responsible for the terrorist attacks. They are also claiming compensations for the victims of the terrorist attacks.   

On October 2, 2019, Supreme Court decided to grant leave to proceed in terms of Article 12(1) of the Constitution in respect of former President Maithripala Sirisena and former Prime Minister Ranil Wickremesinghe, former IGP Pujith Jayasundara and former Defence Secretary Hemasiri Fernando.   

The Attorney General does not represent former President Maithripala Sirisena and former Prime Minister Ranil Wickremesinghe since they no longer hold such positions.  
The Chief Justice had nominated a fuller bench comprising seven judges of the Supreme Court to hear several Fundamental Rights petitions filed over the Easter Sunday attack.   
In his petition, petitioner Saman Nandana Sirimanne, the father of late Medha Sathsarani Sirimanne, 21, and late Imesh Thiwanka Sirimanne, 19, who met an untimely death at the explosion that took place on the April 22, 2019 at the Shrine of St. Anthony’s Church, Kochchikade filed a FR petition seeking an order to investigate and prosecute those who were directly or indirectly connected to terrorist attacks.  

President’s Counsel Faizer Musthafa, Manohara de Silva PC, Saliya Peiris PC, Sanjeewa Jayawardena PC, Senior Counsel Gamini Perera, Counsel Darshana Weraduwage and Chrishmal Warnasuriya appeared for the petitioners.   

Additional Solicitor General Priyantha Nawana appeared for the Attorney General.   

Senior Counsel Viran Corea appeared for the former IGP. while, President’s Counsel Anuja Premaratne appeared for former Defence Secretary Hemasiri Fernando.

• President’s Counsel Faize Mustafa, Manohara de Silva PC, Saliya Peiris  PC, Sanjeewa Jayawardena PC, Senior Counsel Gamini Perera, Counsel  Darshana Weraduwage and Chrishmal Warnasuriya appeared for the  petitioners