Failure to prevent Easter Sunday’s Attacks SC orders Maithri, Nilantha, Pujith, Hemasiri to pay millions As compensation

• Orders to pay compensation out of their personal funds 
• Orders to take disciplinary action against Nilantha Jayawardena  
• A progress report on the scheme of payment and the details about payments must be made available to Court within 6 months

 By Lakmal Sooriyagoda  

In a landmark judgment regarding the reckless failure on the part of the executive branch of the government, the Supreme Court yesterday ordered former President Maithripala Sirisena who held the office of the Minister of Defence to pay a sum of Rs. 100 million as compensation to the victims of Easter Sunday attacks.  

Supreme Court seven-judge-bench headed by Chief Justice Jayantha Jayasuriya further ordered former IGP Pujith Jayasundera and former State Intelligence Service (SIS) Director Nilantha Jayawardena to pay Rs. 75 million each as compensation for their failure to perform statutory duties. Former Defence Secretary Hemasiri Fernando was ordered to pay Rs. 50 million. Former Chief of National Intelligence Sisira Mendis was ordered to pay Rs. 10 million as compensation and the State was ordered to pay Rs. 1 million. The respondents were ordered to pay the compensation out of their personal funds. The Supreme Court held that the State and the respondents must make their payment of compensation to the victim fund maintained at the Office for Reparation.  

According to the judgment, a progress report on the scheme of payment and the details about payments made by the respondents and any benefactors must be made available to this Court within 6 months. Meanwhile, the Supreme Court declared that all above respondents including former President Maithripala Sirisena have violated the fundamental rights enshrined in Articles 12 (1)- right to equality and 14 (1) (e) of the Constitution.  

Supreme Court seven-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice L.T.B. Dehideniya, Justice Murdu Fernando, Justice S. Thurairaja, Justice A.H.M.D. Nawaz and Justice Shiran Goonaratne delivered this judgment in respect of thirteen fundamental rights petitions filed by various parties including the victims of the Easter Sunday attacks.  

After evaluating the facts presented against the conduct of former SIS Director, the Supreme Court directed the State to take appropriate disciplinary action forthwith against the former SIS Director Nilantha Jayawardena for his lapses and failures to perform official duty.  

The court observed that under the presidency of the former President Sirisena the National Security Council (NSC) meetings were sporadic and not regular. The Court held that the dangers posed by Zahran and his terrorist outfit could have been effectively dealt with had this mechanism been in place but its efficacy had been lost on the then President. In 2019 there had been only two NSC meetings convened by him. The court further observed that this dismal failure on the part of the former President Sirisena resulted in disastrous consequences for the country.  

It was revealed Nilantha Jayawardena did not conduct a briefing on the information he had received on 4th April 2019 regarding possible terrorist attacks.  
The Court observed that IGP Pujith Jayasundera had committed his own omissions, when there were obvious risks to which he paid no attention. His inadvertence to those obvious risks amounts to a violation of his statutory duties which he owes the citizenry. The IGP is bound by the Police Ordinance and it cannot be denied that it is the Inspector General of Police, who had the statutory authority, and the machinery under him, to act, the judgment stated.  

Thirteen petitioners including Sri Lanka Bar Association and Rev. Fr. Benedict Tennison sought an order to prosecute those directly or indirectly responsible for terrorist attacks.   
They are also claiming compensation for the victims of the terrorist attacks.   

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

Additional Solicitor General Priyantha Nawana appeared for the Attorney General. Faizer Mustapha PC appeared for former President Maithripala Sirisena. Senior Counsel Viran Corea appeared for the former IGP. President’s Counsel Anuja Premaratne appeared for former Defence Secretary Hemasiri Fernando. Shammil Perera PC appeared for the Archbishop of Colombo.