Failure to prevent violence after May 9: CA issues notices on Shavendra Silva, IGP and others

By Lakmal Sooriyagoda  

The Court of Appeal yesterday issued notices on former Army Commander General Shavendra Silva, IGP Chandana Wickremaratne and several others returnable for February 24 in connection with a writ petition filed by 22 government Parliamentarians representing Sri Lanka Podujana Peramuna (SLPP).

Filing a writ petition in Court of Appeal, 22 government Parliamentarians representing SLPP and several others have sought an order directing the authorities to conduct a comprehensive investigation in order to ascertain as to whether former Army Commander General Shavendra Silva, IGP Chandana Wickremaratne or any other respondents have willfully disobeyed the orders given by former President Gotabaya Rajapaksa to take action to prevent the damages to property and people following the attack on Galle Face protesters on May 9.  
Court of Appeal two-judge-bench comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola decided to issue notices on the respondents, consequent to submissions made by President’s Counsel Sanjeeva Jayawardena who appeared on behalf of the petitioners.  

The petitioners reiterated the importance of conducting a comprehensive investigation in order to ascertain whether there was a politically motivated plan or other agenda to undermine the State.  
The petitioners stated that former President Gotabaya Rajapaksa in the capacity of Minister of Defence had appointed a ‘Board of Inquiry’ consisting of three highly decorated former commanders of the tri forces, under the Chairmanship of Admiral of Fleet Wasantha Karannagoda, to ascertain lapses, if any, by the armed forces and State Intelligence Service, during the recent incidents of violence.  
The petitioners said the conduct of former Army Commander General Shavendra Silva during the time period material to the instant application is highly questionable and that he has on several occasions disregarded direct and repeated instructions given to him by the former President, and the Secretary to the Ministry of Defence to protect the private property of the petitioners as well as other citizens and also public property of the State.  
The petitioners stated that the Board of Inquiry has found that the conduct of General Shavendra Silva on 31-03-2022 and 09-05-2022 are highly suspicious and questionable. 
 
They alleged Sri Lanka Police, and the armed forces, turned a blind eye, and did not take any action to prevent the ongoing violence and protect life and property of the citizens of Sri Lanka, despite the fact that the President had even declared a State of Emergency and had issued Emergency Regulations.