Failure to prevent violence after May 9 Writ petition against Shavendra, IGP and others withdrawn

By Lakmal Sooriyagoda  

A writ petition filed by several parties including the Ministers and government Parliamentarians against former Army Commander General Shavendra Silva, IGP Chandana Wickremaratne and several others for their alleged failure to prevent violence following the attack on Galle Face protesters on May 9, 2022 was yesterday withdrawn by the petitioners following an undertaking given by the authorities to have a fresh inquiry into the incidents.  

State Counsel that appeared on behalf of the Attorney General informed court that they have received instructions from the Minister of Public Security and the Secretary to the President with regard to two substantive reliefs sought to the petition.  

The Minister of Public security has ensured that steps will be taken to have an inquiry or investigation conducted with regard to the matters set out in the Board of Inquiry.  

The Secretary to the President has given an undertaking to bring the contents of the said report of the board of inquiry,  to the notice of the incumbent President.   

President’s Counsel Sanjeeva Jayawardena appearing for the petitioners informed court that these two undertakings have essentially addressed the grievances of the petitioners and that he would move to withdraw the writ application.   
President’s Counsel Faisz Mustapha appearing for General Shavendra Silva objected to both undertakings furnished by the Attorney General as well as the withdrawal of the application and indicated that he wished to file objections to the same.   
Sanjeeva Jayawardena PC submitted that there is no case of filing objections as this was a crucial matter as several official governmental institutions and installations were attacked and that the masterminds behind these attacks must be duly investigated.  Court of Appeal two-judge-bench after considering submissions made by both parties held that the petitioners were entitled to withdraw the petition and the application for withdrawal was allowed.  

The petitioners had 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, following the attack on Galle Face protesters on May 9.