Justice Iddawela declines to hear Maithripala’s writ petition

• This petition was fixed for argument to be heard before a five-judge-bench on October 16, 17, 18 and 20

By Lakmal Sooriyagoda  
Appeal Court Judge Neil Iddawela has recused himself from hearing the writ petition filed by former President Maithripala Sirisena, challenging the magisterial inquiry and issuance of summons against him in connection with the Easter Sunday attack incidents.  
Court of Appeal (President) Justice Nissanka Bandula Karunaratne announced that Justice Iddawela, a member of five-judge-bench nominated to hear this case, has declined to hear the petition. Accordingly, this petition was fixed for argument to be heard before a five-judge-bench on October 16, 17, 18 and 20.  

Filing a motion before the Court of Appeal, Rev. Fr. Cyril Gamini Fernando had earlier sought a fuller or a divisional bench to hear the writ petition filed by former President Maithripala Sirisena.  

On October 14, 2022 the Court of Appeal two-judge-bench issued an order postponing magisterial inquiry against former President Maithripala Sirisena. The Court of Appeal further decided to postpone the magisterial inquiry at Colombo Fort Magistrate’s Court for a period of 10 weeks.  
The Colombo Fort Magistrate’s Court had earlier issued a notice directing former President Maithripala Sirisena to appear in court on October 14, 2022 in connection with a private plaint filed on Easter Sunday attacks. 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.  
Faiz Musthapha PC with Counsel Keerthi Tillekaratne appeared for the former President. Rienzie Arsekularatne PC with Counsel Thejitha Koralage, Thilina Punchihewa, Himasha Silva and Udara Muhandiramge appeared for Fr. Cyril Gamini Fernando.