- Despite request by Police Legal Division
- SC postpones FR Petition for May 21
By S.S. Selvanayagam
The Attorney General yesterday declined to appear for IGP Pujith Jayasundara and Special Security Division DIG Priyalal Dasanayake in the fundamental rights petition filed in the Supreme Court despite a request made by the Director of the Police Legal Division.
The Bench comprising Justices Buwaneka Aluvihara and P. Padman Surasena deferred the petition for May 21.
The petition was filed by Janath S.Vidanage, the Managing Director of a Travel Company. He cited IGP Pujith Jayasundara, Defence Secretary Hemasiri Fernando, DIG Priyalal Dasanayake and the Attorney Genera as respondents.
He claims that the inaction/action of the respondents constitute Executive and Administrative Action.
The petitioner is seeking the Court to declare that the respondents have violated the fundamental rights to equality and equal protection by law as well as the freedom to engage in a lawful occupation and business.
He seeking Court to direct the Attorney General to investigate and prosecute the IGP under the Penal Code and claims his primary objectives inter alia are to contribute in the administrative process whereby a responsible and accountable good governance is put in place and ensure the implementation of the right of equality before the law and equal protection of the law, in a democratic and egalitarian manner safeguarding democracy, pluralism, the rule of law, human rights and social justice.
The petitioner states that he as well as every Citizen is entitled to the right of equality and equal protection of the Law.
He states that on April 21, 2019 three Christian Churches -- St. Anthony Church, Kochchikade, St. Sebastian’s Church, Negombo and Zion Church, Batticaloa were bombed during the Easter service while three hotels the Shangri-La, the Cinnamon Grand and the Kingsbury were targeted in a series of coordinated terrorist suicide bombings.
Later that day, more explosions took place at a housing complex in Dematagoda and a guest house in Dehiwala. More than 250 people were killed, including at least 37 foreigners and three police personnel and wounded nearly 500.
The petitioner said he among several others (Cabinet Ministers, MPs, Several Key figures including His Eminence Malcolm Cardinal Ranjith Archbishop) became aware that an intelligence report has been forwarded to the IGP of the imminent danger of a planned attack by suicide bombers organized by a named extremist religious group targeting Christian Churches and economically vital places among others.
In the meantime, a circular/internal memorandum came into light and the petitioner received a copy of the same authored by the DIG addressed to some security divisions by his letter dated 11/4/2019 which is also publicly available and not denied by the 1st, 2nd or the 3rd Respondents of its existence;
Whereby it is revealed that IGP received an intelligence memo warning about possible suicide bomb attacks on churches, other places of financial and economically vital places, being planned by Mohammed Zaharan; the leader of Thowheed Jama’at.
Gamini Perera with Ravinranath Dabare and Ishara Gunawardane appeared for the petitioner while Senior State Counsel Induni Punchihewa appeared for the Attorney General.