30 May 2023 05:45 pm
The leave to appeal application filed by former President Maithripala Sirisena challenging the Negombo District Court’s order to proceed with the cases filed against him by the victims of the Katuwapitiya Church bomb blast while ordering to lay by the said cases against President Ranil Wickremesinghe was dismissed today by the Negombo Civil Appellate High Court.
The High Court Civil Appeal thereby affirmed the order of Negombo Additional District Judge Nuwan Tharaka Heenatigala, who by his order dated 15 December 2022, held that the cases filed by the victims of the Easter Sunday attack could proceed with the trial against the other defendants although the said cases have been laid-by against the incumbent President Ranil Wickremesinghe who is the second defendant.
The Negombo Civil Appellate High Court bench comprised Justices Nishantha Hapuarachchi and Rashmi Singappuli.
The District Court in its order dated 15 December 2022, had observed that the second defendant Ranil Wickremesinghe as the President of the country is entitled to immunity in terms of Article 35(1) of the Constitution. Accordingly, the District Court rejected the objections raised by former President Maithripala Sirisena and decided to proceed with the cases against him and other defendants including former Defence Ministry Secretary Hemasiri Fernando, former IGP Pujith Jayasundara and former Chief of State Intelligence Service Nilantha Jayawardhane.
Attorney-at-law Dinithi Wijayasekara with Shanika Sewwandi appeared for former President Maithripala Sirisena. Additional Solicitor General Ravindra Pathirana PC with State Counsel Tharanga Ranasinghe appeared for the Attorney General. Shammil Perera PC with Counsel Varuna Senadhira, Primal Ratwatte, Duthika Perera, Dilum Fernando, Uvini Bandara and Indika Bandara Abeykoon appeared for the Plaintiff-Respondent.
The victims of those who had died and were injured during the suicide bomb blast at St. Sebastian's Catholic Church in Katuwapitiya had filed several lawsuits before the Negombo District Court claiming compensations from former President Maithripala Sirisena, then Prime Minister Ranil Wickremesinghe, former Defence Ministry Secretary Hemasiri Fernando, former IGP Pujith Jayasundara and former Chief of State Intelligence Service Nilantha Jayawardhane.
All these actions have been instituted claiming damages based on the negligence of the defendants named in the said actions. (Lakmal Sooriyagoda)