Appeal Court quashes summons issued on former President Sirisena over Easter Sunday attacks

Colombo, Feb. 4 (Daily Mirror) - The Court of Appeal yesterday issued a Writ of Certiorari quashing the summons issued by the Colombo Fort Magistrate’s Court on former President Maithripala Sirisena over the Easter Sunday terror attack incidents.

The order was made by a five-judge bench of the Court of Appeal, comprising Justices Dhammika Ganepola, Mayadunne Corea, P. Kumararatnam, Sasi Mahendran and Amal Ranaraja, pursuant to a writ petition filed by former President Sirisena challenging the legality of the summons.

However, the Court of Appeal observed that its decision should not be construed as a bar on the Colombo Fort Magistrate from making a fresh order, upon the availability of any further material.

In its judgment, the Court of Appeal held that the Magistrate had failed to indicate the specific material considered in forming the opinion that the complaint disclosed the ingredients of an offence of criminal negligence. The Court noted that there was no clarity as to how such an opinion was arrived at, nor was there an accurate specification of the material relied upon in issuing the summons.

The Court further observed that the Magistrate’s order lacked sufficient reasoning, particularly with regard to identifying the evidentiary basis upon which the decision to summon the former President was made.

On September 16, 2022, the Colombo Fort Magistrate’s Court had issued a notice directing former President Maithripala Sirisena to appear before court in connection with a private plaint filed relating to the Easter Sunday terror attacks.

In his petition, the former President sought a Writ of Certiorari quashing the order made by the Colombo Fort Magistrate on 16th September 2022 issuing summons on the petitioner. The Colombo Fort Magistrate, Rev. Fr. Cyril Gamini Fernando and Jesuraj Ganeshan were named as respondents in this petition. 

Former President Sirisena alleged that the Magistrate has failed to exercise his discretion properly in deciding to issue summons.

He further alleged that the Magistrate has issued a notice ordering him to appear before court taking into consideration the inadmissible evidence and hearsay evidence relating to the Easter Sunday attacks.

The former President states that the Colombo Fort Magistrate, in issuing summons had failed to judicially evaluate the legal requisites of a complaint filed by a private individual prior to issuing the summons.

Rev. Fr. Cyril Gamini Fernando and Jesuraj Ganeshan, a victim of the Easter Sunday bomb attack, had filed a private plaint before the Magistrate’s Court urging to take legal action against the former President under section 298 of the Penal Code for causing deaths through negligence.