Fr. Cyril Gamini requests for a fuller bench

to hear Maithripala’s writ petition

• Faiszer Musthapha PC appearing for the fmr. President raised objections against the application citing that a request for a fuller bench cannot be made at the argument stage

By Lakmal Sooriyagoda  

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

In his writ application, former President Sirisena had challenged the Magisterial inquiry and issuance of summons against him in connection with the Easter Sunday attack incidents.  

On October 14, 2022 the Court of Appeal two-judge-bench issued an order postponing Magisterial inquiry against former President Maithripala Sirisena and writ petition was accordingly fixed for argument. The Court of Appeal further decided to postpone the Magisterial inquiry at Colombo Fort Magistrate’s Court for a period of 10 weeks.  
The Court of Appeal two-judge-bench comprising Justice (President) Nissanka Bandula Karunaratne and Justice M.A.R. Marikkar fixed for March 14 to deliver its order regarding the application, requesting a fuller bench.   
Rienzie Arsekularatne PC appearing for Fr. Cyril Gamini Fernando moved the Court that this petition be heard before a fuller bench, taking into account the public importance of the petition. 

 
However, Faiszer Musthapha PC appearing for former President raised objections against the application citing that a request for a fuller bench cannot be made at the argument stage.  

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 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.   

•  The Court of Appeal further decided to postpone the Magisterial inquiry at Colombo Fort Magistrate’s Court for a period of 10 weeks