Maithripala’s writ petition to be heard before five-judge-bench

• The five-judge-bench comprising most senior judges of the Court of Appeal are to be appointed to hear this petition

By Lakmal Sooriyagoda  

The Court of Appeal yesterday decided to hear former President Maithripala Sirisena’s writ petition before a fuller bench comprising five judges of the Court of Appeal.  

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.  

Court of Appeal (President) Justice Nissanka Bandula Karunaratne announced that the five-judge-bench comprising most senior judges of the Court of Appeal are to be appointed to hear this petition. Meanwhile, the Court of Appeal further ordered to lay by the magisterial inquiry against former President Maithripala Sirisena at Colombo Fort Magistrate’s Court.  

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.  

Faiszer Musthapha PC with Counsel Keerthi Tillekaratne and Pulasthi Rupasinghe appeared for the former President. Rienzie Arsekularatne PC with Counsel Udara Muhandiramge appeared for Fr. Cyril Gamini Fernando.  
On October 14, 2022 the Court of Appeal two-judge-bench issued an order postponing the magisterial inquiry against former President Maithripala Sirisena and the 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 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 the Magistrate’s Court urging to take legal action against the former President under section 298 of Penal Code for causing deaths by negligence.