A writ petition filed by former President Maithripala Sirisena challenging the magisterial inquiry and issuance of summons against him in connection with the Easter Sunday attack incidents was today fixed for tomorrow (11) by the Court of Appeal.

The Court of Appeal two-judge bench comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola fixed the petition to be heard on October 11 since the Attorney General sought further time.

The Colombo Fort Magistrate’s Court had issued a notice directing former President Maithripala Sirisena to appear in court on October 14 in connection with a private plaint filed on the Easter Sunday attacks.

In his petition, the former President is seeking a writ of Certiorari quashing the order made by the Colombo Fort Magistrate on the 16th of September issuing summons to the petitioner.

Former President Sirisena alleged that the magistrate had failed to exercise his discretion properly in deciding to issue a summons.

He further alleged that the magistrate had issued a notice ordering him to appear before the 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 the issuance of summons.

The Rev. Fr. Cyril Gamini Fernando and Jesuraj Ganeshan, victims of the Easter Sunday attack, had filed a private plaint before the Magistrate’s Court urging them to take legal action against the former President under section 298 of the Penal Code for causing their deaths by negligence. The complainants alleged that former President Sirisena is responsible for causing the deaths of a number of people by doing any negligent act not amounting to culpable homicide since he functioned as the Minister of Defence and the Minister of Law and Order at the time of the Easter Sunday attacks took place.