The former president, through his lawyers, informed the court today that if the cases filed against President Ranil Wickremesinghe are laid by, then the court must also lay by the cases filed against all defendants related to the lawsuits filed by the victims of the suicide bombing that occurred at St Sebastian’s Catholic Church in Katuwapitiya, Negombo.
President’s Counsel Faizer Mustapha appearing for the first defendant former President Maithripala Sirisena informed Negombo District Court that if the court decides to lay by these cases filed against President Ranil Wickremesinghe, similar relief should be granted to his client as well. He added that under the plaints filed before the Court, the defendants would be jointly and severally liable.
When the 33 lawsuits were called before Negombo Additional District Judge Nuwan Taraka Hinatigala, Attorney-at-law Trevor Fernando representing President Ranil Wickramasinghe, who is named as the second defendant in these cases, submitted to the court that his client as the President of the country is entitled to immunity in terms of Article 35(1) of the constitution and moved the court that these cases shall be laid against President Ranil Wickremasinghe. According to him, the seven-judge bench of the Supreme Court has already ruled against proceeding with several fundamental rights petitions against President Wickremesinghe in terms of Article 35(1) of the Constitution.
Senior Counsel Varuna Senadhira appearing for the plaintiffs informed the Court that in terms of Article 35(1) of the Constitution as interpreted in the recent determination of the Seven-Judge-Bench of the Supreme Court, the defendant President Ranil Wickremesinghe is entitled to immunity as long as he holds the office of the President of the Republic and would cease to enjoy such immunity once he relinquishes such post.
The families of those killed and injured by the suicide bomb blast at St Sebastian’s Catholic Church in Katuwapitiya filed several lawsuits before Negombo District Court seeking compensation from former President Maithripala Sirisena, former Prime Minister Ranil Wickremesinghe, former Defence Ministry Secretary Hemasiri Fernando, former IGP Pujith Jayasundara, and former Chief of State Intelligence Service Nilantha Jayawardhane.
Former President Maithripala Sirisena had raised preliminary objections challenging the maintainability of these lawsuits on several grounds.
In his preliminary objections, the former President has rejected the allegations made by plaintiffs that he acted in an irresponsible manner, neglecting public security.
All of these actions were filed claiming damages based on the negligence of the first to sixth defendants.
