The Court of Appeal today fixed Friday (14) to announce whether it will issue an order quashing the summons issued by Colombo Fort Magistrate on former President Maithripala Sirisena in connection with the Easter Sunday attack incidents.
The Court of Appeal two-judge bench comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola today concluded preliminary hearings into the writ petition filed by former President Sirisena and announced that an order regarding his initial pleadings will be made on October 14.
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 a victim of the Easter Sunday attack, Jesuraj Ganeshan, 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 deaths by negligence.
