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 January 17 by the Court of Appeal.
On October 14, the Court of Appeal issued an order postponing the magisterial inquiry against former President Maithripala Sirisena.
The two-judge bench of the Court of Appeal, comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola, had decided to postpone the magisterial inquiry at the Colombo Fort Magistrate’s Court for a period of 10 weeks.
The Colombo Fort Magistrate’s Court had previously issued a notice directing former President Maithripala Sirisena to appear in court on October 14 in connection with a private complaint filed in connection with the Easter Sunday attacks. In his petition, the former President seeks a writ of certiorari to vacate the order issued by the Colombo Fort Magistrate on September 16 summoning the petitioner.
Former President Sirisena alleged that the magistrate had failed to exercise his discretion properly in deciding to issue summons.
He further alleged that the magistrate has issued a notice ordering him to appear before 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, failed to judicially evaluate the legal requisites of a complaint filed by a private individual prior to the issuance of summons.
Rev. Fr. Cyril Gamini Fernando and Jesuraj Ganeshan, victims of the Easter Sunday attack, filed a private complaint before the Magistrate’s Court, urging the court to take legal action against the former president under Section 298 of the Penal Code for causing deaths by negligence.
