- Petitioner moves to withdraw the petition as Police files B report in Court
Fundamental Rights petition filed seeking an order directing the police to take necessary action against former LTTE armed group leader Vinayagamoorthy Muralitharan alias Karuna Amman over an alleged offensive remarks he made at a public meeting was today dismissed by Supreme Court.
At a public meeting held in Ampara during parliamentary election, Karuna Amman allegedly stated that he is more dangerous than COVID-19 since he killed 2000 to 3000 Sri Lankan soldiers in one night at Elephant Pass and more thousands in Killinochchi.
Supreme Court three-judge-bench comprising Justice L.T.B. Dehideniya, Justice Murdu Fernando and Justice Achala Wengappuli made this order following the petitioner’s decision not to proceed with the petition.
Counsel Yalith Wijesurendra appearing for the petitioner informed court that his client is not expecting to proceed with this petition since police have already filed a B report in courts against Karuna Amman.Taking into consideration the facts Supreme Court refused to grant leave to proceed with the petition and the petition was dismissed accordingly.
This petition had been filed by B. Kalahepathirana, a teacher by profession naming Attorney General, Karuna Amman and IGP as respondents.
The petitioner stated that the “Hate speech” made by Karuna Amman, was punishable and could be prosecuted for committing offences under section 3 of the International Covenant on Civil and Political Rights (ICCPR) Act.
The petitioner states that this statement can be considered as a ‘confession’ and a ‘boast’ about the gruesome crimes committed by Karuna Amman during the time he was a Colonel and the head of the Eastern Province of LTTE.
The petitioner states that many former LTTE members have been indicted for committing such crimes under the Penal Code and the Prevention of Terrorism Act and after trial has been found guilty and has been punished by the Court of Law in Sri Lanka.
The petitioner also sought a declaration that the government has violated the Fundamental Rights of the petitioner guaranteed under Article 12(1) of the constitution by not arresting and not taking necessary legal steps against Karuna Amman, the leader of Tamil United Freedom Front.
The petitioner stated that under Article 12(1) all persons are equal before the law and are entitled to equal protection of the law.
