A writ petition filed by former Kegalle Senior Superintendent of Police K.B. Keerthiratne and three other officers challenging the order by the Kegalle Magistrate to arrest them in connection with the recent Rambukkana shooting incident was today fixed for support by the Court of Appeal.
The two-judge bench of the Court of Appeal comprising Justice Sobhitha Rajakaruna and Justice Dhammika Ganepola fixed the petition for support and interim relief on June 29.
President’s Counsel Shavindra Fernando appearing for the applicants, stated that there is no reasonable suspicion of committing a crime by the petitioners since they acted to disperse an unruly crowd.
He further argued that the Magistrate had misdirected herself when making an order directing the IGP to arrest the persons responsible for the shooting.
However, President’s Counsel Rienzie Arsecularatne with Upul Jayasuriya PC and Sarath Jayamanne PC appearing for the aggrieved parties of the shooting incident raised objections against the writ petition. They argued that the Magistrate had issued this order after having a crime scene examination and perusing the evidence during the inquest into the death of a youth. Upul Jayasuriya had requested the court to dismiss the petition in limine since they can challenge the order of the Magistrate by way of a revision application before the High Court.
Deputy Solicitor General Janaka Bandara appearing for the Attorney General also raised objections against the writ petition citing there is no necessity to intervene in the Magistrate’s order.
Police arrested SSP Keerthiratne for allegedly giving orders to shoot at protesters, while three other officers were arrested for opening fire at the protesters in Rambukkana on April 19.
The protesters had been agitating against the overnight price hike of fuel. They also blocked the railway track to Kandy as part of their protest.
