CA dismisses writ petition against former Navy Commander
The Court of Appeal yesterday dismissed the writ petition filed against the Attorney General’s decision to withdraw the indictment filed against former Navy Commander Admiral of the Fleet Wasantha Karannagoda for abducting and disappearing 11 youths before a Colombo High Court Trial-at-Bar, without hearing it.
Accordingly, notice to the respondents in the petition was also refused.The petition was taken up before the Bench comprising Court of Appeal Judges Sobhitha Rajakaruna and Dhammika Ganepola. When the petition was taken up before the court yesterday, Judge Sobhitha Rajakaruna stated that the Court will not intervene as the Attorney General has the discretionary power to prosecute a person or not. It was also stated that the petitioner had not been able to present sufficient facts to support the petition.
The Court considered two confidential reports submitted by the Attorney General, including the reasons for not pursuing the indictment against former Navy Commander Admiral of the Fleet Wasantha Karannagoda and stated that there were no justifiable reasons to pursue criminal charges against him.
Accordingly, the bench dismissed the petition. The petitions have been filed by the parents of three missing youths.The petitioners allege through their petition that the Attorney General’s decision to withdraw the indictment against former Navy Commander Admiral of the Fleet Wasantha Karannagoda was an abuse of power by the Attorney General.
The petitioners are Saroja Govinda Sami Naganathan alias M.Sarojini Perera, Jamaldeen Jenny Faslin Jennifer Weerasinghe, Don Mervin Premalal Weerasinghe and Aminthul Jifria Sabdeen. The Attorney General and former Commander of the Navy, Admiral of the Fleet Wasantha Karannagoda are the respondents.
Attorneys Nuwan Bopage and Achala Seneviratne appeared for the petitioners.
President’s Counsel Romesh de Silva and Attorney Sugath Kaladera appeared for the respondent, Admiral of the Fleet Wasantha Karannagoda, on the instructions of Attorney Sanath Wijewardena. Additional Solicitor General Nerin Pulle appeared on behalf of the Attorney General.