Be the First to Know

lanka matrimony

Former President, Ex-Defence Secretary, Ex-IGP and Ex-Intelligence Chiefs found guilty

0 81
2019 Easter Sunday Bombings negligence FR petitions
Former President Sirisena ordered to pay Rs.100 mn
Former IGP Jayasundara to pay Rs.75 mn
Former Defence Secretary to pay Rs.50 mn
SDIG Nilantha Jayawardena to pay Rs.75 mn
Former CNI Sisira Mendis to pay Rs.10 mn
Attorney General directed to supervise fund
Rs.310 mn to be paid to compensation fund in six months

The Supreme Court yesterday ruled that Former President Maithripala Sirisena, former Inspector General of Police Pujith Jayasundara, former Chief of State Intelligence Service Nilantha Jayawardena, former Defence Secretary Hemasiri Fernando, former National Intelligence Chief Sisira Mendis have violated the fundamental rights of the petitioners by failing to act to prevent the Easter Sunday attacks despite receiving intelligence information and ordered to pay a compensation of Rs.310 million personally.

In addition the government was also ordered to pay a compensation of Rs.one million by the Supreme Court.

A petitioner who lost both his children after the verdict. Picture by Gayan Pushpika

Accordingly, former President Maithripala Sirisena was ordered to pay a compensation of Rs.100 million while former Inspector General of Police Pujith Jayasundara and former head    of the State Intelligence Service SDIG Nilantha Jayawardena were ordered to pay a compensation of Rs 75 million each. The Supreme Court also ordered former Defence Secretary Hemasiri Fernando to pay a compensation of Rs.50 million and Chief of National Intelligence, Sisira Mendis to pay a compensation of Rs.10 million.

The government was ordered to establish a fund for the victims and the compensation money was ordered to be credited to the said fund within a period of six months. The Attorney General was ordered to supervise whether the activities are being carried out properly.

The Supreme Court also ordered the Attorney General to take disciplinary action against former Director of the State Intelligence Service Nilantha Jayawardena.

The Supreme Court decided that the former President Maithripala Sirisena has failed to fulfill the task entrusted to him by the Constitution to ensure the national security as the President.The seven -judge bench of the Supreme Court made this order while pronouncing the verdict on 12 Fundamental Rights petitions filed against a group of people including Ex-President Maithrinapala Sirisena, Ex-IGP Pujitha Jayasundara, Head of State Intelligence Service Nilantha Jayawardena, ex-Defence Secretary Hemasiri Fernando, ex-Chief of National Intelligence Sisira Mendis for failing to take action to prevent the Easter Sunday terrorist attacks despite receiving intelligence information.

This apex court delivered the judgement after an extensive hearing on those petitions.

Chief Justice Jayantha Jayasuriya announced the unanimous decision of the seven member Supreme Court bench in open court. The Seven Member Bench comprised Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluvihare, Justice L. T. B. Dehideniya, Justice Murdu Fernando, Justice S. Thureiraja, Justice A.H. M. D Nawaz and Justice Shiran Gunaratne

It was declared that this judgment will be given to apply to all the petitions. Chief Justice Jayantha Jayasuriya stated that the former President and the above respondents had neglected their duties and responsibilities and this has led to the loss of large number of people, including children.

There the facts were mentioned separately regarding each of the above respondents

The judgement states: According to Article 4 (c) of the Constitution, the President is obliged to ensure national security, but former President Maithripala Sirisena has failed to fulfill it. Under the constitution, the President acts as the head of state as well as the head of the three armed forces

At the time of this attack, it was confirmed that the three armed forces and the State Intelligence Service were functioning under former President Maithripala Sirisena, and he was entrusted with the power to implement the Prevention of Extremism Act as well as the Public Security Act. The President has full executive power and is responsible for ensuring the safety of the public.

He was assigned the responsibility of preparing plans for that as well as coordinating with the security chiefs.

As the Minister of Defence, he is obliged to supervise all the departments under him and the former President is not in a position to escape his responsibilities by saying that the officers under him did not provide information.

Former President Maithriapala Sirisena’s Secretary Udaya Seneviratne had stated in an affidavit to the court that information that a terrorist attack was about to be carried out was not notified to the president by former Defense Secretary Hemasiri Pranandu, former Inspector General of Police Pujith Jayasundara or State Intelligence Service Director Nilantha Jayawardena.

He should take care to implement a proper mechanism to efficiently reach sensitive information regarding national security.

The court noted that the former president has failed to maintain such a mechanism.

Considering the Security Council meeting, it has been held once every week.

The purpose of these meetings is to present the suggestions of the security chiefs about the security situation of the country and the steps to be taken to ensure security and to inform the head of state about it.

But according to the facts presented to the court, it appears that those meetings were not held properly in the immediate period before the attacks.

Former President Maithriapala Sirisena has failed to fulfill the responsibilities and duties assigned to him as the President and the Minister of Defence and the Chief of the Armed Forces.

The Supreme Court is of the opinion that the fundamental right guaranteed by the provisions of 12(1) and 14(e) of the Constitution has been violated. The court noted that Pujitha Jayasundara has failed in his duties as the Inspector General of Police.

He has only forwarded the information given to him by the former head of the State Intelligence Service that the National Tauhit Jamaat organization is preparing to launch an attack on Easter Sunday to only four Deputy Inspector Generals of Police.

Also, as the Deputy Inspector General of Police, he has failed to follow up on the steps taken regarding the sensitive information.

He has only forwarded the information given to him by the former head of the State Intelligence Service that the National Thowheed Jamath organization is preparing to launch an attack on Easter Sunday to only four Deputy Inspector Generals of Police.

Also, as the Deputy Inspector General of Police, he has failed to follow up on the steps taken regarding the sensitive information.

The Police Ordinance Act gives the Inspector General of Police the ability to take responsible measures regarding the safety of the people of the country. Every police officer has a statutory responsibility.

Although he had the ability to inform the President or the political authority about the intelligence information he received, he did not do so. Although the Inspector General of Police had received 97 reports about Saharan Hashim during 2016-2019, he has not taken any steps to arrest Saharan.

Also, Pujitha Jayasundara has not taken steps to inform the DIG of Eastern Province about the intelligence information he received about Saharan Hashim and Thawheed Jamath organization blowing up a motorcycle as a test. Pujith Jayasundara, as the Inspector General of Police, has failed to conduct a formal investigation in this regard.”

The Inspector General of Police, Pujith Jayasundara had the ability to meet and inform the then President about this sensitive information. Accordingly, the opinion of the court is that the former IGP has seriously neglected his responsibilities and duties.

According to the Supreme Court, the fundamental right guaranteed by Article 12(1) and Article 14(e) of the Constitution has been violated. The power to administer and supervise the Ministry of Defence has been assigned to the Secretary of Defence under the Constitution. He must act according to the orders and instructions of the Minister of Defence.

He had been informed about such a terrorist attack but he has not taken any action in this regard. He had the ability to launch a good plan to prevent this attack together with the police chief and the three armed forces. He has lost the opportunity to make such a plan by not dealing with the sensitive intelligence information received.

It has been confirmed that former Director of State Intelligence Nilantha Jayawardena gave the information he received about the Easter Sunday Terrorist attacks to Defense Secretary Hemasiri Fernando. .

As the Defence Ministry Secretary, he could have meet the President and informed the president Maithripala Sirisena about this sensitive information, but he had not done so

Hemasiri Fernando also chaired the National Intelligence Review Meeting held on April 09, 2019. It is a problem why these issues were not brought to the attention of the weekly intelligence review meeting. The Chief of Defense Staff and the Chiefs of the Armed Forces participated in that meeting.

Even in the intelligence review meeting, he did not discuss the sensitive intelligence information and the steps to be taken in this regard.

Hemasiri Fernando’s attempt to place the blame on Nilantha Jayawardene regarding the President’s failure to inform regarding the matter is unacceptable.Nilantha Jayawardena had that responsibility and ability as well as Hemasiri Fernando and Sisira Mendis.

The Court is of the opinion that he has grossly neglected his duty through negligence and thereby violated the fundamental right guaranteed by the provisions of Article 12(1) and Article 14(e) of the Constitution.

Nilantha Jayawardena, the former director of the State Intelligence Service, has also neglected his duty.

He has only forwarded that information to the Inspector General of Police and the National Intelligence Chief. Then he did not follow up on the steps taken in that regard. After receiving this intelligence, a national intelligence review meeting was held on the April 9th . Nilantha Jayawardena participated in it, but he did not discuss it in the relevant meeting. It is a serious problem.

If this matter was discussed in that meeting, it is clear that the chiefs of the three armed forces and the Chief of Defense Staff who were present at the meeting could have known about this serious information.The President acted as the Defense Minister.

Nilantha Jayawardena is the head of a department under the Defense Minister. He had the ability to meet President Maithriepala Sirisena and inform him about this sensitive information that threatens national security, but he did not do so.

Before the attack, on April 14, which was the Sinhala Hindu New Year, the Inspector General of Police and the respondents met the President and wished him well, but even in that meeting, the President was not informed about this information.

Nilantha Jayawardena is unable to escape responsibility by saying that he informed the Inspector General of Police and the Defense Secretary about this attack.

According to these facts, it is confirmed that he has neglected his duty.

By not performing his duty properly, the fundamental right guaranteed by the provisions of 12(1) and 14(e) of the Constitution has been violated.

Former National Intelligence Chief Sisira Mendis has only forwarded the information he received about this terrorist attack to the Inspector General of Police and the Defense Secretary.

He has not followed up on the steps taken in that regard. Sisira Mendis has participated in the National Intelligence Review meeting held on the 9th of April 2019. He did not discuss sensitive information about the attack in that meeting or draw attention to it.

As the National Intelligence Chief, Sisira Mendis had the ability to inform the President Prime Minister and the tri-service commanders of the information received about the attacks Considering the facts, it appears that Sisira Mendis has seriously neglected his duty.

The Court is of the opinion that he has also violated the fundamental right guaranteed by the provisions of Article 12(1) and 14(e) of the Constitution.

These 12 fundamental rights petitions were filed by Nandana Sirimanna, a father whose two children died in the bomb attack, tourism businessmen Sarath Iddamalgoda and Janath Vidanage Catholic priests and lawyer Moditha Ekanayake, who was caught in the Shangri-La bomb attack.

A group of officials including the former Cabinet of Ministers, former IGP Pujith Jayasundera, former Defence Secretary Hemasiri Fernando former President Maithripala Sirisena and the Attorney General were cited as respondents.

These petitions were filed complaining that the respondents did not act to prevent the Easter attack despite receiving intelligence information that a group of Muslim extremists were planning a terrorist attack.

President Ranil Wickremesinghe who was the Prime Minister at that time, was named as a respondent in these petitions and the lawyer who appeared for him submitted that the hearing of the petitions against him could not be held after he assumed the office of President.

 

Friday, January 13, 2023 – 01:00











Leave A Reply

Your email address will not be published.