Former President Sirisena calls SC to reconsider Easter Attack FR petitions

Former President Maithripala Sirisena requested the Supreme Court yesterday (15) to reconsider the facts mentioned in the judgement regarding the Fundamental Rights petitions related to the Easter Sunday terror attacks.

This request was made based on the fact that the British Channel 4 had revealed new information and people regarding the Easter Sunday attack and that President Ranil Wickremesinghe has decided to appoint a Parliamentary Select Committee to investigate that information.

This request was made by President’s Counsel Faizer Mustapha, who appeared for Maithripala Sirisena, when several motions filed regarding the judgement were called before a six-member Supreme Court Bench.

These petitions were called before the six-member Supreme Court Bench of Judges Buwaneka Aluvihare, Murdu Fernando, S.Thurairaja, A.H.M.D. Nawaz, Kumuduni Wickremasinghe and Shiran Gunaratne.

The chairman of the Bench, Justice Buwaneka Aluvihare, stated that these petitions were called to fix a date to consider several motions filed by the respondents in relation to these petitions.

The parties were informed to submit additional matters, if any, to the court within a period of two weeks.

President’s Counsel Faizer Mustapha, who appeared for the respondent, former President Maithripala Sirisena, stated that according to the order made in the judgement of the case, he has already paid part of the amount of Rs.100 million that was ordered to be paid by his client. He also mentioned that time has been requested to pay the remaining amount.

However, he mentioned that the British Channel 4 has revealed new facts regarding the Easter terror attack. He also pointed out that new parties have been named as being involved in this incident. The President’s Counsel also said that the President had decided to appoint a Parliamentary Select Committee to investigate the matter. He stated that he would request the court to reconsider the facts regarding him in this case judgement as injustice may be done to his client based on these facts.

The Bench ordered that the relevant facts be presented to the court through a motion and when the said motion is considered, the matter should be presented orally.

At that time, President’s Counsel Chandaka Jayasundara, who appeared on behalf of former State

Intelligence Service Chief Nilantha Jayawardena, stated that his client had agreed to pay a part of the compensation amount as per the order made in the relevant judgement. He also mentioned that he submitted a motion stating that he is not able to pay the remaining amount.

The Senior Additional Solicitor General Priyantha Navana, representing the Attorney General, stated that according to information received from the Compensation Office, the Attorney General had earlier filed two motions in the court.

Senior Attorney Gamini Perera who appeared for the petitioner, stated that the respondents have insulted court by not following the judgement in question. He said that he is ready to file a petition complaining about it. He also informed court that he will file a motion mentioning those facts.

After considering the facts, the Bench directed the parties to file a motion stating facts intended to be submitted, on or before 30 September. It was decided to take up these motions for hearing on November 2.

On January 12, a seven-judge Supreme Court Bench issued a judgement ruling that fundamental rights had been violated by failing to prevent the Easter terror attack despite receiving intelligence information.

According to the judgement given in relation to twelve fundamental rights petitions that had been filed, compensation was ordered to be paid by former President Maithripala Sirisena, former Inspector General of Police Pujith Jayasundara, former Chief of the State Intelligence Service Nilantha Jayawardena, former Defense Secretary Hemasiri Fernando, and former National Intelligence Chief Sisira Mendis who were named as respondents in the relevant petitions. They were ordered to pay the respective compensation within six months from that particular date. Accordingly, former President Maithripala Sirisena paid 15 million rupees out of the compensation of 100 million rupees ordered by the Supreme Court and a motion was submitted seeking permission to pay the remaining compensation of 85 million rupees in 10 installments of 8.5 million rupees each. It stated that the compensation is expected to be paid in equal installments over a period of ten years from June 30, 2024 to June 30, 2033.

Former Defence Secretary Hemasiri Fernando had paid a part of the 50 million rupees compensation he had been ordered to pay. Former Inspector General of Police Pujith Jayasundara and former Chief of State Intelligence Service Nilantha Jayawardena had paid a portion of the 75 million rupees each, they had been ordered to pay as compensation.

It was stated that former National Intelligence Chief Sisira Mendis had paid part of the 10 million rupees compensation he was ordered to pay.

In addition, the Treasury had also paid a compensation of one million rupees on behalf of the government.

The 12 Fundamental Rights petitions had been filed by a group of persons including a father who had lost his children and a group of victims.

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