The Bench of the Court of Appeal comprising Justices W.L. Ranjith Silva and H.N.G. Perera directed the Chief Magistrate of Jaffna to conduct a magisterial inquiry with regard to the allegedly abducted persons Lalith Kumara and Kitnam Muruganandan (Kugan) in Jaffna in December 2011, after Senior State Counsel informed Court that the 1st and 2nd respondents cited denied the allegation of abduction and detention.
The petition filed by Muruganandan Janatha, wife of Kugan and Arumugam Weerarajah father of Lalith Kumara cited Jaffna Army Commander Maj. Gen. Mahinda Hathurusinghe, Army Commander Lt. Gen Jagath Jayasuriya, OIC Athchuvely Police Station, IGP N. K. Illangakoon and the Attorney General as respondents. Attorney J.C. Weliamuna informed Court that the two persons abducted were members of an organization called “Jana aragala viyaparaya” – a movement calling for peace and harmony among all citizens of Sri Lanka. They were on there way to Jaffna on December 12, 2011 to organize a meeting of the group. The petitioners said that since the two had not returned they informed the police.
Subsequently, the motor cycle that the two were travelling on was found abandoned by the wayside.
The petitioners stated that on a previous occasion Kugan’s mother had received an anonymous phone call threatening her and saying ‘if you don’t take your son away we will do it for you.’
Senior State Counsel Shaminda Wickrama informed Court that the 1st respondent Hathurusinghe and the 2nd respondent Jayasuriya were filing their submissions on Friday.
When Justice Ranjith Silva inquired about the status of their response regarding the allegation Counsel informed Court that they totally deny any of the said allegations.
He also said that the 3rd and 4th respondents had not submitted theirwritten submissions as yet. Justice Silva said that as a matter of courtesy he was giving time for the 3rd and 4th respondents to submit their submissions till April 27.
Justice Ranjith Silva then stated that as the 1st and 2nd respondents are denying the allegations he directed the Chief Magistrate Jaffna to conduct a magisterial inquiry regarding the missing persons and a full report be submitted to the Appeal Court. He also directed the Registrar to inform the Jaffna Court of the order made.The case will be heard again on April 27.