The Supreme Court (SC) is to hear submissions on 12 Fundamental Rights (FR) petitions filed against former Defence Secretary (DS) Hemasiri Fernando and Inspector General of Police (IGP) Pujith Jayasundara, on July 25, as the Attorney General (AG) decided not to represent both respondents, who have been sent on compulsory leave. A  seven- member SC [...]

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Attorney General decides against representing both respondents

FR petitions against former Defence Sec and IGP
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The Supreme Court (SC) is to hear submissions on 12 Fundamental Rights (FR) petitions filed against former Defence Secretary (DS) Hemasiri Fernando and Inspector General of Police (IGP) Pujith Jayasundara, on July 25, as the Attorney General (AG) decided not to represent both respondents, who have been sent on compulsory leave.

A  seven- member SC Bench comprising Chief Justice (CJ) Jayantha Jayasuriya, Justices Buwaneka Aluvihare, Sisira de Abrew, Priyantha Jayawardena, Prasanna Jayawardena, LTB Dehideniya and Murdu Fernando directed the defendants to file objections by July 18, and urged the prosecution to file counter arguments, if any, before July 23.

Among the 12 petitioners are Nandana Sirimanne, who lost two children in the terrorist attacks, and Janak Withanage, a businessman engaged in the tourism industry.

Petitioners claim that the IGP and the DS had been made aware, through intelligence warnings, about an imminent attack, in the days prior to April 21. Stating that the respondents had not taken any action, despite the availability of this information, petitioners are seeking an order from the SC to investigate and prosecute them under the Penal Code.

Petitioners are seeking a declaration that the actions of the respondents violated the right of equality before the law and equal protection from the law.

Attorney-at-Law Gamini Perera appeared for the Petitioners. Anuja Premaratne P.C. appeared for the former DS, while Attorney-at-Law Viran Corea appeared for the IGP.

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