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SC dismisses petition, clears army officer, wife
The application seeking special leave to appeal against the judgment where a soldier’s father was alleged to have falsely implicated a senior military officer was dismissed by the Supreme Court.

The father had allegedly misled the Court about his son’s reported disappearance; giving the impression his son was dead. The application was heard by a three-judge Bench comprising Chief Justice Sarath N. Silva and Justices Shiranee Thilakawardane and Saleem Marsoof.
The petition was filed by Arambage Karunasena whom Court ordered to pay Rs. 25,000 each to the aggrieved parties.

The petitioner was fined after he was found guilty for falsely implicating Major General Nanda Mallawaarachchi, his wife Mrs. Mallawaarachi and Sergeant Jayatillake Banda. The petitioner claimed they were responsible for the disappearance of his son who was assigned for duty under the army officer.

The petitioner had first filed a Habeas Corpus application against the Major General, his wife and the sergeant among others. Subsequently it was revealed that the petitioner’s son, soldier Buddhika Ruwan Jayawickrema who was reported missing in August 2002 had been found but for nearly six months the Court was not informed about the matter.

It was also revealed that the soldier had been involved in several robberies after he deserted the Army and was arrested by the Veyangoda Police.

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