• .WP Civil Appellate HC to give order on whether or not to release ex-Prez

The Civil Appellate High Court (HC) of the Western Province (WP) yesterday (4) informed that the order on whether or not to release former President and incumbent MP Maithripala Sirisena from the lawsuits filed by victims of the Easter Sunday terror attacks of 2019, seeking compensation for the damages caused by the said attack, will be issued on 22 February.

The petition filed by Sirisena seeking the dismissal of the cases – filed by 109 persons who were injured, permanently disabled, and prejudiced by the Easter Sunday terror attacks –without trial, and his release from the said cases, was taken up yesterday.

The President’s Counsel (PC) who represented Sirisena stated before the court that according to Article 42 of the Constitution, the President is responsible only to Parliament. He said that the victims of the said terror attacks should have filed the relevant cases not against Sirisena, but against the Government. The PC also stated that these cases have been filed on the basis of Constitutional matters and that only the Supreme Court can hear cases pertaining to

Constitutional matters, adding that the situation regarding the jurisdiction to hear a case related to such a case in a civil court is problematic. According to the Constitution, he said that it is not possible to file a case against Sirisena in a civil court, and therefore said that the relevant responsibility does not fall to Sirisena.

Shamil Perera PC, appearing for the victims, argued that the relevant responsibility falls to Sirisena, as the latter was the President under the 19th Amendment to the Constitution.

Claiming that Sirisena and the other defendants are responsible for the Easter Sunday terror attacks that claimed 269 lives, he said that Sirisena, who was the then-President and Minister of Defence, should be accountable to the people regarding national security.

On behalf of the victims, the Colombo District Court had previously been informed by the victims of the said terror attacks that Sirisena and the other defendants were responsible for the series of terrorist attacks, as they had allegedly neglected their duty. According to the nature of each case, these cases had been filed asking for compensation ranging from Rs. 10 million and above.

The cases have been filed against Sirisena, then-Prime Minister and incumbent President Ranil Wickremesinghe, former Defence Ministry Secretary Hemasiri Fernando, former Inspector General of Police Pujith Jayasundara, former State Intelligence Service Director Senior Deputy Inspector General of Police Nilantha Jayawardena, and the Attorney General. Wickremesinghe has since been released from the cases, as he is the sitting President.