A writ petition filed by former President Maithripala Sirisena challenging the magisterial inquiry and issuance of summons against him in connection with the Easter Sunday attack incidents was today fixed for January 17 by Court of Appeal.
On October 14, the Court of Appeal issued an order postponing magisterial inquiry against former President Maithripala Sirisena.
Court of Appeal two-judge-bench comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola had decided to postpon magisterial inquiry at Colombo Fort Magistrate's Court for a period of 10 weeks.
The Colombo Fort Magistrate's Court had earlier issued a notice directing former President Maithripala Sirisena to appear in court on October 14 in connection with a private plaint filed on Easter Sunday attacks.
In his petition, the former President is seeking a writ of Certiorari quashing the order made by Colombo Fort Magistrate on 16th of September issuing summons on the petitioner.
Former President Sirisena alleged that Magistrate has failed to exercise his discretion properly in deciding to issue summons.
He further alleged that the Magistrate has issued a notice ordering him to appear before court taking into consideration the inadmissible evidence and hearsay evidence relating to the Easter Sunday attacks.
Former President states that the Colombo Fort Magistrate in issuing summons had failed to judicially evaluate the legal requisites of a Complaint filed by a private individual prior to the issuance of summons.
Rev. Fr. Cyril Gamini Fernando and Jesuraj Ganeshan, a victim of Easter Sunday attack, had filed a private plaint before Magistrate’s Court urging to take legal action against the former President under section 298 of Penal Code for causing deaths by negligence. (Lakmal Sooriyagoda)
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