Activists missing incident: Relatives’ habeas corpus case on Feb. 15

The Court of Appeal listed for support with notice to the respondents in a Habeas Corpus case filed by the father and the wife, respectively, of two members of the “Jana Aragala Viyaparaya” movement who went missing in Jaffna on December 9.

The petitioners Arumugam Weerarajah, father of Weerarajah Lalith Kumara and Muruganandan Janatha wife of Kitnam Muruganandan (Kugan) cited Maj. Gen. Mahinda Hathurusinghe Army Commander Jaffna, Lt. Gen. Jagath Jaysuriya Army Commander, OIC Athchuvely Police Station, IGP N.K. Illangakoon, the Attorney General and Weerarajah Lalith Kumara and Kitnam Muruganandan (Kugan) as respondents.

J.C. Weliamuna, attorney for the petitioners said that the persons concerned were members of an organization called “Jana Aragala Viyaparaya” a movement in support of freedom for all citizens irrespective of caste or creed.

According to the petition, the two persons Lalith and Kugan had travelled on December 9 from Athchuvely to Jaffna to organize a meeting of the movement to be held on December 12.

The two persons had left the residence of the person they had gone to visit but their where- abouts are still not known. The petitioners had complained to the Atchuvely police station regarding this disappearance and after a few days later the motorcycle which they had travelled on had been found abandoned in a field.

The petitioners stated that at a press conference when the issue of these missing persons were raised, Media and Mass Communication Minister Keheliya Rambukwella had made a statement that the persons were in custody and that they would be produced in Court. The petitioners said that these persons had no involvement in any activities against the Government and that they were only members of a movement involved in justice for all. The petitioner Arumugam Weerarajah said that Lalith Kumara was arrested once before in June by the Army and later released.

The petitioners claim that their arrest and detention is ultra vires and requested a mandate in the nature of a Habeas Corpus to produce them before Court and that they be released.

Justices Ranjith and H.N.J. Perera directed notice returnable to be issued to the respondents and listed the case for support on February 15.