3 petitions against senior security officials for dereliction of duty
Three petitions have been filed against high ranking security officials for failing to act dutifully in relation to the Easter Sunday bombings carried out last month.
The Petitioners are Janath S. Vidanage, Saman Nanandana Sirimanne and Nagananda Kodituwakku.
The Petitioners claim that the Respondents have violated their Fundamental Rights (FR) by not acting on crucial security information received prior to the attacks.
The Respondents include Inspector General of Police, Pujith Jayasundere, Defence Ministry Secretary Hemasiri Fernando, Deputy Inspector General of Police, Priyalal Dissanayake and the Attorney General.
Mr. Sirimanne, in his petition, cited that Pujith Jayasundere and Hemasiri Fernando, the 1st and 2nd Respondents respectively, had not acted on an intelligence report, or on warnings issued by Indian authorities, containing warnings with regard to imminent terror attacks on Christian churches and economically vital places, by suicidal bombings organised by a named terror group.
“The 1st and 2nd Respondents had received an intelligence memo warning about possible suicide bomb attacks on churches, other financial and economically vital places, being planned by Mohammed Zaharan, the leader of an Extremist National Islamist group called Thowheeth Jamaath”.
The petition further states that, "although it is unclear whether the Respondents issued orders to protect the general public, it is clear that no effective measures were taken to ensure the safety of the general public from the attacks."
Petitioner also cited the Respondents for violation of Human Rights based on discrimination.
“Further, the Petitioner states that the 1st and 2nd Respondents cannot pick and choose as to whom they may provide their services and thereby, provide security to an elite and selected set of persons, whilst the general public and the common masses are allowed to be killed by gruesome attacks, which is a clear discrimination against the c i t i z ens, including the Petitioner.”
The petition calls for action to be t a ken ag a i n s t the Respondents for having violated the FR of the Petitioners, guaranteed under Article 12 ( 1) of the Constitution of Sri Lanka.
The petition filed by Mr. Vidanage, already taken up by court, states that the inaction/ action of the Respondents cited in the petition, constitutes Executive and Administrative action.
This was based on alleged violations of FR to equality, equal protection to Law, and the freedom to engage in a lawful occupation and business.
The AG's Department has declined to appear for IGP J ayasundara and DIG Dassanayake.
Mr. Kodituwakku's petition is to be filed within the course of next week.