COLOMBO: The Court of Appeal on Thursday (October 1) dismissed, without taking it up for hearing, a writ petition filed by former President Gotabaya Rajapaksa seeking an order preventing his arrest and detention under the Prevention of Terrorism Act (PTA) in connection with investigations into the 2019 Easter Sunday attacks.
The order was delivered by a two-judge bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Sarath Dissanayake after considering submissions made on behalf of the petitioner and the respondents. The court declined to exercise its writ jurisdiction, refused to issue notice on the respondents and dismissed the petition at the preliminary stage.
Rajapaksa had sought an order preventing the Criminal Investigation Department (CID) from arresting him or detaining him under the PTA. He had also sought interim protection from arrest while the court considered the petition.
President's Counsel Romesh de Silva, appearing for Rajapaksa, sought permission to lodge an appeal against the order. The matter will be called again on October 9 at 1.30 p.m. for submissions on that application.
The petition, filed in June through Attorney-at-Law Sanath Wijewardena, named as respondents Inspector General of Police Priyantha Weerasooriya, CID Director Shani Abeysekara, Madhawa Gunawardena, the Officer-in-Charge of the CID unit conducting the investigation, and the Attorney General.
The petition was taken up on several dates between June and August. In July, Deputy Solicitor General Suharshi Herath, appearing for the respondents, told the court that the relief sought involved matters relating to fundamental rights, which fall within the jurisdiction of the Supreme Court, and asked that the petition be referred there. The court concluded hearing submissions on August 3 and fixed September 22 to deliver its decision on whether the petition should proceed to a hearing. The order was delivered on October 1.
Rajapaksa filed the petition shortly after the Colombo Fort Magistrate's Court imposed an overseas travel ban on him in connection with the same investigation, on a request made by the CID.
The CID investigation into the attacks gained momentum after the arrest earlier this year of former State Intelligence Service Director Major General (Retd.) Suresh Sallay. Prosecutors have alleged in court that Sallay was the mastermind behind the bombings. Sallay denies the allegation.
The coordinated suicide bombings on April 21, 2019 targeted three churches and three hotels in Colombo, Negombo and Batticaloa and killed more than 260 people. Rajapaksa was elected President in November 2019, seven months after the attacks, and resigned in July 2022 following mass protests over the economic crisis. His administration faced sustained criticism, including from the Catholic Church, over its handling of investigations into the bombings.
The dismissal of the petition does not amount to a finding of criminal liability against Rajapaksa.
