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Bharatiya Pura abduction and mass murder : CA restrains HC proceedings

by Kumar Wethasinghe

The Court of Appeal yesterday issued a stay order restraining the High Court of Trincomalee from proceeding with the trial against 13 service personnel in connection with the Bharatiya Pura abduction and mass murder.

The Bench comprised Justices Nihal Jayasinghe (President of the Court of Appeal) and K. Siripavan.

The petitioner servicemen were namely T. L. Somaratne, T. M. Maurasena, G. Q. T. Bandara, R. R. S. Bandara Medaweka, P. Jayaratne, H. K. Ramyasiri, W. M. B. Samarasinghe, S. M. A. Sisira Kumara, K. M. C. Wije Bandara, K. M. P. Korale, R. M. R. Bandara, K. K. G. Bandara and K. K. Dayaratne Banda.

The petitioners had the OIC Special Investigation Unit (2) CID as the main respondent.

Through their Attorney K. Patabendige, the petitioner submitted that the OIC Kantale on 24.12.1997 conducted a raid and arrested the suspects with weapons and firearms.

The petitioners further pleaded that resulting clamour and outcry and threats they feared justice would not be meted out to them if the trial was conducted against them in the same region.

They also submitted that terrorist have already murdered the 13th petitioner and the brother of the 12th petitioner through misidentity.

They further pleaded for interim relief staying the proceedings against them before the High Court of Trincomalee.

Among other matters they sought the case be transferred to another court either Kurunegala or Anuradhapura under the provisions laid in Section 46 of the Judicature Act 2 of 1978.

Accordingly the court issued a stay order restraining the Trincomalee HC from proceeding with the trial until the final determination of this application.

Hemantha Situge supported the application. 

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Copyright 2001 The Associated Newspapers of Ceylon Ltd.
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