By A.J.A. Abeynayake
A petition has been filed in the Court of Appeal seeking to quash a letter issued by the Attorney General to the CID instructing the latter to close the investigation into the deaths of 11 prisoners during a violent clash at Mahara Prison in November 2020.
The petition was filed by Menuwara Gedara Lasanthi, the wife of Sampath Pushpakumara, one of the prisoners who died in the clash.
In her petition, Lasanthi has named the Attorney General, the Director of the CID, and the Magistrate of Welisara as respondents.
The petition claims that the tragic incident on Nov 29, 2020 resulted in the deaths of 11 prisoners after gunshots were fired during a confrontation at Mahara Prison. Following a post-mortem inquiry, the Welisara Magistrate’s Court classified the deaths as criminal and ordered the CID to arrest the suspects and present them in court.
However, the petitioner alleges that the Attorney General has sent a letter to the CID instructing them to close the investigation and file the case, effectively halting any further legal proceedings. The petitioner argues that, despite claims from prison authorities that minimum force was used to control the incident, the wounds sustained by the deceased prisoners from gunfire indicate that humane methods were not employed to manage the unrest. This, according to the Magistrate’s ruling, suggests that the situation was mishandled.
The petition further challenges the Attorney General’s decision to close the case prior to the completion of the non-summary inquiry, which the petitioner claims violates legal procedures. According to the Criminal Procedure Code, the Attorney General has the authority to make decisions regarding ongoing cases, but the petition argues that such a decision should only be made after all relevant legal processes have been completed.
The petitioner has requested that the Court of Appeal issue a writ order to nullify the Attorney General’s instruction to close the investigation, asserting that this decision undermines the Attorney General’s responsibility to uphold legal authority. Additionally, the petitioner is seeking a writ of mandamus directing the CID and the Attorney General to resume the investigation into the deaths of the prisoners involved in the Mahara prison riot.
