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Friday 16 November 2018
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Case on Missing in 1996 – Is the Government taking responsibility by AG department appearing for Accused, AAL Guruparan queries

Case on Missing in 1996 – Is the Government taking responsibility by AG department appearing for Accused, AAL Guruparan queries

Attorney At Law Kumaravel Guruparan raised a query in open court as to whether the Sri Lankan Government taking the responsibility of the disappearance of persons who were forced to disappear , by the Attorney General Department appearing for the Major General accused in the Navatkuly Disappearance case. He also pointed out that whenever Fundamental Rights cases of people who had undergone torture are filed in High Courts, the AG Department does not appear for the accused.

As the AG Department is appearing for the accused in this case, does the Government pledge responsibility he asked. If the responsibility pledge is for an individual, how could AG’s Department which operates on the tax revenue from the public, appear this Major General who could have committed a crime. This query was raised in a Writ of Mandamus filed on behalf of three persons who went missing in Navatkuli area in case. AALs, Subagini and Guruparan appeared for the plaintiffs.

The State Counsel  Nagaratnam Nishanth informed court that he is appearing for the 1st Accused , former Officer in charge of Navatkuli Army Camp, Major General Thumintha Kepitikelana, 2nd Accused , current Army Commander, Mahesh Senanayake, and  the AG ( in official capacity). There upon the plaintiffs counsels objected the AG department appearing for the accused. The Judge M.Ilancheliyan had ordered the Plaintiff and defense Counsels to submit their arguments in written form.

It is notable that the first accused was promoted as a Major General after the case being filed and currently serving as the Commander of the 66 Division in Mannar and the second accused had been promoted as the Commander of the Sri Lankan Army.


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