The Court of Appeal today rejected the petition filed seeking the arrest of former deputy minister Vinayagamoorthy Muralitharan alias Karuna Amman, over his recent controversial statement on the killing of Sri Lankan army soldiers.
The decision was delivered by a judge bench comprising President of Court of Appeal Justice A.H.M.D Nawaz and Sobitha Rajakaruna.
The President of the Appeals Court pointed out that it had been reported by the media recently that the Elections Commission had informed the Acting IGP not to summon candidates contesting the upcoming general election for investigations.
He further said that it is evident that police investigations pertaining to the incident in question are at the preliminary stages and therefore they found no reason to continue with the petition.
The fundamental rights petition was filed on June 25 requesting the Supreme Court to issue a directive to the Acting IGP to arrest the one time LTTE commander and to enforce the law.
The FR petition had been filed by Kaduwela Municipal Council member and tuition class teacher Boseth Kalahepathirana.
The Attorney General Dappula De Livera, the Acting IGP C.D. Wickramaratne and the Leader of the Tamil United Freedom Front (TUFF) Vinayagamoorthy Muralitharan had been named as respondents in the petition.
The petition had states that during a public meeting held in Digamadulla on June 19, former LTTE leader turned politician Karuna Amman had openly claimed that he is more dangerous than COVID-19 and also that he has killed 2,000 to 3,000 Sri Lankan soldiers in one night at Elephant Pass.
The petitioner states that through this statement Karuna Ammanhas committed offenses under Articles 293 and 294 of the Penal Code as well as the Prevention of Terrorism Act (PTA) and the International Covenant on Civil and Political Rights (ICCPR) Act.
The petitioner further states that according to Section 17(1) of the Evidence Ordinance, this is an acceptance and a confession to a crime.
However, the Appeals Court today decided to reject the FR petition without taking it up for hearing.
