The Supreme Court today (19) informed the petitioner’s counsel to re-issue notices to former President Gotabaya Rajapaksa over the kidnapping of two human rights activists Lalith Weeraraj and Kugan Muruganandan in 2011.

A fresh petition has been filed requesting to annul the Court of Appeal’s decision that former President Rajapaksa cannot be called to testify in the trial before the Jaffna Magistrate’s Court. It was taken up before the Supreme Court Judge-bench comprising of Justices Gamini Amarasekara, Yasantha Kodagoda and A. H. M. D. Nawaz. 

Mr. Nuwan Bopage, the counsel who appeared for the petitioners, presented the facts in the court and informed that a notice has been sent to Mr. Rajapaksa, who is named as a respondent in the petition.

However, no lawyer appeared for Mr. Rajapaksa.

Accordingly, the Supreme Court informed the counsel of the petitioner to issue a notice to Mr. Rajapaksa again and ordered that the petition be called on December 15th.

The Jaffna Magistrate’s Court issued a notice to Mr. Rajapaksa, to appear on September 27, 2019 to testify in connection with a habeas corpus complaint filed by the relatives of Mr.Weeraraj and Mr. Muruganandan over their disappearance on December 10, 2011. Mr. Rajapaksa was the Defence Secretary in 2011. 

Mr.  Rajapaksa filed a motion in the Court of Appeal requesting an order suspending the Jaffna Magistrate’s decision citing that he could not visit the Jaffna Magistrate’s Court and give evidence due to threats to his life. 

The Appeal Court which heard the case at that time ruled that Mr. Rajapaksa could not be summoned to testify since he had been elected the President.

The appeal petition has been submitted to the Supreme Court by the relatives of the disappeared requesting that the decision of the Court of Appeal is against the law. They said that Mr. Rajapaksa has now relinquished the office as the President and therefore sought an order directing him to testify.