The Court of Appeal on Monday decided to dismiss a petition filed in connection with the death of 27 inmates in the Welikada Prison in 2012 since an investigation has already been initiated by the Criminal Investigations Department (CID) of police.
The Bench comprising President of the Appellate Court Justice Preethi Padman Surasena and Justice Shiran Gunaratne gave this order when the petition filed by Convener of the Movement for the Protection of Prisoners Sudesh Nandimala de Silva was taken up for consideration.
The Petitioner in his petition has requested the court to issue a writ order to the Inspector General of Police (IGP) to conduct a full investigation into the killing of the Welikada inmates.
The deadly riot at the country’s largest and most crowded prison on November 9th, 2012 was of an enormous magnitude resulting in deaths of 27 inmates, and injuries to a prison officer and 20 prisoners.
When the petition was called today, the State Counsel informed the court that the CID has already started investigations and informed the Colombo Magistrate’s Court.
President of the Court of Appeal Judge Preethi Padman Surasena addressing the counsel for the petitioner said the request sought by the petitioner had already been fulfilled and it is appropriate for the petitioner to withdraw his petition.
In response, the petitioner’s lawyer informed the court that the petitioner had not advised him to withdraw the petition.
However, the Court of Appeal stated that as a result of the ongoing investigation into the incident the court decides to reject the petition.