Two Supreme Court judges have recused themselves from hearing an appeal filed relating to former Navy Commander Admiral of the Fleet Wasantha Karannagoda.
When the matter came before a Supreme Court three-judge bench, Justice A.H.M.D. Nawaz and Justice Priyantha Fernando announced that they would refrain from hearing this matter. Justice Nawaz informed that he would refrain from hearing this matter since he was a member of the bench relating to the original writ application, while he was serving as a judge in the Court of Appeal.
This matter was called before the Supreme Court three-judge-bench comprising Justices A.H.M.D. Nawaz, Janak de Silva and Priyantha Fernando. The appeal was fixed for hearing on September 15.
The parents of the youths who went missing in 2008 filed this appeal challenging the decision of the Attorney General to withdraw the indictment filed against Admiral of the Fleet Wasantha Karannagoda.
On November 10, 2021, the Court of Appeal decided to dismiss the writ petition filed by several parents who sought an order quashing the decision of the Attorney General to withdraw the indictment filed against Admiral of the Fleet Wasantha Karannagoda.
The petitioners state that five persons including Rajiv Naganathan, Vishwanathan Pradeep, Mohammed Dilan and Mohammed Sajith went missing on or around 17th September 2008.
They state that the Court of Appeal has failed to give sufficient weightage to the arbitrary violations of right to life of the petitioners’ sons who were subjected to an extrajudicial execution, and the State’s duty to duly and adequately investigate into the disappearance and execution of their sons in a thorough and effective manner, to bring to justice those responsible for the disappearances.
Counsel Pulasthi Hewamanne with Achala Seneviratne appeared for the appellants.