Bar Association Challenges Magistrate Order On Controversial Pasyala Killing

September 04, 2014

The public interest litigation committee of Bar Association of Sri Lanka had filed a revision application before Court of Appeal challenging the Attanagalla Magistrate’s order to release the police constable on bail after he was arrested in connection with the shooting of a youth in Pasyala recently.

The revision application was supported by Court of Appeal justice A.W.A. Salam and the respondents were noticed to appear before Court on September 17.

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In this revision application, the BASL’s public interest litigation committee appearing for the aggrieved petitioner Maheshika Madhubhashani of Mirigama the wife of the deceased person has named the police Constable W.D.J. Welagedara who was a suspect in connection with the shooting incident, C.E. Widisinghe the ASP of Kelaniya Police Division who conducted investigations into the incident and the Attorney General as respondents.

The petitioner stated that the Attanagalla Magistrate had erred and misdirected herself in law and acted excess of jurisdiction by releasing the first respondent on bail of Rs.5000 cash bail with two sureties.

The petitioner also said that the order of the Magistrate was illegal, wrongful and contrary to law and unreasonable for anyone. Finally the petitioner had prayed to quash the impugned order made by the Magistrate on June 17 this year.

The victim Subash Indika Jayasinghe of Mirigama, a 23-year-old youth was killed in an alleged police shooting on June 11. He died after police opened fire at a motorcycle that failed to heed police orders. Police Constable Welagedara attached to the Nittambuwa police station was ordered to be released on a cash bail of Rs.5,000 and two sureties of Rs.100,000 after being produced before Attanagalla Additional Magistrate Kavindya Nanayakkara on June 17.