A petition has been submitted to the Court of Appeal seeking a writ to invalidate instructions from the Attorney General instructing the Criminal Investigation Department (CID) to close proceedings related to the death of 11 prisoners during the Mahara Prison clashes n 2020.

The petition was filed by the wife of Sampath Pushpa Kumara, one of the prisoners killed in the incident.

The Attorney General, the Director of the CID, and the Welisara Magistrate have been named as respondents. According to the petitioner, on 29 November 2020, 11 prisoners were killed during shootings that occurred amidst clashes inside Mahara Prison. Following the autopsy, the deaths were ruled as “crimes,” and the Welisara Magistrate’s Court ordered the CID to arrest and present the suspects involved.

However, on 30 August, the Attorney General sent a letter to the CID Director instructing the closure of the case and related files.

The petition claims that while prison authorities stated that minimum force was used to control the clashes, the nature of the gunshot wounds on the deceased indicates otherwise. The magistrate reportedly noted in the post-mortem verdict that the prisoners had not been treated humanely.

The petitioner argues that under Section 396 of the Code of Criminal Procedure, the Attorney General has the authority to make decisions regarding the continuation of a case, even after non-trial proceedings are completed. However, in this instance, the Attorney General’s decision to close the case before a trial was initiated is allegedly unlawful.

The petition further asserts that the decision undermines the Attorney General’s constitutional duty to uphold the rule of law and constitutes a dereliction of responsibility.

The petitioner has therefore requested the Court of Appeal to issue a writ invalidating the Attorney General’s letter directing the closure of the proceedings and issue a writ compelling the CID and the Attorney General to resume investigations into the deaths of the Mahara Prison inmates.