A writ petition filed by Janatha Vimukthi Peramuna (JVP) Parliamentarian Vijitha Herath seeking an order to institute legal proceedings against LTTE's former Leader of International Wing Shanmugam Kumaran Pathmanathan alias KP was dismissed by Court of Appeal.
While refusing to issue notices on the respondents, Court of Appeal (President) L.T.B. Dehideniya and Justice Shiran Gunaratne decided to dismiss the writ petition citing that there is no legal basis to proceed with the petition.
The Attorney General had earlier informed Court that the Terrorist Investigations Division (TID) has commenced a comprehensive investigation against KP under three Acts including Prevention of Terrorism Act, Penal Code and Convention on the Suppression of Terrorist Financing Act over his alleged terrorist involvements.
In his petition, JVP MP Vijitha Herath sought an order for KP’s arrest and the institution of legal proceedings against KP who was appointed LTTE leader in 2009.
The Court was informed that there are about 193 serious allegations against KP in the writ petition including arms procurement and money laundering charges.
The Court of Appeal had asked the AG to announce what kind of legal action had been taken against former LTTE arms procurer.
The Police Chief, the Defence Secretary, the Controller of Immigration and Emigration, the Army Commander, the Kilinochchi Security Forces Commander, the TID Director, the Attorney General and Kumaran Pathmanathan were cited as respondents.
The petitioner sought an interim order directing the Controller of Immigration and Emigration to prevent KP from leaving the country until the final determination of this application.
Herath said KP also known as Kutti Master was the chief international arms procurer for the Tamil Tigers and was appointed as the head of the LTTE by its elusive leader Velupillai Prabhakaran just before he was killed by army troops in 2009.
He said India’s Central Bureau of Investigations (CIB) had named KP as a key suspect in the assassination of Rajiv Gandhi by a Sri Lankan Tamil suicide bomber during an election rally in Tamil Nadu.
Mr. Herath said KP was responsible for equipping the LTTE with modern-day arsenal which enabled them to challenge the Sri Lankan military and to fight an intensive war.
He said he had learnt that KP was operating a social service organisation – the North East Rehabilitation and Development Organisation (NERDO) and the Sencholai Children’s Home while being under protection of the Sri Lankan Army.
Herath said in terms of the information provided to the public by the Sri Lankan Government, KP has committed offences under the Prevention of Terrorism Act, the Penal Code, Prevention of Money Laundering Act and Emigrants and Immigrants Ordinance.
Additional Solicitor General Priyantha Nawana PC appeared on behalf of the Attorney General. Senior Counsel Upul Kumarapperuma with counsel Sunil Watagala appeared for the petitioner.
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