Petitioner withdraws FR against Muralitharan : SC dismisses petition | Daily News

Petitioner withdraws FR against Muralitharan : SC dismisses petition

A Fundamental Rights petition filed seeking an order directing the police to take legal action against former LTTE group leader Vinayagamoorthy Muralitharan alias Karuna Amman over offensive remarks he made at public meeting was yesterday dismissed by the Supreme Court. This was following the petitioner’s decision to withdraw the application.

At a public meeting held in Ampara last year, Karuna Amman had allegedly stated that he is more dangerous than COVID-19 since he killed 2,000 to 3,000 Sri Lankan soldiers in one night at Elephant Pass and more thousands in Kilinochchi.

The Supreme Court three-judge-bench comprising Justice L.T.B.Dehideniya, Justice Murdu Fernando and Justice Achala Wengappuli made this order following the petitioner’s decision not proceed with the petition. Counsel Yalith Wijesurendra appearing for B. Kalahepathirana informed court that his client does not expect to proceed with this petition since police have already filed a B report against Muralitharan under instructions of the IGP.

The Supreme Court therefore refused to grant leave to proceed with the petition.The petition was dismissed accordingly. This petition had been filed by B. Kalahepathirana, a teacher naming the Attorney General,V. Muralitharan and the IGP as respondents. The petitioner stated that the “hate speech” made by Karuna Amman, was punishable and could be prosecuted for committing an offence under Section 3 of the International Covenant on Civil and Political Rights (ICCPR) Act.

The petitioner stated that this statement can be considered as a ‘confession’ and a ‘boast’ about the gruesome crimes committed by Karuna Amman during the time he was a Colonel and the head of the Eastern Province of LTTE.

The petitioner stated that many former LTTE members have been indicted for committing such crimes under the Penal Code and the Prevention of Terrorism Act and after trial have been found guilty and punished by the Courts of Law in Sri Lanka.

The petitioner is seeking a declaration that the government has violated the Fundamental Rights of the petitioner guaranteed under Article 12(1) of the constitution by not arresting and not taking necessary legal steps against Karuna Amman, the leader of Tamil United Freedom Front.

The petitioner stated that under Article 12(1) all persons are equal before the law and are entitled to equal protection of the law. Counsel Yalith Wijesurendra appeared for the petitioner. Senior Deputy Solicitor General Haripriya Jayasundara appeared for the Attorney General.