Key findings on Supreme Court ruling on Easter Attacks against Sirisena, Pujith & Co.

COLOMBO (News 1st) - Sri Lanka's Supreme Court on Thursday (12) found Former President Maithripala Sirisena, his Defence Secretary, the Police Chief during his time, as well as the then Chief of National Intelligence, and Director of State Intelligence guilty of violating fundamental right.

11 Fundamental Rights petitions were filed with the Supreme Court, claiming that the Sri Lankan administration failed to prevent the 2019 Easter Sunday Attacks, despite having information about an imminent attack.

The applications contain revelations of reckless failure on the part of the Executive Branch of the government and the Petitioners allege that these illegal omissions effectively betray the people and public trust by recklessly failing to take cognizance and accord due priority to intelligence information received regarding the premeditation of the attacks which could have been prevented if proactive and timely response had been taken.

The respondents named in the petitions are Former President Maithripala Sirisena, Former Defence Secretary Hemasiri Fernando, Former Police Chief Pujith Jayasundara, Former National Intelligence Service Chief Sisira Mendis, and Former State Intelligence Services Chief Nilantha Jayawardena.

Maithripala Sirisena:

The Supreme Court observed that multiple gazettes bestowed 23 duties on the President as a Minister of Defence, thus an increase of duties vested in the Minister.

The Supreme Court observed that an exponential range of powers over security continued to be bestowed on Minister of Defence as the years rolled by and it cannot be gainsaid that the Minister of Defence was the repository of the national security of the country. 

The Supreme Court noted that the custody of personal liberty and security of the nation were enshrined in this long list of duties and functions and bestowed in the hands of the Minister of Defence.

Court noted that when Maithripala Sirisena, the former President contends in his affidavit that only the IGP and the Secretary, Defence are bound to report to him and not the Director, SIS, it goes against the constitutional grain.

The Supreme Court held that that Nilantha Jayawardena was under an obligation to report to the Minister of Defence who was the President of the country. 

It also noted that the Former President had been remiss in this duty of keeping abreast of the latest information on Zahran and his associates. 

As for the President it is his obligation to have had a constant vigil over his ministerial functions, as National Security was his portfolio and he should have exercised his supervision over his Departmental Heads regardless of personal predilections for particular officers.

The Supreme Court noted that under the presidency of the former President Sirisena the NSC meetings were sporadic and not regular, and a notorious misappreciation of the duties and functions of the Minister of Defence has led to an appalling lack of appreciation of the importance of the National Security Council.

According to the court ruling despite the 1999 Gazette which provided for the Constitution of the NSC, the attendance at the NSC had been determined solely by the President with no reasons given for the exclusion of key members who should have been an indispensable part of security and intelligence briefings such as the Prime Minister, State Minister for Defence and the IGP. There was extensive submission that the Prime Minister was kept out of the NSC and was not provided with any information. 

The Supreme Court said that it was obligatory for then-President Sirisean to convene the National Security Council even after the discovery weapons and ammunition in Wanathawilluwa.

This dismal failure on the part of the former President Sirisena resulted in disastrous consequences for this country and not only lives were lost and properties destroyed but inter racial tension and inter-ethnic hatred began to raise their ugly heads causing the very fabric of this nation to be broken and become fragile. 

The Supreme Court also concluded that conclude that former President Sirisena has been lax in affording the protection and guarantees enjoined under the Constitution and other laws and he has breached his duty to protect.

Nilantha Jayawardena: 

The Supreme Court of Sri Lanka had noted that Nilantha Jayawardena Senior Deputy Inspector General of Police, the then Director of State Intelligence Service had received information from a highly delicate source via WhatsApp on the 4th of April 2019, to the effect that the National Thawheeth Jama’ath (NTJ) leader and his associates were planning to carry out a suicide terror attack on important churches, and they have conducted a reconnaissance of the Indian High Commission.

Jayawardena had told the court that immediate action was taken by him to instruct responsible officers to transform the above information into intelligence in order to establish the true identities of persons.

However, the Supreme Court had said it strange as to why the true identities of persons have to be established as the identities of these extremist elements had long been established. 

Nilantha Jayawardena cannot put forward a facile argument that the intelligence received on 04.04.2019 was nothing more than mere information.

The Court also said that Nilantha Jayawardena, and then IGP Pujith Jayasundara were both aware of the potential threats by Zahran, his cohorts and the NTJ long prior to the Easter Sunday attacks.

Even the Secretary, Defence cannot plead ignorance of the radicalization of Zahran and his complicit partners as he had continued to receive reports regarding this from November 2018. 

Court said that  it cannot be accepted that Nilantha Jayawardena needed time to transform the so-called information into intelligence.

The Supreme Court said that Easter Sunday was just a few weeks away when the heads-up about the imminent attack came from India, but there was little alertness or perceptiveness shown by officials to carry out any measures to safeguard any of the churches in the country.

Court noted that Nilantha Jayawardena committed unpardonable lapses quite unbecoming of a super sleuth who should be heading such a powerful department under the Ministry of Defence. 

The Supreme Court also notes that it was the duty of the IGP, as the head of the police to have taken steps to keep his subordinates acquainted. 

Pujith Jayasundara

The Court noted that the IGP should have shared the intelligence information received with senior DIGs and other relevant parties in the police service. One conspicuous failure is to inform the DIG, Eastern Province, of the intelligence information received having regard to the fact that there was a dry run on 16th April 2019 in the Eastern Province namely in Palmunai, Kattankudy. 

This failure to notify his men in the provinces is quite a flagrant violation of his police duties and we take the view that the IGP as the head of the police service should have taken all  necessary steps to keep the police and also the political leadership informed. The IGP also had ample opportunities to do this. 

The Supreme Court also observed that Former Police Chief Pujith Jayasundara had a total lack of attention as the IGP the reports produced to him regarding the activities of the NTJ, and Zaharan Hashim.

Hemasiri Fernando:

Further, the Supreme Court noted that there had been a flagrant dereliction of the duty on the part of the then-Secretary of Defence, when considering the facts presented to the court.

Sisira Mendis:

Court also noted that Chief of National Intelligence Sisira Mendis failed in his duties by turning a blind eye to the onerous responsibilities attendant upon his office. 

Summary of Orders

1) A Victim Fund must be established at the Office for Reparation, which must formulate a scheme to award the sums ordered as compensation in a fair and equitable manner to the victims and families.

2) The former President, Mathripala Sirisena is ordered to pay a sum of Rs 100 million as compensation.

3) The former IGP Pujith Jayasundera and the former Director, SIS Nilantha Jayawardena are directed to pay Rs 75 million each as compensation.

4) The former Secretary, Defence Hemasiri Fernando is ordered to pay Rs 50 million as compensation.

5) The former CNI Sisira Mendis is directed to pay Rs 10 million as compensation.

6) The State is ordered to pay Rs 1 million as compensation. 

The State and the individual respondents named above must make their payment of compensation to the victim fund maintained at the Office for Reparation. Respondents are directed to pay the aforesaid sums out of their personal funds.

 7) The Office for Reparation must also investigate the alleged underpayment and nonpayment with regard to the cabinet decision taken to compensate the victims.

 8) We also direct the Office for Reparations to invite any generous benefactors and donors to contribute towards the Victim Fund, by way of notifications in the media.

 9) A progress report on the scheme of payment and the details about payments made by the above respondents and any benefactors must be made available to this Court within 6 months from today.

10) The Attorney General is directed to coordinate and liaise with the Office for Reparation in giving effect to this order.

11) In view of the observations we have already made as regards the conduct of Director, SIS, we direct that the State take appropriate disciplinary action forthwith against the former Director, SIS Nilantha Jayawardena for his aforesaid lapses and failures.