Former President Maithripala Sirisena, Hemasiri Fernando, Pujith Jayasundara, Sisira Mendis, and Nilantha Jayawardena, who were found fault for violating the fundamental rights of petitioners in many FR matters filed against them, are now compelled by law to pay compensation to the petitioners.
In default, their properties, assets, and all other income could be frozen, says senior lawyer Gamini Perera.
They were found faulty for dereliction and failure to prevent the Easter Sunday attacks considering different levels of their responsibility.
Accordingly, he stated that the five respondents do not have any leeway not to pay the compensation that was ordered by the Supreme Court for neglecting their duties and constitutional responsibilities.
He is also the petitioner who filed the first fundamental rights petition against the political authority that held state power at that time and the heads of the security forces, including the Inspector General of Police, who failed to prevent the Easter attack despite receiving proper intelligence information.
This order is historical and one of the greatest judgments delivered in the annals of the judiciary in this country regarding FR violations. There is no other higher court that can hear an appeal against the unanimous verdict given by a seven-member bench headed by the Chief Justice.
The respondents must pay compensation within the six-month period stipulated by the court. The court has already ordered the Attorney General to credit this money to a proper fund and report the facts to the court. Therefore, the Attorney General is under an obligation to fulfill that directive. If not, we may be compelled to complain about it to the court.
Violation of a court order amounts to contempt of court. On that basis, the court can take legal action against the five defendants. You can also order to collect the money as a fine. Affidavits can be called by the petitioners, and the respondents’ assets, salaries, and other valuables can be frozen. You can also order to collect the money as a fine. They are liable for jail terms for failure on their part to pay compensation.
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