கே.பி யை கைது செய்யக்கோரும் மனு ஏற்றுக்கொள்ளப்பட்டது. 26ல் விசாரணை! (மனுவின் பிரதி இணைக்கப்பட்டுள்ளது.)

புலிகள் அமைப்பிற்கு ஆயுதங்களை விநியோகம் செய்து வந்தவரும் புலிகளின் தலைவர் கொல்லப்பட்டபின்னர் அவ்வமைப்பின் தலைவர் என அறிவிக்கப்பட்டவருமான குமரன் பத்தநாதனை கைது செய்து உரியமுறையில் விசாரணைகளை மேற்கொண்டு நீதிமன்றின் முன் நிறுத்த உத்தரவிடவேண்டும் என இன்று ஜேவிபி யின் பாராளுமன்ற உறுப்பினரும் அக்கட்சியின் பிரச்சாரச் செயலாளருமான விஜித ஹேரத் அவர்கள் தாக்கல் செய்த மனு ஏற்றுக்கொள்ளப்பட்டுள்ளதுடன் அதன் மீதான விசாரணை எதிர்வரும் திங்கட் கிழமை 26.01.2015 இடம் பெறும் என மன்று அறிவித்துள்ளது.

மனுவில் பொலிஸ் மா அதிபர், இராணுவத்தளபதி, வன்னி மாவட்ட இராணுவ கட்டளைத்தளபதி, பாதுகாப்பு அமைச்சின் செயலாளர் , குடிவரவு குடியகல்வு திணைக்கள தலைவர் உட்பட எண்மர் பிரதிவாதிகளாக குறிப்பிடப்பட்டுள்ளனர்.

சட்டவிரோத நிதிபரிமாற்றம், போதைப்பொருள் கடத்தல், 17 போலிப் கடவுச்சீட்டுக்களை பயன்படுத்தியமை , இலங்கை அரசிற்கு எதிராக ஆயுங்களை சேகரித்தமை, ஆட்களை கடத்தியமை , கொன்றமை என 24 மேற்பட்ட குற்றச்சாட்டுக்கள் சுமத்தப்பட்டுள்ளது.

இலங்கை சனநாயக சோசலிச குடியரசின் பிரஜைகள் சார்பாகவும் தான் சார்பாகவும் இவ்வழக்கினை தாக்கல் செய்துள்ள பா.உ விஜித ஹேரத் அவர்கள் வழக்கினை தாக்கல் செய்த பின்னர் நீதிமன்ற வளாகத்தில் ஊடகங்களுக்கு கருத்துரைக்கையில், வடகிழக்கிலே கே.பி யின் தூண்டுதலால் போருக்கு சென்ற இளைஞர் யுவதிகள் தண்டிக்கப்பட்டுள்ள நிலையில் கே.பி தண்டனைக்கு உட்படுத்தப்படாமை இலங்கையில் சட்டம் யாவருக்கும் சமமானது என்பதை கேள்விக்குறிக்கு உள்ளாக்கியுள்ளது எனத் தெரிவித்துள்ளார். இது மஹிந்த ராஜபச்ச குடும்பத்தினரால் சட்டம் தமக்கு ஏற்றவாறு உதாசீனப்படுத்தப்பட்டமைக்க சிறந்த உதாரணம் என்றும் குறிப்பிட்டுள்ளார்.

கே.பி நாட்டை விட்டு வெளியேறாது தடுக்கும் உத்தரவை குடிவரவு குடியகல்வு திணைக்களத்திற்கு பிறப்பிக்கவேண்டும் எனக்கோரப்பட்டுள்ளது இங்கு குறிப்பிடத்தக்கதாகும்.






IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

In the matter of an application for a mandate in the nature if Writ of mandamus made under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka

Herath Mudiyanselage Vijitha Herath,
No: 464/20, Pannipitiya Road, Pelawatta, Battaramulla

Petitioner
Vs

1. Inspector General of Police, Police Head Quarters, Colombo 01.

2. Secretary to the Ministry of Defence,
Ministry of Defence,
15/5, Baladaksha Mawatha,
Colombo 03.

3. Controller General of Immigration and Emigration.
No.41, Ananda Rajakaruna Mawatha,
Colombo 10.

4. Commander of Army, Army Herad Quarters,
Colombo-03

5. Commander Security Forces Kilinochchi, Security Forces Headquarters, Army Camp, Iranamadu, Kilinochchi

6. Director,
Terrorist Investigation Division, Criminal Investigation Division, New Secretariat, Colombo 01.

7. Hon Attorney General, Department of the Attorney General, Colombo 12.

8. ShanmugamKumaranTharmalinghamaliasTharmalingamShanmuganKumaranaliasKumaranPathmanathanaliasKutti Master aliasKutti Siri - LTTE aliasThambiahSelvarajaaliasKuldiwho was known as “KP”, NERDO Office, Thondaman Nagar Road, KanagambigaiKulam, Kilinochchi.


On this the 19th of January 2015

TO: HIS LORDSHIP THE PRESIDENT AND THE OTHER HONOURABLE JUDGES OF THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.
The Petition of the Petitioner above named appearing by his Attorney-at-Law Mr. Sunil Watagala states as follows;

1. The Petitioner states that he is a Public Spirited Citizen of Sri Lanka.He further states that he is a member of the Parliament of Sri Lanka. The Petitioner states that he is an active member of the Janatha Vimukthi Peramuna (JVP), which is a recognized political party in the country and he represents the Parliament of Sri Lanka since year 2000 upto date. The Petitioner states thathe held the ministerial portfolio of Cultural affairs in the year 2004.

2. The Petitioner states that he contested the 2010 parliamentary election under the Democratic National Alliance (DNA), which is led by former army Commander Sarath Fonsekaand was re-elected to Parliament from Gampaha District.

3. The Petitioner states that he represents several parliament committees including the consultative committee of Public Administration and Home Affairs and National Languages and Social Integration. In the circumstances the Petitioner states that being a representative of the People he has been assigned a duty to ensure the Law and Order to be prevailed of the Country.

4. The Petitioner states that in addition to the aforesaid, being a member of the Parliament he has declared and affirmed to uphold and defend the Constitution of the Democratic Socialist Republic of Sri Lanka and that he would not directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate state within the territory of Sri Lanka. In the circumstances the Petitioner states that he has an inevitable duty to uphold and defend the Constitution of Sri Lanka and to stand against any attempt of establishment of a separate state within the territory of Sri Lanka.

5. The Petitioner files the instant application on his own behalf, on behalf of other citizens of Sri Lanka who have been affected by the matters averred hereto, in the Public Interest and in addition to the aforesaid to discharge his obligations under Article 28(a), 28 (b) and 28(e) of the Constitution respectively to uphold and defend the constitution and the law; to further the national interest and to foster national unity and to respect the rights and freedom of the others. Further, the Petitioner believes with conviction that the Respondents also have a duty to uphold the Constitution and respect the Rule of Law.

6. The 1st Respondent is the overall commander of the Sri Lanka Police Force who is vested with powers to oversee and to make necessary directions to the Police Force in Sri Lanka including the 6th Respondent.The 2nd Respondent is the Secretary to the Ministry of Defence where he is empowered with power to issue necessary directions in order to maintain law and order in the Country.The 3rd Respondent is the Controller General of Immigration and Emigration while the 4th Respondent is the Commander of Army while the 5th Respondent is the Commander of Army of the Northern Range who provides security and protection to the 8th Respondent.The 6thRespondentis the Director of Terrorist Investigation Division of the Criminal Investigation Division who is vested with powers to investigate and take all necessary steps in relation to terrorist activities, the members of terrorist organizations in order to eradicate terrorism while the 7th Respondent is theHonourable Attorney General. The Petitioner further states that no prosecution shall be instituted under the Chapter VI of the Penal Code except by, or with the written sanction of, the Attorney-General.The 8th Respondent is ShanmugamKumaranTharmalinghamalias TharmalingamShanmuganKumaranalias KumaranPathmanathanalias Kutti Master alias Kutti Siri - LTTE alias ThambiahSelvarajaalias Kuldi who was known as “KP” who was appointed as the leader of the LTTE in 2009 which is a proscribed terrorist outfit in 32 Countries including Sri Lanka and India.

7. The Petitioner states that the Liberation Tigers of Tamil Eelam (LTTE) is the only terrorist group which once possessed its own 'Military' – Infantry, Sea wing and Air Wing, in the world, began its armed campaign in Sri Lanka for a separate Tamil homeland since 1976.

8. The Petitioner further states that at the height of its power, the LTTE possessed a well-developed militia and carried out many high-profile attacks, including theassassinations of several high-ranking Sri Lankan and Indian politicians. The Petitioner respectfully states that the LTTE was the only military group assassinated two world leaders, i.e former Indian Prime Minister Rajiv Gandhi in 1991 and Sri Lankan former President Ranasinghe Premadasa in 1993. The Petitioner further states that the LTTE invented suicide belts and pioneered the use of women in suicide attacks and it was the first military group to acquire air power and used light aircrafts for military purposes.

9. The Petitioner states that the LTTE is currently proscribed as a terrorist organization by 32 countries, including Sri Lanka and India. The Petitioner states that Velupillai Prabhakaran headed the said terrorist organization from its inception until his death in 2009 and thereafter the Petitioner came to know the 8th Respondent;ShanmugamKumaranTharmalinghamaliasTharmalingamShanmuganKumaranaliasKumaranPathmanathanaliasKutti Master aliasKutti Siri - LTTE aliasThambiahSelvarajaaliasKuldi who is known as “KP” (Herein after sometimes referred to as the “KP”) and who was the Chief International Arms Procurerfor the Tamil Tigers, was appointed as the head of the Liberation Tigers of Tamil Eelam (LTTE) by its elusive leader Velupillai Prabhakaran just before he was killed by Sri Lankan troops in 2009.

10. The Petitioner states that in terms of the information provided by the Sri Lanka Government to the Country, during the campaign against the LTTE, in January 2009 the 8th Respondent was appointed as the head of the newly created "Department of International Relations" of the LTTE and he had been the LTTE's chief international spokesman during the last phase of the civil war

A true Copy of the document downloaded from the website WWW.tamilnet.com/art.html?artid is marked as P-1 and annexed and pleaded as part and parcel of this Petition.

11. The Petitioner states that the 8th Respondent, as the one of the top LTTE officials and the chief procurer of arms for the organization ran a global network of LTTE offices which were engaged in its weapons procurement, logistics and money laundering operations.

A true Copy of the document downloaded from the website WWW.slnewsonline.net/inside is marked as P-2 and annexed and pleaded as part and parcel of this Petition.

12. The Petitioner states that the world renowned Defence magazine, Jane's Defence Intelligence Review revealed that the LTTE has two international wings namely, "KP" Department and Aiyanna Group, which were engaged in global terrorist activities. According to the magazine the terrorist outfit which was fighting for a mono ethnic homeland for Tamils living in Sri Lanka earns USD 200- 300 million per year through their fund raising activities and numerous illegal activities. The Petitioner further respectfully states that he has learnt that KP department is the oldest international wing of the LTTE.

13. The Petitioner states that aforesaid LTTE wings are operating in a mutually supportive manner with other terrorist organizations such as Al Qaeda, to achieve their objectives. The Petitioner states that he was also alleged to have involved in arms smuggling operations across Asia, Canada, US and the Europe and the heads of aforesaid departments are operating under the direct guidance of the LTTE chief, V. Prabhakaran and its intelligence head Pottu Amman, both on the wanted list of Interpol and respectfully states that the 8th Respondent was not only a threat to the national unity and harmony of Sri Lanka, but also to the universal peace and harmony too.

14. The Petitioner states that in the circumstances the 8th Respondent is one of the most wanted terrorists by the International Police (Interpol) who has been running the global procurement network of the LTTE terrorists. The Petitioner further respectfully states that the Interpol Headquarters in Lyon, France also issued a red notice against the 4thRespondnet, which requests member states to arrest the suspect and hold him for extradition.

A true Copy of the document downloaded from the website WWW.interpol.int is marked as P-2A and annexed and pleaded as part and parcel of this Petition.

15. The Petitioner states that he came to know that an Indian investigation agency namely Central Bureau of Investigations (CBI) wantsthe 8th Respondent over the assassination of former Indian Prime Minister. The Petitioner further states that the CBI regards KP as a key suspect in the assassination of Rajiv Gandhi by a Sri Lankan Tamil suicide bomber during an election rally in the southern Indian state of Tamil Nadu. The Petitioner states further that the 8th Respondent is a wanted suspect of India for Assassination of Rajiv Gandhi, Criminal conspiracy, arms smuggling and for the violation of the Prevention of Terrorism Act 2002 of India and the Explosive Act 1984 of India.

A true Copy of the document downloaded from the website WWW.the hindu.com is marked as P-3 and annexed and pleaded as part and parcel of this Petition.

16. The Petitioner states that Sri Lanka's capability not only to fight terrorism but also to defend herself against the terrorist threats has suffered gravely in several decades and thousands of Sri Lankan civilians and members of the Sri Lanka Defence forces including the Sri Lanka Police were died in the civil war which continued for more than three decades.

17. The Petitioner states that according to the information provided by the Government of Sri Lanka during the campaign against the LTTE and the time of arresting the 8th Respondent, in addition to the leadership the 8th Respondent hold at the war, he is responsible for equipping the rebels with a modern day arsenal which enabled them to challenge the Sri Lankan Military and to fight a high intensity war. The 8th Respondents had procured modern military hardware, paid for them through secret bank accounts, and shipped them to the LTTE using a merchant shipping network operated by the "KP Department", known as the "sea pigeons". The Petitioner states that he has learnt that apart from setting up number of lucrative businesses in Thailand, the 8thRespondent established a state-of-the-art boatyard in the country, which manufactured over a dozen different boats, including mini-submarines and suicide boats.

18. The Petitioner states that according to the information provided by the Government of Sri Lanka to its general public, after the LTTE was defeated by the Sri Lanka Military forces in the battle field the 8th Respondent and several other LTTE members attempted to re- organized their terrorist organization and respectfully states that the 8thRespondent was appointed as the head of the said terrorist organization for the said purpose. The Petitioner however states thatit was announced by the Government of Sri Lanka that "KP"; the 8th Respondent has been arrested in Bangkok by Sri Lankan intelligence agents on or around 5th August, 2009 and brought to Sri Lanka. The Petitioner states that at that time the Government of Sri Lanka has announced that the 8th Respondent was suspected of smuggling arms and drugs, conspiracy, terrorist financing, andattempting to establish a separate state within the territory of Sri Lanka.

A true Copy of the document downloaded from the website http://www.vancouverite.com is marked as P-4 and annexed and pleaded as part and parcel of this Petition.

19. The Petitioner states that the former Secretary to the Ministry of External Affairs Palitha Kohona confirmed the 8th Respondent’s arrest to the National News Papers and former cabinet spokesman, Cabinet minister Keheliya Rambukwella also confirmed and formally announced on behalf of the Government of Sri Lanka, the said arrest. The Petitioner states that the former Secretaryto the Ministry of Defence; Gotabhaya Rajapakse and Basil Rajapakse the presidential adviser also announced and confirmed the arrest to BBC and “Hindustan Times” respectively.

A true Copy of the document downloaded from the websitehttp://www.defence.lk/new.asp?fname=20070911_01is marked as P-5 and annexed and pleaded as part and parcel of this petition.

20. The Petitioner respectfully states however the government of Sri Lanka has failed to announce that the mode of detention of the 8th Respondent and the 8th Respondent was neither surrendered to the judicial custody upto date. The Petitioner states that even though the leader of his Political Party Mr. Anura Kumara Dissanayke questioned in the Parliament on this behalf, neither the Government Whip nor any other member provided a satisfactory answer.

21. The Petitioner states that in the meantime he heard that the 8th Respondent was released on October 17, 2012. The Petitioner respectfully states that Sri Lankan government refuted media reports that the senior most surviving Tamil Tiger leader, Kumaran Pathmanathan (the 8th Respondent) has been released, but stated that the 8th Respondent who is under special protection was permitted to engage in his social welfare work purportedly and has not been released as claimed by media, Director General of the Media Centre for National Security Lakshman Hulugalle was quoted as saying by the Government Information Department. The Petitioner states that the former Director General of the Media Centre for National Security Lakshman Hulugalle categorically stated that practically, there was no detention of the 8th Respondent.

22. The Petitioner states that he came to know that the 8th Respondent is currently living in Kilinochchi and states that according to the media that the 8th Respondent, who was arrested in August 2009, was released by the State Authorities as a ‘free man’ and at the moment he is no longer in detention.

23. The Petitioner states that Lakshman Hulugalle, then Director General of the Media Centre for National Security had stated that he was free to carry out work for a charity and the government intends to utilize the services of a non-governmental organization (NGO) headed by former LTTE Chief Arms Procurer; the 8th Respondent, for development activities in the North. The Petitioner states that according to Lakshman Hulugalle that no NGO can operate in the Northern Province without the approval of the Presidential Task Force, and that the organization headed by the 8th Respondent, has received its consent.

A true Copies of the documents downloaded from the websitehttp://adaderana.lk/news.php?nid=20112 and www.bbc.com/news are marked as P-6A, P-6B and P-6C and annexed and pleaded as part and parcel of this petition.


24. The Petitioner states that he learnt that KP was purportedly running a social service organization North East Rehabilitation and Development Organization (NERDO) and the Sencholai Children’s Home while being under protection of the Sri Lanka Army.


25. The Petitioner states that

a) theUnited Nations has estimated that up to 100,000 people (combatants and civilians) may have been killed during the 26 years of fighting.The civil war has caused significant harm to the population and economy of the country, as well as leading to the ban of the LTTE as a terrorist organization in 32 countries including the United States, Australia, the countries of the European Union and Canada.

b) More than 23 327 Sri Lankan army Military and police and approximately 1200 Indian Peace Keeping Forces were killed and more than 60,000Sri Lankan army Military and police were wounded during the Civil War.

In the circumstances the Petitioner states that the KP was the main fund raiser and the arms procurer to the LTTE and thus the Petitioner states that KP is responsible for the aforesaid each and every assassination and destruction either directly or indirectly.

A copy of the List of Assassination during the civil war downloaded from thewebsitehttp://en.wikipedia.org/wiki/List_of_assassinations_of_the_Sri_Lankan_Civil_Waris marked as P-7 and annexed and pleaded as part and parcel of this Petition.

26. The Petitioner states that he learnt that when the media posed the question how it was that a senior terrorist leader was free while many far more junior ones were facing legal action, military spokesman Brigadier Ruwan Wanigasuriya has said that because there were no legal complaints against Kumaran Pathmanthan, there was no need to charge him. The Petitioner respectfully states that this position is totally false where the Respondents themselves have initially said that KP is the current leader of the LTTE and he is responsible for the civil war of the country.

27. The Petitioner states that even though the government of Sri Lanka itself announced that the all or at least considerable amount of asset of the LTTE is vested in the 8th Respondent the state has failed to disclose the general public of the nature of the said assets and the wealth and the funds of the 8th Respondent.

28. The Petitioner states that in terms of the informations provided by the Government of Sri Lanka to the nation the 8th Respondent has committed inter alia the following offences, that he can be indicted in terms of the Prevention of Terrorist Act No of 1979, Chapter VI and VII of the Penal Code, Prevention of Money Laundering Act, Emigrants and Immigrants Ordinance

a) Money Laundering

b) Terrorist financing

c) Drug trafficking

d) Possessing 17 forged Passports

e) Collecting arms, and collecting arms with the intention of waging war against the Republic.

f) Waging or attempting to wage war, or abetting the waging of war, against the state

g) Causes the death of any specified person, or kidnaps or abducts a specified person, or commits any other attack upon any such person, which act would, under the provisions of the Penal Code, be punish able with death or a term of imprisonment of not less than seven years ;

h) Commits criminal intimidation

i) Commits the offence of robbery of the property of the Government, any department, statutory board, public corporation, bank, co-operative union or co-operative society ;

j) Commits the offence of mischief to the property of the Government, any department, statutory board, public corporation, bank, co-operative union or co-operative society or to any other public property

k) Without lawful authority imports, manufactures or collects any firearms, offensive weapons, ammunition or explosives or any article or thing used, or intended to be used, in the manufacture of explosives ;

l) Possesses without lawful authority, within any security area, any firearms or any offensive weapon, ammunition or explosives or any article or thing used, or intended to be used, in the manufacture of explosives

m) By words either spoken or intended to be read or by signs or by visible representations or otherwise causes or intends to cause commission of acts of violence or religious, racial or communal disharmony or feelings of ill-will or hostility between different communities or racial or religious groups






n) Either spoken or intended to be read, or by signs; or by visible representations, or otherwise, excites or attempts to excite feelings of disaffection to the President or to the Government of the Republic, or excites or attempts to excite hatred to or contempt of the administration of justice, or excites or attempts to excite the People of Sri Lanka to procure, otherwise than by lawful means, the alteration of any matter by law established, or attempts to raise discontent or disaffection amongst the People of Sri Lanka, or to promote feelings of ill-will and hostility between different classes of such People,

o) Inducing or compelling the President or a Member of Parliament, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Member of Parliament, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe such President or Member of Parliament,

p) Wages war against the Government of any Power in alliance or at peace with the Republic or attempts to wage such war, or abets the waging of such war

q) Commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with the Republic

r) Conspires to commit any of the offences punishable by the sections proceeding sections since Section 115 of the Penal Code , or to deprive the People of the Republic of Sri Lanka of their Sovereignty in Sri Lanka or any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, any of the organs of Government

s) Abets the committing of mutiny by an officer, soldier, sailor, or airman in the Army, Navy, or Air Force of the Republic or attempts to seduce any such officer, soldier, sailor, or airman from his allegiance or his duty

t) Abets the committing of mutiny by an officer, soldier, sailor, or airman in the Army, Navy, or Air Force of the Republic shall, if mutiny be committed in consequence of that abetment

u) Abets an assault by an officer, soldier, sailor, or airman in the Army, Navy, or Air Force of the Republic, on any superior officer being in the execution of his office,


29. The Petitioner states that in addition to the aforesaid 8th Respondent has committed offences against the humanity and in the circumstances he is liable to be tried before any International tribunal establish by the International Community.

30. The Petitioner respectfully states further that the 8th Respondent should have been extradited to India since he have been issued Red notice in respect of the murder Rajiv Gandhi, former Prime Minister of India.

31. In the circumstances the Petitioner states that by failing to institute judicial proceedings against the 8th Respondentand failing to subject him under the Judicial custody and/ or failing to extradite him to India;

a) One or more or all of the Respondents have violated the Constitution of the Democratic Socialist Republic of Sri Lanka and thus have failed to perform the duties and functions vested in them by the Constitution of the Democratic Socialist Republic of Sri Lanka,

b) One or more or all of the Respondents have violated the Specific Provisions relating to investigation of Offences and prevention of Offences contained in the Code of Criminal Procedure Act No: 15 of 1979 and thus have failed to perform the duties and functions vested in them by the Code of Criminal Procedure Act No: 15 of 1979,

c) One or more or all of the Respondents have violated the international treaties relating to extradition.

32. The Petitioner respectfully states that due to the aforesaid omissionsand/or failures of the one or more or all of the Respondents the Sri Lanka is answerable before the International Community and the said omissionsand/or failures are also directly and indirectly induced the International Human Rights Council to appoint a Commissions to investigate the Human Rights violations in Sri Lanka.

33. The Petitioner respectfully states in the circumstances the Petitioner seeks a mandate in the nature of a Writ of Mandamus on one or more or all of the 1st to 6thRespondents directing them;

a) To arrest the 8th Respondent,

b) To investigate the crimes committed by the 8th Respondent

c) To institute judicial proceedings against the 8th Respondent

d) To producethe 8th Respondent before the relevant court/courts of law and subject him to the judicial custody.

34. The Petitioner states that the Petitioner respectfully reserves his right to tender additional Affidavits or documentations if so required by Your Lordships' Court or if so necessary. The Petitioners respectfully seek to reserve the right to add any other party/parties if revealed by the Respondents and Your Lordships were to deem it necessary.

35. The Petitioner states that this application would be rendered nugatory if the 8th Respondent namely ShanmugamKumaranTharmalinghamaliasTharmalingamShanmuganKumaranaliasKumaranPathmanathanaliasKutti Master aliasKutti Siri - LTTE aliasThambiahSelvarajaaliasKuldi who is known as “KP” leaves Sri Lanka before the final determination of this application, therefore he seeks an interim order directing the 3rd Respondent to not allowthe ShanmugamKumaranTharmalinghamaliasTharmalingamShanmuganKumaranaliasKumaranPathmanathanaliasKutti Master aliasKutti Siri - LTTE aliasThambiahSelvarajaaliasKuldi who is known as “KP” leaving the Country until the final determination of this application.

36. The Petitioner has not previously invoked the jurisdiction of your Lordships court in this matter.


WHEREFORE THE PETITIONER RESPECTFULLY PRAYS THAT YOUR LORDSHIPS’ COURT BE PLEASED TO:
a) Issue notice on the Respondents;

b) Grant an interim order directing the 3rd Respondent to not allow the 8th Respondent namely ShanmugamKumaranTharmalinghamaliasTharmalingamShanmuganKumaranaliasKumaranPathmanathanaliasKutti Master aliasKutti Siri - LTTE aliasThambiahSelvarajaaliasKuldi who is known as “KP” toleaveSri Lanka until the final determination of this application;

c) Direct the 4th and the 5th Respondent to submit a comprehensive report explaining the reasons for providing the security to the 8th Respondent upto date;

d) Direct the 1st ,2nd and 7th Respondents to submit before Your Lordships’ Courtthe relevant official document relating to the offences committed by the 8th Respondent;

e) Grant and issue a mandate in the nature of a Writ of Mandamus on the 1st and 6th Respondents directing them to arrest the 8th Respondent;

f) Grant and issue a mandate in the nature of a Writ of Mandamus on the 1st and 6th Respondents to produce the 8th Respondent before the relevant court/courts and subject the 8th Respondent to the judicial custody;


g) Grant and issue a mandate in the nature of a Writ of Mandamus on the 1st ,3rd , 6th and 7thRespondents directing them to investigate the offences committed by the 8thRespondent;

h) Grant and issue a mandate in the nature of a Writ of Mandamus on the 1st ,3rd , 6th and 7thRespondents directing them to institute judicial proceedings against the 8thRespondent;


i) Grant Costs and

j) Grant such other and further reliefs that Your Lordships’ Court shall seem meet.




Attorney-at-Law for the Petitioner

Settled by: Upul Kumarapperuma, Attorney-at-Law
Thanuka .M. Nandasiri, Attorney-at-Law
Jayantha Beliattage, Attorney-at-Law