• Last Update 2024-03-28 18:57:00

Easter Sunday attacks: SC orders ex President Sirisena & others to pay millions as compensation

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The Supreme Court today held former President Maithripala Sirisena, former Defense Secretary Hemasiri Fernando, former National Intelligence Director, former IGP & ex SIS Director Nilantha Jayawardhane accountable for violating the Fundamental Rights of petitioners, by failing to take necessary action to prevent the Easter Sunday attacks despite receiving early intelligence information. 

The Court also ordered former President Sirisena to pay Rs.100 million as damages to the victims of Easter Sunday attacks while ex IGP Jayasundara, ex SIS Director Jayawardhane and ex Defense Secretary Fernando directed to pay Rs.75 million and Rs 50 million respectively.

The Court issued the verdict after hearing twelve petitions filed by family relatives of the victims, catholic priests and Bar Association of Sri Lanka.

 

In September last year, the Court held that President Ranil Wickremesinghe cannot be named as one of the respondents in the petitions since he enjoys Presidential immunity as per the Constitution.

 

The bench consist of Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluwihare,  L.T.B. Dehideniya, Murdu N.B. Fernando, S. Thurairaja, A.H.M.D. Nawaz and A.L. Shiran Gooneratne.

 

“..we must express our shock and dismay at the deplorable want of oversight and inaction that we have seen in the conduct of affairs pertaining to Security, Law and Order and Intelligence,” the bench noted.

 

“There are glaring examples of a lack of strategic co-ordination, expertise and preparedness that need a critical examination as to the way forward. “

 

“The failures that eventuated in the Easter Sunday attacks and the concomitant deaths and devastations have left behind an indelible blot on the security apparatus of the Country and this Country which is blessed by a multi-cultural and multi religious polity cannot be left to the vagaries of these follies and made to suffer leading to violence, fear, apprehension and uncertainty. These events must recede into oblivion but they remind us starkly of the necessity to effect legislative, structural and administrative changes,” the judgement read.

 

The Court directed that 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.

The State is also ordered to pay Rs one million as compensation.

 

The State and the individual respondents 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, the judgement reads.

 

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

 

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

 

The full verdict of the bench can be accessed here. 

 

 

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