Attorney-at-Law Armisa Tiegel Urges Court of Appeal to Expedite Criminal Investigation into Senior DIG Nilantha Jayawardena
Colombo, June 12 – Attorney-at-Law Armisa Tiegel today requested the Court of Appeal to expedite the hearing of the writ petition, which seeks to initiate a criminal investigation into the alleged negligence of Senior DIG Nilantha Jayawardena regarding the 2019 Easter Sunday attacks. She emphasized that there is no connection between the criminal investigation and the ongoing disciplinary inquiry against Jayawardena.
Her request was made during a hearing on the petition, which urges the Inspector General of Police (IGP) and the Attorney General to act on complaints calling for a criminal investigation and prosecution against the former Director of the State Intelligence Service (SIS).
The petitioners, Father Rohan Silva, Executive Director of the Centre for Social and Religious Affairs, and Suraj Nilanga, father of a victim who died in the Shangri-La Hotel bombing, filed the petition, seeking justice for the attack victims.
Court Proceedings
The writ petition was heard before the Court of Appeal Judges Mayadunne Koraya and Mahen Gopallawa. During the session, Attorney Tiegle informed the court that she was prepared to present the case. However, President’s Counsel Chandaka Jayasundara, representing Senior DIG Jayawardena, argued that since a disciplinary inquiry was in progress, the criminal investigation should be postponed until its conclusion.
In response, Attorney Tiegle reiterated that the disciplinary investigation and criminal investigation were separate matters and that the disciplinary inquiry itself was triggered by the filing of this writ petition. She emphasized that her petition included multiple requests, with the disciplinary action being only one of them.
At this point, the Court of Appeal stated, “Why the rush? Let’s wait until the disciplinary inquiry concludes.” To which Attorney Tiegle responded, pointing out that the incident occurred in 2019, yet no criminal action had been taken against Jayawardena despite allegations of serious negligence.
Deputy Solicitor General Janaka Bandara clarified that no decision had been made to avoid criminal proceedings against Jayawardena and that the petitioners’ request sought to overturn an alleged decision that the Attorney General’s Department had not taken. However, the court declined to officially record this clarification.
Attorney General’s Position on Jayawardena’s Case
The Attorney General Department noted that Jayawardena had previously testified in an Easter Sunday case and that it remained unclear whether he would be treated as a witness or a suspect. Before filing a criminal case, prosecutors must determine whether sufficient evidence exists, and new evidence was required to re-evaluate Jayawardena’s involvement.
In response, Attorney Tiegle asserted that ample evidence was already available. She stressed that one of the petitioners is the father of a victim, who is still seeking justice, and argued that the case should proceed without waiting for the completion of the disciplinary inquiry against Jayawardena.
Despite these arguments, the Court of Appeal ruled that the writ petition would be reviewed only after the disciplinary inquiry concludes. The petition was scheduled for preliminary evaluation on October 14.
Petition Details & Legal Representation
The petitioners, Father Rohan Silva and Suraj Nilanga, were present at the hearing. The legal team representing the petitioners included Attorneys Manushika Cooray, Suren D. Perera, Linuri Munasinghe, and Armisa Tiegle.
Deputy Solicitor General Janaka Bandara appeared on behalf of the IGP and Attorney General, while President’s Counsel Chandana Jayasundara represented Senior DIG Nilantha Jayawardena.
The 18-page writ petition filed against Jayawardena alleges that his failure to act on prior warnings about the Easter attacks amounted to criminal negligence.
Background: Easter Sunday Bombings & Legal Actions
The petitioners state that on April 21, 2019, seven suicide bombings targeted churches and hotels in Colombo, Negombo, and Batticaloa, killing approximately 267 people and seriously injuring over 400 others. Two additional bombings occurred later that afternoon.
The petitioners claim that the Easter Sunday bombings exposed a severe dereliction of duty within the State Intelligence Service. On April 20, 2022, they lodged a complaint with the IGP under CIB III 294/22, alleging Jayawardena’s direct responsibility.
Additionally, they notified the Attorney General on June 9, 2022, requesting action against Jayawardena. However, no progress has been made, prompting the petitioners to seek court intervention.
The petitioners also note that on April 18, 2022, the Colombo High Court acquitted former Defence Secretary Hemasiri Fernando and former IGP Pujitha Jayasundara. The Attorney General appealed these acquittals, and both appeals remain pending before the Supreme Court.
The petitioners demand accountability for intelligence failures that led to the devastating Easter Sunday bombings and insist that justice must be served.
A translation of the article published in “whatnews.lk! titled නිලන්තට අපරාධ විමර්ශන නැත්තේ ඇයි? අපරාධ විමර්ශනයකට ඇයි හදිස්සි වෙන්නේ? විනය පරීක්ෂණය ඉවරවෙනකල් බලමු කියලා! උසාවියේ වෙච්ච දේ!
Translation and headings by SLB (c) SrilankaBrief