Court Dismisses Legal Action Against Tamil Provincial Councilors Seeking "Genocide Probe"

The Court of Appeal today dismissed a writ application filed by a resident of Nugegoda who sought a writ of mandamus order directing the Inspector General of Police (IGP) and the attorney General (AG) to take legal action against 33 members of Northern Provincial Council (NPC) and Eastern Provincial Council (EPC) for urging former UN Human Rights High Commissioner Navanidan Pillai through a letter to determine if genocide has taken place in Sri Lanka.

Bench comprising Justices Vijith K. Malalgoda (President) and A.H.M.D. Nawaz maintained that petition cannot be entertained because a police complaint has not been made against the respondents.

The petitioner Polwatta Gallage Ravindra Niroshan of Nugegoda stated that he was genuinely concerned for the continued safety of the security of the country particular to ensuring harmony, goodwill and concord among the different ethnic linguistic and religious groups in the country.

He stated that 33 respondents, 28 members of the NPC and five members of EPC in a joint letter dated August 17, 2014 had requested the UN High Commissioner for Human Rights to acquaint her successor as well as the investigating panel presently investigating Sri Lanka with the matter containing in the letter.

The petitioner stated that the letter stated; “The Tamil people strongly believe that they have been the continued to be subjected to genocide by Sri Lanka. The Tamils were massacred in groups, their temples, churches were bombed and their iconic Jaffna public library was burnt down in 1981 with its collection of largest and oldest priceless irreplaceable Tamil manuscripts. Systematic Sinhalese settlement and demographic changes with the intent to destroy the Tamil nation are taking place. We request the OHCHR investigate team to look into the pattern of all the atrocities against the Tamil people and to determine if genocide has taken place”.

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