A petition has been submitted to the Court of Appeal, urging the resumption of legal proceedings concerning the deaths of 11 inmates during the 2020 Mahara Prison riots. The petition also seeks directives for the Criminal Investigation Department (CID) and other relevant authorities to take further action.
This legal move follows a letter from the Attorney General’s (AG) Department to the CID, describing the incident as an act of self-defense by the police under Section 77 of the Prisons Ordinance. The AG’s Department had subsequently indicated its intention to close the case, asserting no further proceedings were necessary.
The petition, filed on December 20, 2024, by Mehanuwara Gedara Lasanthi, the spouse of one of the deceased inmates and represented by attorney Senaka Perera, names the Attorney General, the CID Director, and the Magistrate of the Welisara Magistrate Court as respondents.
In the petition, the petitioner challenges the withdrawal of the case by the Additional Solicitor General on December 17, 2024, during a hearing at the Welisara Magistrate Court. This withdrawal contradicted a prior order issued by the Magistrate on April 26, 2023, which directed the CID to promptly identify, arrest, and present suspects in connection with the deaths, in line with the Code of Criminal Procedure.
According to the petition, the Magistrate’s 2023 order was based on evidence and post-mortem reports indicating that the inmates died from gunshot wounds to areas above the abdominal cavity. These findings suggest that excessive force was used, violating the Prisons Ordinance of 1877.
The Magistrate’s findings highlighted that the prison authorities had failed to conduct a humanitarian operation with minimal force. The post-mortem evidence revealed that gunshots were indiscriminately fired at vital areas, contradicting standard protocol that mandates aiming below the knee.
The petitioner argued that the deaths raise reasonable suspicions of criminal conduct and that discontinuing the case is unjust and premature. She called for:
- A Writ of Certiorari to nullify the AG’s document recommending case closure.
- A Writ of Mandamus compelling the AG and CID Director to file charges against all suspects in the Welisara Magistrate’s Court.
- A Writ of Mandamus instructing the CID Director to comply with the Magistrate’s April 2023 order to take appropriate action.
The petition emphasizes the need for accountability and adherence to legal procedures in addressing the deaths, seeking justice for the victims and their families.
