The Fundamental Rights case of Ganeshan Nimalaruban was taken before the Supreme Court,the Bench consisted of: Mohan Peiris CJ, P. A Ratnayake PC J and S Hettige J.
In the course of submissions by the petitioner’s lawyers, Chief Justice Mohan Peiris made the following remarks:
“When the prison is under siege do you want the prisons commissioner have to read to them the Geneva Conventions?”
The AG submitted a confidential report to the Court and Counsel Petitioner requested a copy to be issued to him. CJ Peiris said “Why do you need this? The court is not a place to get documents for the petitioners. This is the way you all procure the evidence and then circulate to the entire world to tarnish the image of the country.”
“The executive submits confidential reports only for the eyes of judges particularly where national security issues are concerned.”
Counsel for the Petitioner said everyone is entitled to the protection of law. Then the CJ responded, “The prisoners were engaging in a siege and they are entitled to the protection of law, provided they respect the law.”
“There is an emerging human right for the right to be protected from terrorism.”
“Counsel, you are not concerned about the country, you are giving a wrong signal to likeminded people.”
Counsel for the petitioner referred to the injuries in the postmortem report establishing torture. The Chief Justice said, “We don’t send nursery children to quell a siege. You’ve got to expect injuries.”- G. Nimalaruban
The medical report says there were injuries and that Nimalruban died of heart attack. There were 32 injuries and the siege would have led to the heart attack. The CJ said that there is a theoretical possibility of the death being caused not exclusively by heart attack. This jurisprudence should only be confined to the court room and not to be discussed elsewhere.
The case to be called once again next month.(AHRC)