By -Shantha wijesooriya

On 5 November 2024 Balapitiya Magistrate R. D. Janaka ordered the Attorney General to appear before him in the case of Indika Prabath’s shooting to death.

The Magistrate has issued the order, while the Attorney General informed the Balapitiya Magistrate in a letter that he does not expect to take legal action regarding the case of Indika Prabath as no person has been found guilty to have committed a crime by facts and evidence, 

The magistrate ordered considering the request to issue a notice to the President’s counsel and Bar Association President Anura Medagoda, who appeared on behalf of the victim, to appear before the court. The Magistrate has informed the victim’s lawyers to present written submission a week before summoning the Attorney General.

President’s lawyer Anura Medagoda said, the Attorney General did the same thing to the Mahara prison shooting case but this time it’s not going to be the same with me. Anura Medagoda said that an original copy of the letter sent by the Attorney General stating that he does not expect to pursue this case further, has been sent to the Director Legal Division of Colombo at Vauxhall Street and a copy has been sent to the court and said that he will file a case against the police in the Court of Appeal for contempt of court.

President’s counsel Anura Medagoda requested the Magistrate to provide protection to deceased Indika Prabath’s wife Piumi, the main victim of this case, and the Magistrate considered the request and ordered the police to provide security to Piumi. According to the Code of Criminal Procedure, although the Attorney General has the power to consider facts of a case and decide that it is unnecessary to proceed with that case, withdrawing a case while facts are reported and a magistrate has concluded it is a crime is an obstruction for justice.

Translated by Azgar