Sunday, November 07, 2004

Appeal Court orders police to produce missing soldier by Rathnapala Gamage and Ranjith Katugampola

Court of Appeal ordered the O.I.C. of the Veyangoda Police to produce before court a soldier named, Arambage Buddhika Sugath Jayawickrama, who disappeared suddenly two years ago when he was attached to the security battalion of the Eastern Region Commanding Officer of the Army Major General Nanda Mallawarachchi.

The Court of Appeal made this order, when a habeas corpus application filed by the father of the missing soldier, requesting to issue an order to the respondent Major General Mallawarachchi, to find his son or pay compensation on his behalf, was taken for inquiry.

Attorney-at-Law Ronald Munasinghe, who appeared for the respondent Major Mallawarachchi, informed the court that the soldier who disappeared was taken into custody by the Veyangoda Police when he was working at a Coconut Mill in Veyangoda.

Major General Nanda Mallawarachchi and Mrs.Mallawarachchi, Army Sergent Jayathilake Banda, Army Commander Lieut. Col. Lionel Balagalla and soldier Buddhika Sugath Jayawickrama and the Attorney General were named as the respondents of this habeas corpus petition.

This petition has been filed by Arambage Karunasea of Mahagama, Egodawatta, said to be the father of the soldier who disappeared.

The petitioner stated that by an anonymous telephone call received by him on 19th August 2002, he was informed that his son died due to being assaulted by the members of Major General Mallawarachchi's security unit. He made a complaint regarding this to the Welikada Police.

The bench comprising Judges D.J.de S.Balapatabendi and S.I.Imam, ordered the Registrar of the Court of Appeal to convey the order of the court through the telephone and by telegram.