SRI LANKA: In Ganeshan Nimalaruban's case the de facto CJ holds that inquiry into a prison death will encourage prisoners to riot
October 15, 2013
The case of Ganeshan Nimalaruban, a Tamil prisoner whose death in prison evoked local and international expressions of concern last year was taken up on October 14 before the Supreme Court and the de facto Chief Justice, Mohan Peiris, refused to grant leave to proceed in the fundamental rights case. The de facto CJ refused to observe the normal standards and procedures regarding leave to appeal cases on fundamental rights and the matters that the court should look into before making an order. Those standards and procedures are as follows:
- Whether the application filed by the petitioner reveals violations of one of the fundamental rights as recognised in the Constitution.
- Whether, on the face of record, there is adequate evidence placed before the court justifying an inquiry into the case.
- Whether the application complies with procedural requirements such as time limits for filing of applications.
