Polwatta Gallage Ravindra Niroshan of Nugegoda filed a writ application before the Court of Appeal on 29 September 2014, seeking a writ of mandamus ordering the Inspector General of Police and the Attorney General to take necessary legal action against 28 members of the Northern Provincial Council (NPC) and five Eastern Provincial Council (EPC) members for forwarding an alleged malicious and false statement about Sri Lanka to the United Nations Human Rights High Commissioner, urging to determine if genocide has taken place in Sri Lanka.
He filed this writ petition naming IGP, AG and 33 members of Northern and Eastern Provincial Councils as respondents.
The petitioner stated that the letter sent by 33 provincial council members on 17 August 2014, was capable of causing disharmony, ill feeling and discord among the different ethnic groups of SL particular the Sinhalese and the Tamils.
According to this letter it stated; “The Tamil people strongly believe that they have been the continued to be subjected to genocide by Sri Lanka. The Tamils were massacred in groups, their temples, churches were bombed and their iconic Jaffna public library was burnt down in 1981 with its collection of largest and oldest priceless irreplaceable Tamil manuscripts. Systematic Sinhalese settlement and demographic changes with the intent to destroy the Tamil nation are taking place. We request the OHCHR investigate team to look into the pattern of all the atrocities against the Tamil people and to determine if genocide has taken place”.
The petitioner stated that these 33 PC members could be arrested and prosecuted under section 120 of the Penal Code but the IGP and the AG had failed to do so and thereby, sought a writ of mandamus ordering them to take legal action.
However, the Chief Minister of Northern Provincial Council C.V. Vignaswaran was not named as a respondent since he had not signed for the concerned letter.