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2024 Supreme(SRI)(SC) 12686
P. PADMAN SURASENA, J.
On 21-04-2019, seven incidents of suicide bomb explosions occurred in seven different places of this country. These explosions claimed the lives of 268 people and caused injuries to 586 people. The Victims were those gathered at three churches namely: St. Anthony’s Church, Kochchikade, Colombo; St. Sebastian’s Church, Katuwapitiya in Negombo; Zion Church, Batticaloa, as well as those gathered at four hotels namely: Shangri-La Hotel, Colombo; Kingsbury Hotel, Colombo; Cinnamon Grand Hotel, Colombo; and New Tropical Inn, Dehiwala.
In relation to the above suicide explosions, the Accused-Respondent who held office as the Secretary of the Ministry of Defence of the country, stood indicted before High Court-at-Bar under 855 counts. The charges in these 855 counts could be categorized and tabulated in the following manner:
| Places of the Suicide Bomb Attacks and the Names of the suicide bombers. | Description of Charges. | Count Nos. in the indictment. | |
| 1. | Place: Shangri La, Colombo 01 Names of the suicide bombers: 1. Mohamad Cassim Mohamad Zahran alias Zahran Hashim 2. Mohamad Ibrahim Ilham Mohamad | Facilitating the suicide bomb attack by i l l egal omission to prevent the commission of the crimes set out in: Count Nos. 01-33: S.296 read with S.102 of the Penal Code; | 3 3 Counts: (Count Nos. 01- 33) |
| Count No. 34-67: S.300 read with S.102 of the Penal Code. | 34 Counts: (Count Nos. 34- 67) | ||
| 2. | Place: St. Anthony’s Church Kochchikade Names of the suicide bomber: Alawudeen Ahammath Muwath | Facilitating the suicide bomb attack by i l l egal omission to prevent the commission of the crimes set out in: Count Nos. 68-123: S.296 read with S.102 of the Penal Code; | ( 56 Counts: Count Nos. 68- 123) |
| Count Nos. 124-268: S.300 read with S.102 of the Penal Code. | 145 Counts: (Count Nos. 124-268) | ||
| 3. | Place: St. Sebastian’s Church Katuwapitiya Negombo Names of the suicide bomber: Achchi Mohamad Mohamad Hasthun | Facilitating the suicide bomb attack by i l l egal omission to prevent the commission of the crimes set out in: Count Nos. 269-383: S.296 read with S.102 of the Penal Code: | C 115 Counts: ount Nos. 269- 383 |
| Count Nos. 384-690: S.300 read with S.102 of the Penal Code. | 307 Counts: (Count Nos. 384-690) | ||
| 4 . | Place: K i ngsbury Hotel, Colombo 01 Names of the suicide bomber: Mohamad Asam Mohamad Mubarak | Facilitating the suicide bomb attack by i l l egal omission to prevent the commission of the crimes set out in: Count Nos. 691-699: S.296 read with S.102 of the Penal Code; | 09 Counts: (Count Nos. 691-699) |
| Count Nos. 700-722: S.300 read with S.102 of the Penal Code. | 23 Counts: Count Nos. 700- 722 | ||
| 5. | Place: Cinnamon Grand Hotel, Colombo 03 Names of the suicide bomber: Mohamad Ibrahim Insaf Ahamed | Facilitating the suicide bomb attack by i l l egal omission to prevent the commission of the crimes set out in: Count Nos. 723-744: S.296 read with S.102 of the Penal Code; | 22 Counts: Count Nos. 723- 744 |
| Count Nos. 745-762: S.300 read with S.102 of the Penal Code. | 18 Counts: Count Nos. 745- 762 | ||
| 6 . | Place : Zion Church, Batticaloa Names of the suicide bomber: Mohamad Nazar Mohamad Asad | Facilitating the suicide bomb attack by illegal omission to prevent the commission of the crimes set out in: Count Nos. 763-793: S.296 read with S.102 of the Penal Code; | 31 Counts: Count Nos. 763-793 |
| Count Nos. 794-853: S.300 read with S.102 of the Penal Code. | 60 Counts: Count Nos. 794-853 | ||
| 7. | Place: New Tropical Inn, Dehiwala Names of the suicide bombers: Abdul Lathif Jameel Mohamad | Facilitating the suicide bomb attack by illegal omission to prevent the commission of the crimes set out in: Count Nos. 854 and 855: S.296 read with S.102 of the Penal Code. | 02 Counts: Count Nos. 854-855 |
| Total number of incidents - 07 | Number of counts under S. 296 (Murder) | 268 | |
| Number of counts under S. 300 (Attempted Murder) | 587 | ||
| Total Counts | 855 |
The High Court-at-Bar on 22-11-2021 had read out charges to the Accused-Respondent. He had pleaded not guilty to each count upon which the High Court-at-Bar had commenced the trial against him.
The Prose
