Gopalapuram War memorial case dismissed
[TamilNet, Monday, 17 February 2003, 14:49 GMT]
The Trincomalee Magistrate Mr.S.Thiagendran Monday dismissed the action filed by the Kuchchaveli Police under Section 81 of the Criminal Procedure Code against the construction and opening of the Liberation Tigers of Tamil Eelam (LTTE) war memorial at Gopalapuram junction in Nilaveli, sixteen km off north of east port town. The Magistrate also recalled the warrant issued on the respondent Mr.Thooyavan, Nilaveli area political leader of the LTTE, legal sources said.
The case against Mr.Thooyavan was taken up Monday on a motion filed by his Counsel Mr.K.Sivapalan one month ahead instead of next date March 17.
Mr. Sivapalan in his submission said that people of the area repaired the LTTE war memorial and not by the respondent He pointed out that although the damaged war memorial was under repair for more than a month and no action was taken. But the police filed action against the respondent only when the Sri Lanka Navy (SLN) took up the issue .
Mr. Sivapalan further said the police had filed action under section 81 without any complaint from any community or group. Hence the respondent should be discharged from this case
The Kuchchaveli Police asked the court to issue an order to stop the construction and the opening of the LTTE war memorial at Gopalapuram junction as it
could pose threat to peace in the area between Tamils and Muslims.
Police submitted that t he war memorial was being constructed on a state land belonging to the Road Development
Authority and it was a violation of the Memorandum of Understanding signed
by the government and the LTTE. Hence the court should prevent the construction, police submittal further said.
The Magistrate allowed the application by the counsel for the respondent and dismissed the action filed by the Kuchchaveli Police under section 81 of the CPC and ordered to recall the warrant issued on the respondent Mr Thooyavan, Nilaveli LTTE political leader, legal sources said.
SI Gunasekara of Kuchchaveli Police appeared for the prosecution. Counsel Mr.K.Sivapalan appeared for the respondent.