Trinco High Court orders inquiry into Habeas applications

[TamilNet, Wednesday, 01 October 2008, 19:14 GMT]
Trincomalee High Court Judge Mr.M.Ilancheliyan has forwarded to the Trincomalee Magistrate to hold inquiry on two Habeas Corpus (HC) applications, filed by mothers of two disappeared Tamil youths in Paalathoupoor in Moothoor division in Trincomalee district on 4th April 2007, legal sources in Trincomalee said. The High Court Judge issued the directive on Monday after determining that the prima facie case had been established by the applicants.

The HC applications filed separately by two mothers, Pathmanathan Annapooranam and Sahintha Chinthan, came up for inquiry in the Trincomalee High Court Monday. The petitioners had cited the Officer in Charge of the SLA camp located at Paalaththoappoor, the Commander of the Sri Lanka Army, and Attorney General as respondents.

Pathmanathan Annapooranam stated in her application that one Maheswaray Tharmalingam had seen his son Pathmanathan Muthukumaran and Sivathas Chinthan, son of Sahintha Chinthan were being checked at the entrance to the SLA camp at Paalathoupoor on 4th April 2007 around 6 p.m. by soldiers.

Maheswary Tharmalingam was not suspicious at that time as this was a routine practice while passing the camp. She returned home after 15 minutes.

But both youths had failed to return home.

Sahintha Chinthan also stated the same position in her HC application, legal sources said.

The first and second respondents through their affidavits denied the allegation against the SLA for the disappearance of two youths.

The High Court Judge stated in his order that according to applications, affidavits and counter affidavits, and statements of objections filed in court that the court decides that prima facie had been established to hold inquiry into these applications.