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Sri Lanka, Aug. 9 -- On July 7, 1915, which eventually became a phrase signifying a major calamity or Julie Hathai, is one of the darkest days in the annals of Sri Lankan history, on which date, young Edward Henry Pedris, aged 28 (1887-1915) and a scion of an elite Sinhalese-Buddhist family in Colombo, was assassinated by a Panjabi firing squad, consequent to an unlawful sentence passed by a Court Martial.
Incidentally, about 100 years previously on March 2, 1815, the British solemnly undertook to protect Buddhism, but did exactly the opposite by repressing the Sinhalese-Buddhists majority. In May, 1915, an insignificant local skirmish between the Sinhalese and the Muslims near the Hill Street Mosque in Kandy had developed into large scale communal riots island wide.
Colonial Governor Sir Robert Chalmers had declared martial law and handed over the law and order situation to Brigadier General Leigh Malcolm, the General Officer Commanding the troops in the Island. A state of terror was unleashed by the military and without discrimination, people were shot at sight.
A series of Kangaroo Courts under the grand name of "Field General Court Martial" (FGCM)was convened and in which their Lordships, the members of the Court Martial, though they had already convicted the accused before the trial, nevertheless proceeded to try him in a manner befitting to a Court of Justice. Henry Pedris too had the misfortune to come before such a Field General Court Martial.
He was found guilty and shot down on July 7, 1915 at the Welikada Prison by a firing squad composed of Panjabi soldiers of the British Army.
The Field General Court Martial that tried Pedris was totally flawed and even the purported death sentence was not confirmed by the competent authority, the Governor of Ceylon. A docile Ceylon Supreme Court in the form of Sir Alexander Wood - Renton C.J, Justice Shaw and Justice de Sampayo erroneously declined to interfere with the sentences passed by numerous Field General Courts Martial citing lack of jurisdiction.
This article will mainly focus on the legal infirmities of the Court Martial that tried Pedris and the judgments made per incuriam by the Ceylon Supreme Court declining to interfere with the sentences passed by Field General Courts Martial that were...