AG raises objections to Bathiudeen’s FR petition
Limited objections will be filed against the fundamental rights petition filed by former minister Rishad Bathiudeen, the Supreme Court’s attorney general informed yesterday.
Former minister Rishad Bathiudeen, arrested and detained in connection with the Easter Sunday attacks, had filed a fundamental rights petition seeking an interim order to release him from the custody of the Criminal Investigation Department (CID).
The state’s lead lawyer, Dr Awanthi Perera, informed the court that it must obtain instructions from the defendants.
She further stated that she intends to submit limited objections in this case in order to assist the court and that she is committed to filing limited objections by June 1.
Meanwhile, Judge Janak De Silva, who is yesterday’s bench member, refused to hear this petition.
since he chaired the Presidential Commission which made recommendations against the petitioner in this case.
Taking into account the facts, the Supreme Court, composed of three judges, including Judge Vijith Malalgoda, Judge Kumuduni Wickremasinghe and Judge Janak de Silva, fixed the request for support on June 4.
Anil Silva PC with Faisz Musthapha PC, on the instruction of Senior Counsel Gowry Shangary Thavarasha appearing for the petitioner.
Bathiudeen is also seeking a provisional order to suspend the execution of the detention order until the final decision of this request.
The petitioner had named the Inspector General of Police, the Director of the CID, the DIG in charge of the CID, the Attorney General and several others as respondents.
Bathiudeen says he is extremely vulnerable to the risk of being affected by the rapidly spreading Covid 19 pandemic in Sri Lanka. He said there was a serious threat to his life while being held at CID as he is exposed to other inmates and CID agents. He claims that he will suffer serious irreparable loss and damage unless interim relief is granted by the Supreme Court.
The petitioner said he was arrested in a humiliating manner on the basis of false and malicious allegations. He added that defamatory statements had been made against him in the media, causing humiliation, defamation and pain of mind. Bathiudeen said he was detained at the CID during the holy month of Ramadan, preventing him from effectively practicing his religion. He said his daughter was due to sit for the London International General Certificate of Secondary Education (IGCSE) exam on April 26. He said his daughter could not properly prepare for the said exam due to the humiliating and unlawful arrest and detention.
The petitioner also seeks a declaration that the petitioner’s fundamental rights guaranteed to him under Article 12 (1), 12 (2) 13 (1) 13 (2) of the Constitution have been violated by the arrest. and arbitrary detention.
The petitioner alleged that the alleged detention order was not made within the meaning of the law and that, therefore, there is no basis on which the applicant could be properly detained.
The petitioner denies having aided and abetted the suicide bombing carried out by Ibrahim Inshaf Ahamed on 21.04.2019.