Dr. Shafi’s FR petition first hearing on Sept. 27 | Daily News

Dr. Shafi’s FR petition first hearing on Sept. 27

The Fundamental Rights petition filed by Dr. Shafi Shihabdeen, the controversial doctor attached to the Kurunegala Teaching Hospital was yesterday fixed for support on September 27 by Supreme Court.

President’s Counsel Faiszer Musthapha appearing for the petitioner yesterday sought a date to file an amended petition.

Musthapha further submitted to court that the petitioner is expecting to present additional documents relevant to the petition.

Taking into consideration the facts, the Supreme Court three-judge-bench comprising Justices Sisira de Abrew, Prasanna Jayawardena and Vijith K. Malalgoda fixed the matter for support on September 27.

Attorney Rushdie Habeeb filing this petition on behalf of Dr. Shafi Shihabdeen named Kurunegala Police Crime Division OIC IP Pushpalal, Kurunegala DIG Kithsiri Jayalath, CID Director SSP Shani Abeyasekera, acting IGP Chandana Wickremaratne, the Defence Ministry Secretary and, the Attorney General as respondents.

The Petitioner had sought an interim order suspending or staying the operation of the detention order issued on Dr. Shafi Shihabdeen purportedly acting under section 9(1) of the Prevention of Terrorism (Temporary Provisions) Act No: 48 of 1979.

However, Dr. Shafi has been released on bail by the Kurunegala Magistrate’s Court.

The Petitioner further sought an order declaring that Dr Shihabdeen’s Fundamental Rights guaranteed under Article 12(1), 12(2), 13(1), 13 (2) and 14(1)(g) have been violated by the illegal arrest and illegal detention purportedly under a detention order as stated in the Report filed in the Kurunegela Magistrate’s Court. The Petitioner states that the Respondents have acted maliciously, arbitrarily and illegally in arresting and detaining Dr. Shihabdeen. The Petitioner further said that Dr. Shihabdeen’s arrest, detention and continued detention are “illegal, unreasonable, disproportionate and an abuse of power”.

The petitioner maintained that there was no basis on which one could form a reasonable suspicion justifying the arrest of Dr.Shihabdeen with regard to any offence and in particular with regard to any offence or unlawful activity defined and made punishable under the Prevention of Terrorism (Temporary Provisions) Act No: 48 of 1979.

The Petitioner states that to the best of his knowledge and belief that the purchase of the land and premises in Kurunegala caused jealousy and the perception that Dr. Shihabdeen had amassed wealth and that could have contributed to his illegal arrest and illegal detention. Faiszer Musthapha PC, with counsel Hejaaz Hizbullah, Hafeel Farisz, Shifan Maharoof and M.Jegatheeswary instructed by Razmara Abdeen appeared for the petitioners. Deputy Solicitor General Thusith Mudalige appeared for the Attorney General.

 


 

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