Dr. Shafi’s FR re-fixed for support | Daily News


 

Dr. Shafi’s FR re-fixed for support

The Fundamental Rights petition filed by Dr. Shafi Shihabdeen, the controversial doctor attached to the Kurunegala Teaching Hospital was yesterday fixed for support on October 13 by the Supreme Court. When the petition came up before the Supreme Court two-judge-bench comprising Justice Vijith Malalgoda and Justice Yasantha Kodagoda, President’s Counsel Faisz Musthapha appearing for the petitioner sought further time to file counter objections regarding the petition.

Attorney Rushdie Habeeb who filed this petition on behalf of Dr. Shafi Shihabdeen has named Inspector Pushpalal, Officer-in-Charge of Crime Division, Kurunegala Police Station, the Officer-in- Charge, Kurunegala Police Station, DIG Kithsiri Jayalath, former CID Director SSP Shani Abeyasekera, acting IGP Chandana Wickremaratne, the Defence 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 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 Kurunegala 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.

Faisz 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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