AG to raise objections against Bathiudeen’s FR petition | Daily News

AG to raise objections against Bathiudeen’s FR petition

Limited objections will be filed against the Fundamental Rights petition filed by former Minister Rishad Bathiudeen, the Attorney General informed the Supreme Court 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 Investigations Department (CID).

Senior State Counsel Dr. Awanthi Perera informed the Court that she needs to obtain instructions from the Respondents.

She further stated that she intends submitting limited objections in this matter in order to assist the Court and she undertook to file Limited Objections by June 1.

Meanwhile, Justice Janak De Silva, who is the member of yesterday’s Bench, declined to hear this petition

since he was presiding over the Presidential Commission which made recommendations against the petitioner in this case.

Taking into consideration the facts Supreme Court three-judge-Bench comprising Justice Vijith Malalgoda, Justice Kumuduni Wickremasinghe and Justice Janak de Silva fixed the petition for support on June 4.

Anil Silva PC with Faisz Musthapha PC, instructed by senior counsel Gowry Shangary Thavarasha appearing for the petitioner.

Bathiudeen is also seeking an interim order to suspend the operation of the detention order until the final determination of this petition.

The petitioner had named Inspector General of Police, CID Director, DIG in charge of CID, Attorney General and several others as respondents.

Bathiudeen states that he is extremely vulnerable to being affected by the fast spreading Covid 19 Pandemic in Sri Lanka. He said there is a grave threat to his life by being detained at the CID as he is exposed to other detainees and officers of the CID. He states that grave irreparable loss and damage would be caused to him unless interim relief is granted by the Supreme Court.

The petitioner said he was arrested in a humiliating manner on false and malicious allegations. He further said defamatory statements were 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 to sit for the London International General Certificate of Secondary Education (IGCSE) Examination on 26th April. He said his daughter could not properly get ready for the said examination due to the humiliating and illegal arrest and detention.

The petitioner is also seeking a declaration that the Petitioner’s Fundamental Rights guaranteed to him under Article 12(1), 12(2) 13(1)13(2) of the Constitution has been violated by the arbitrary arrest and detention.

The Petitioner alleged that the purported detention order has not been made in terms of the law and thereby there is no basis on which the Petitioner could be justifiably detained.

The Petitioner denies that the he aided and abetted the suicide bomb attack carried out by Ibrahim Inshaf Ahamed on 21.04.2019.