SC postpones inquiry into Rishad Bathiudeen’s FR case

Tuesday, 28 July 2020 01:56 -     - {{hitsCtrl.values.hits}}

By T. Farook Thajudeen

The Supreme Court yesterday postponed for 7 August the inquiry into the Fundamental Rights application filed by former Minister Rishad Bathiudeen over his imminent arrest and/or imminent illegal detention by the CID.

The inquiry into the application by the three Judges Priyantha Jayawardena, L.T.D. Dehideniya and Yasantha Kodagoda was postponed when one of the judges informed that he personally knows the Petitioner and wanted to step down from inquiring the petition.

Former Minister Rishad Bathiudeen had filed this application in the Supreme Court citing CID Special Investigation Unit OIC Ravindra Wimalasiri, CID OIC Mihindu Abeysekera, its Director Prasanna Alwis, DIG Nuwan Wedasinghe, Acting IGP C.D. Wickramaratne and Attorney General Dappula de Livera as Respondents for the petition. The Petitioner had filed this application in the Supreme Court in respect of the imminent illegal arrest and/or imminent illegal detention of the Petitioner which constitute a violation of the fundamental rights guaranteed to the Petitioner by the Constitution.

The Petitioner pleaded to grant a Leave of Proceed of the application and to issue notice on the Respondents. Further to declare that there is a violation or imminent violation of the fundamental rights of the Petitioner under Article 12 (1), 12 (2), 13 (1), and 14 (1)(f) of the Constitution.

The Petitioner pleaded the grant of an Interim Order restraining the Respondents from arresting him on an allegation of having committed an offence relating to the bombing which took place on Easter Sunday 2019 or any other terrorist activity until the final determination of the case.President’s Counsel Faiz Musthapha, instructed by Gowrie Sangari Thavarasha, appeared for Rishad Bathiudeen, and State Counsel Kanishka de Silva Balapatabendi appeared for the Attorney General.

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