The Supreme Court’s three-judge bench, comprising Justices Priyantha Jayawardena, S. Thurairaja, and Kumuduni Wickremasinghe, fixed the Fr petition filed by Dr Shafi Shihabdeen for support on May 16.
Attorney Rushdie Habeeb, who is filing this petition on behalf of Dr. Shafi Shihabdeen, named Inspector Pushpalal, Officer-in-Charge of Crime Division, Kurunegala Police Station, the Officer-in-Charge, Kurunegala Police Station, CID Director, IGP Chandana Wickremaratne, the Defense Ministry Secretary, and the Attorney General as respondents.
The petitioner is challenging the arrest and detention of Dr Shafi Shihabdeen under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979.
The petitioner further sought an order declaring that Dr. Shihabdeen’s fundamental rights, guaranteed under Articles 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 respondent has 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 offense, and in particular with regard to any offense or unlawful activity defined and made punishable under the Prevention of Terrorism Act.
Faisz Musthapha PC, with counsel Hafeel Farisz, appeared for the petitioners.
