Supreme Court Judge Janak de Silva today (28) recused himself from hearing the Fundamental Rights petition filed by former Minister RishadBathiudeen.

Bathiudeen filed a Fundamental Rights petition in Supreme Court seeking an interim order to release him forthwith from the custody of the Criminal Investigations Department (CID).

Justice Janak De Silva, who is a member of today’s bench, declined to hear this petition for the reason that he was presiding over the Presidential Commission, which made recommendations against the petitioner.

Senior State Counsel Dr Awanthi Pereraappearing for the Attorney General informed  Court that she needs to obtain instructions from the Respondents. She further submitted to the court that the Attorney General is expecting to file limited objections against the petition.

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

Bathiudeen states that as he is extremely vulnerable to being affected by the fast-spreading Covid 19 Pandemic in Sri Lanka and 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 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 Ramadhan, preventing him from effectively practising his religion. He said his daughter was to sit for the London International General Certificate of Secondary Education (IGCSE) Examination on 26th April 2021. He said his daughter could not properly get ready for the said examination due to the humiliating and illegal arrest and detention.

The Petitioner further states, that grave loss and damage have been caused to the Petitioner, and the members of his family due to the violation of his Fundamental Rights by the Respondents, and it is just and equitable that the Petitioner is awarded compensation in a sum of Rs. 5,000 million, as compensation in respect of the violations of his Fundamental Rights.

Bathiudeen has cited IGP, CID Director, DIG in charge of CID, Attorney General and several others as respondents.


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