Justice Janak de Silva declines to hear the FR petition filed by Azath Salley

June 02, 2021

Supreme Court Judge Janak de Silva today (2) recused himself from hearing the Fundamental Rights petition filed by former Governor of Western Province Azath Salley. Azath Salley had filed a fundamental rights petition in the Supreme Court seeking an order to release him from CID custody. Justice Janak De Silva, who is a member of today's bench, declined to hear this petition for the reasons he was presiding the Presidential Commission in connection with the Easter Sunday attacks. Salley was arrested by CID and currently being detained over controversial remarks he made detrimental to ethnic-religious harmony in the country. Deputy Solicitor General Dileepa Pierisappearing for the Attorney General informed the court that investigations into the controversial statement made by the petitioner have almost been concluded. Supreme Court three-judge-bench comprised Justice Sisira de Abrew, Justice MurduFernando and Justice Justice Janak de Silva. Filing this petition through his lawyer, AzathSalley alleged that he was arrested on baseless charges and seeking a declaration that his fundamental rights have been violated by the respondents through his arrest and detention. The petition had named the IGP, CID Director, Minister of Public Security and Secretary to the Ministry of Public Security and Attorney General as respondents. The petitioner stated that he addressed a press conference held on March 9 stating that the affairs of the Muslim people of Sri Lanka should be governed under Muslim law. The petitioner states that following the media conference relating to this incident, he was arrested by CID under the Prevention of Terrorism Act (PTA). The petitioner alleged that police have so far failed to produce him before a Magistrate. He denied the allegations that he involved in the Easter Sunday attack.

Justice Janak de Silva declines to hear the FR petition filed by Azath Salley

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