Supreme Court Judge Yasantha Kodagoda today (4) recused himself from hearing the Fundamental Rights petitions filed by former Minister Rishad Bathiudeen and his brother Riyaj Bathiudeen.

The Bathiudeen brothers had filed Fundamental Rights petitions in Supreme Court seeking an interim order to release them forthwith from the custody of the Criminal Investigations Department (CID).

Justice Kodagoda, a member of today’s bench, declined to hear these petitions citing personal reasons.

On the 28th of may, Justice Janak de Silva also declined to hear these petitions since he presided over the Presidential Commission that made recommendations against the petitioners.

Taking into consideration the facts, the three-judge bench of the Supreme Court comprising Chief Justice Jayantha Jayasuriya, Justice S.Thurairaja and Justice Yasantha Kodagodafixed the petition for support on the 11th of June.

In his petition, Rishad 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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