Parliamentarian Rishad Bathiudeen through his lawyer today, sought an interim order from the Supreme Court to restrict him to his place of residence, from the CID custody, until the final determination of his Fundamental Rights petition.
Rishad Bathiudeen is currently in the Criminal Investigations Department (CID) under a detention order issued in terms of the Prevention of Terrorism Act. He is in custody in connection with the Easter Sunday attacks.
President’s Counsel Faiz Musthapha, appearing on behalf of Rishad Bathiudeen, made this request when the two Fundamental Rights petitions filed on behalf of him and his brother Riyaj Bathiudeen came up before the Supreme Court.
Musthapha made this request in terms of Section 11 of the Prevention of Terrorism Act (PTA). According to section 11 of the PTA, the Defence Minister has the power to make an order- restricting the movement of a suspect to a place of residence.
Musthapha stated that as his client is extremely vulnerable to the fast-spreading Covid 19 Pandemic in Sri Lanka and there is a grave threat to his life by detaining him at the CID. He said grave and irreparable loss and damage would befall him unless the Supreme Court grants him interim relief.
The Attorney General’s opinion regarding this request will be informed on July 15.
The two Fundamental Rights petitions were taken up before Supreme Court three-judge-bench comprising Justice Vijith Malalgoda, Justice Gamini Amarasekara and Justice Murdu Fernando.
Faiz Mustapha PC yesterday commenced his oral submissions while supporting two Fundamental Rights petitions filed on behalf of the Bathiudeen brothers. Deputy Solicitor General Madhawa Tennakoon is to commence his oral submissions on July 15.
The Bathiudeen brothers had filed Fundamental Rights petitions in Supreme Court seeking an interim order to release them forthwith from the custody of the CID.
They had been arrested and detained in connection with the Easter Sunday attacks.
The petitioners had named Inspector General of Police, CID Director, DIG in charge of CID, Attorney General and several others as respondents.
Fourth SC judge declines to hear the case of Bathiudeen brothers.
