Supreme Court Judge A.H.M.D. Nawaz has recused himself from hearing the Fundamental Rights petitions filed by former Minister RishadBathiudeen and his brother Riyaj Bathiudeen.

Justice Nawaz who was the member of thebench, declined to hear these petitions citing a personal reasons.

Justice Nawaz is the third Supreme Court Judge to refrain from hearing these two petitions.

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). They had been arrested and detained in connection with the Easter Sunday attacks.

Taking into consideration the facts Supreme Court three-judge-bench comprising Justice Preethi Padman Surasena, Justice A.H.M.D. Nawaz  and Justice Achala Wengappuli fixed the petition for support on July 6.

On June 4, Justice Yasantha Kodagoda also declined to these petitions citing a personal reason.

On May 28, Justice Janak de Silva also declined to hear these petitions for the reasons he was presiding the Presidential Commission which made recommendations against the petitioners.

The petitioners had named Inspector General of Police, CID Director, DIG in charge of CID, Attorney General and several others as respondents.

Anil Silva PC with Faisz Musthapha PC, instructed by senior counsel Gowry ShangaryThavarasha appearing for the petitioner.

In his petition, Rishad Bathiudeen is also seeking an interim order to suspend the operation of the detention order until the final determination of this petition.

Bathiudeen states that he is extremely vulnerable to being affected by the fast spreading Covid 19 Pandemic in Sri Lanka. He said 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 practicing his religion. He said his daughter was to sit for the London International General Certificate of Secondary Education (IGCSE) Examination on 26thApril 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 to 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 be awarded compensation in a sum of Rs. 5,000 million as compensation in respect of the violations of his Fundamental Rights.

The petitioner is also seeking a declaration that the Petitioner’s Fundamental Rights guaranteed to him under Article 12(1), 12(2) 13(1)13(2) of the Constitution has been violated by the Arbitrary arrest and detention.

The Petitioner alleged that the purported detention order has not been made in terms of the law and thereby there is no basis on which the Petitioner could be justifiably detained

The Petitioner denies that the he aided and abetted the suicide bomb attack carried out by Ibrahim Inshaf Ahamed on 21.04.2019.


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