Bathiudeen seeks order under PTA directing that he be home bound

On Jul 8, 2021

MP Rishad Bathiudeen through his lawyer yesterday sought an interim order directing that he be restricted to his place of residence, until the final determination of his Fundamental Rights petition. Bathiudeen is currently

being detained at the Criminal Investigations Department (CID) following a detention order issued under the Prevention of Terrorism Act in connection with the Easter Sunday attacks.

President’s Counsel Faiz Mustapha appearing on behalf of Bathiudeen made this request when the two Fundamental Rights petitions filed on behalf of former Minister Rishad Bathiudeen and his brother Riyaj Bathiudeen were taken up for support.

Mustapha 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 powers to make an order- restriction of movement of a suspect to a place of residence. Mustapha stated that as his client is extremely vulnerable to being affected by the fast-spreading COVID-19 epidemic in Sri Lanka and there is a grave threat to his life by being detained at the CID. He said grave irreparable loss and damage would be caused to him unless interim relief is granted by the Supreme Court.

The Attorney General’s consideration in this regard is to be conveyed to the Court 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.

Faiz Musthapha PC with Anil Silva PC and Counsel Pulasthi Hewamanna instructed by senior counsel Gowry Shangary Thavarasha appeared for the petitioners.

Deputy Solicitor General Madhawa Tennakoon with Senior State Counsel Awanthi Perera appeared for the Attorney General.