FR filed by Bathiudeen brothers: Justice Samayawardena declines to hear

On Jul 5, 2021

Supreme Court Judge Mahinda Samayawardena yesterday recused himself from hearing two Fundamental Rights petitions filed by former Minister Rishad Bathiudeen and his brother Riyaj Bathiudeen challenging their arrest and detention in connection with the Easter Sunday Terror Attacks.

Justice Samayawardena, who was a member of yesterday’s Bench, declined to hear these petitions citing a personal reason.

Justice Samayawardena is the fourth Supreme Court Judge to refrain from hearing these two petitions.Justice Yasantha Kodagoda, Justice A.H.M.D. Nawaz and Justice Janak de Silva had earlier recused themselves from hearing these petitions.

Taking into consideration the facts Supreme Court three-judge-bench comprising Justice Murdu Fernando, Justice Achala Wengappuli and Justice Mahinda Samayawardena fixed the petitions for support on July 8.

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 Terror Attacks.

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 Shangary Thavarasha appeared for the petitioner.