The Attorney General today informed Supreme Court that the Minister of Defence had declined to allow a request made by Parliamentarian Rishad Bathiudeen to be restricted to his place of residence from CID custody.
Deputy Solicitor General Madhawa Tennakoon appearing for the Attorney General made these remarks when the two Fundamental Rights petitions filed on behalf of former Minister Rishad Bathiudeen and his brother Riyaj Bathiudeen challenging their arrest and detention in connection with the Easter Sunday attacks were taken up for support.
Accordingly, Supreme Court three-judge-bench comprising Justice Vijith Malalgoda, Justice Gamini Amarasekara and Justice Murdu Fernando fixed the petitions for further submissions on July 28.
Rishad Bathiudeen is currently being detained at the Criminal Investigations Department (CID) under the detention order issued under the Prevention of Terrorism in connection with the Easter Sunday attacks.
Presidentâs Counsel Faiz Mustapha appearing on behalf of Parliamentarian Rishad Bathiudeen had made an application 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 Pandemic 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 Supreme Court.
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Who is the law here? The defence minister or the judiciary?