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Rishad to file FR against arrest

26 Apr 2021

  • Complaint to be lodged at HRCSL

  • Police seek 90-day detention order from MoD

  The legal counsel representing the All Ceylon Makkal Congress (ACMC) Leader and parliamentarian Rishad Bathuideen and his brother, Riyaj Bathuideen, will be filing a fundamental rights (FR) petition in the Supreme Court (SC) on the basis of their alleged arbitrary arrest and detention. Speaking to The Morning, Attorney-at-Law (AAL) representing the suspect duo, Rushdhie Habeeb, said that an FR application is currently being drafted and would be filed at the SC soon, against their arbitrary arrest and detention. “The Director of the Criminal Investigation Department (CID) and the Secretary to the Ministry of Defence (MoD) would likely be named as the respondents,” added Habeeb. According to Habeeb, although a statement has not yet been recorded from Rishad Bathiudeen, he has, however, been subjected to occasional questioning. A statement released by Habeeb on 24 April, on behalf of the Bathuideen family, noted that no reason for their arrest had been given at the time of the arrest. Habeeb further said that since a note of arrest had not been given to the family of Bathuideen at the time of arrest, a complaint would also be filed with the Human Rights Commission of Sri Lanka (HRCSL). It was reported yesterday (26) that the Police had made an application to the Ministry of Defence to detain and interrogate the suspect duo for a period of 90 days. Rishad Bathiudeen and Riyaj Bathiudeen were arrested under the Prevention of Terrorism (Temporary Provisions) Act (PTA) early morning on 24 April. Police Media Spokesman Deputy Inspector General of Police (DIG) Ajith Rohana later said that they were arrested on the charge of aiding and abetting the 21 April 2019 Easter Sunday attackers. Rohana had further said that the investigations, including witness statements, material evidence, circumstantial evidence, scientific evidence, and technical evidence such as financial statements, had revealed that certain individuals had aided and abetted the suicide bombers. The report by the Presidential Commission of Inquiry (CoI) into the Easter Sunday bombings implicated Rishad Bathiudeen over contacting the former Army Commander, General Mahesh Senanayake, to seek relief with regard to a suspect who was arrested in connection with the said terror attacks. It had also recommended that the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) investigate the allegation of Rishad Bathiudeen providing money to a person linked to the attacks. “The arrest of Rishad Bathiudeen shows that the rule of law in the country has gone to the abyss. This anti-democratic move is reprehensible. They are taking advantage of such arrests to continue to market the fake propaganda aimed at achieving an electoral victory among the innocent Sinhalese people. The arrests of former Governor Azath Salley and AAL Hejaz Hizbullah are the same,” claimed Sri Lanka Muslim Congress (SLMC) Leader and MP Rauff Hakeem in a statement issued on 25 April. Meanwhile, Samagi Jana Balawegeya (SJB) MP Mujibur Rahman also raised similar allegations that Rishad Bathiudeen had been arrested as a distraction from the public’s displeasure towards the Government’s failures. He further claimed that the Government has failed to enforce the law against those who are truly responsible for the Easter Sunday attacks as had been ascertained by the said CoI. In a statement issued on social media, Tamil National People’s Front (TNPF) President MP Gajendrakumar Ponnambalam said that the TNPF vehemently condemned the arrest of Rishad Bathiudeen under the PTA, which is a “universally condemned draconian law”.

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