SC judge recuses himself from considering Bathiudeen brothers’ FR petitions

Supreme Court Judge Janak de Silva has recused himself from consideration of Fundamental Rights (FR) petitions filed by MP Rishad Bathiudeen and his brother Riyaj Bathiudeen challenging their arrest and detention over the 2019 Easter Sunday terror attacks.

The FR petitions were taken up before three-member judge bench consisting of Supreme Court Judges Vijith Malalgoda, Kumudini Wickremesinghe and Janak de Silva earlier today (May 28).

However, Judge Janak de Silva, citing a personal reason as he was a member of the Presidential Commission of Inquiry (PCoI) which probed the carnage, recused himself from petition hearing.

The two FR petitions were then scheduled to be taken up again on the 4th of June.

Appearing on behalf of the respondents, Senior State Counsel Avanthi Perera sought more time to consult the clients concerning the applications and to file brief objections.

The Criminal Investigation Department took Samagi Jana Balawegaya (SJB) parliamentarian and his brother into custody in the early hours of April 24 over their alleged links to the deadly blasts.

The duo was initially detained for 72 hours under the provisions of the Prevention of Terrorism Act (PTA). However, the CID later obtained permission to detain the two brothers for 90 days for further interrogations.

Denying the accusations claiming that they aided and abetted the suicide bombers who perpetrated the Easter Sunday bombings, the Bathiudeen brothers filed two separate FR petitions seeking a Supreme Court order stating that their fundamental rights were violated through this recent arrest and detention. They further sought an interim order for their release.

The Director, Chief Inspector, Deputy Inspector-General (DIG) and the Officer-in Charge (OIC) of the Criminal Investigation Department as well as the Inspector-General of Police and the Attorney General have been named as the respondents of the petitions.