Another judge recuses himself from hearing Bathiudeen brothers’ FR petitions

Yet another judge has recused himself from hearing the 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 the three-member judge bench consisting of Supreme Court Judges Preethi Padman Surasena, A. H. M. D Navas, and Achala Vengappuli earlier today (June 23).

However, Judge Janak de Silva, citing a personal reason recused himself from the petition hearing.

This is the third judge to recuse themselves from the particular hearing.

On two previous occasions, Supreme Court Judges Janak de Silva and Yasantha Kodagoda recused themselves from the hearing. They both cited personal reasons.

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.