header logo
Latest
Supreme Court dismisses FR petition filed by Dr. Shafi
May 16, 202306:48 PM
Supreme Court dismisses FR petition filed by Dr. Shafi
Mobitel inner 1278

The Supreme Court today (16 May) dismissed the Fundamental Rights (FR) petition filed by Dr. Shafi Shihabdeen of the Kurunegala Teaching Hospital pertaining to his arrest. 

 

The order was issued by a three-judge bench  of the Supreme Court comprising of Justices Vijith Malalgoda, Yasantha Kodagoda and Arjun Obeysekera. upon presentation of the facts.

 

Appearing on behalf of the petitioner, President’s Counsel Faizer Mustapha informed the court that his client’s arrest was entirely in defiance of the law, as no sufficient evidence had been produced against his client at the time of the arrest.

 

The lawyer further stated that the arrest and detention of his client under the Prevention of Terrorism Act (PTA) was also non-compliant with the law.

 

Speaking in open court, however, the three-judge bench chaired by Justice Malalgoda pointed out that two weeks after the Easter Sunday terror attacks of 2019, large sums of money were transferred to and from the petitioner’s bank  accounts, as per the statements obtained from the relevant banks.

 

Thus, they noted that the arrest was therefore not illegal on any account, as it was made pertaining to the ongoing investigations into the series of bomb attacks at the time.

 

Justice Malalgoda further noted that Dr. Shafi had not provided sufficient details as to where the money in question came from when he was questioned by the police prior to his arrest, thereby adding that the court cannot interfere with police investigations.

 

Thus, upon presentation of several other facts to the court in this regard, the Supreme Court dismissed the FR petition filed by Dr. Shafi seeking an order declaring that his arrest in May 2019 and detention thereon was unlawful. 

 

Albeit the Police having stated that Dr. Shafi was arrested and remanded for allegedly amassing assets via suspicious means and performing illegal sterilisation surgeries, the petitioner emphasised that the police failed to mention any substantial reason for his arrest. 

 

Thus, he also requested that the court issue an order stating that his fundamental rights were violated by arresting and detaining him based on false and baseless allegation.

 

 

 

Disclaimer: All the comments will be moderated by the AD editorial. Abstain from posting comments that are obscene, defamatory or slanderous. Please avoid outside hyperlinks inside the comment and avoid typing all capitalized comments. Help us delete comments that do not follow these guidelines by flagging them (mouse over a comment and click the flag icon on the right side). Do use these forums to voice your opinions and create healthy discourse.

Comments

0
Comments are disabled

Note: Due to legal constraints, the Ada Derana Editorial team has taken a decision to disable comments on all articles concerning ongoing court procedures.

MostRead
Mobitel 1278
VideoStories
Litro Gas prices reduced; Milk tea and plain tea prices slashed

Litro Gas prices reduced; Milk tea and plain tea prices slashed

Over 100,000 people affected by prolonged drought in Sri Lanka

Over 100,000 people affected by prolonged drought in Sri Lanka

“This isn’t something new; Namal was imprisoned before, and so was I”

“This isn’t something new; Namal was imprisoned before, and so was I”

 Deadline ends for written submissions in relation to 22nd Amendment petitions

Deadline ends for written submissions in relation to 22nd Amendment petitions

Energy Minister assures uninterrupted power supply despite coal shortage

Energy Minister assures uninterrupted power supply despite coal shortage

SJB stages protest in Colombo against proposed 22nd Amendment Bill

SJB stages protest in Colombo against proposed 22nd Amendment Bill

Supreme Court concludes hearing of petitions challenging 22nd Amendment Bill

Supreme Court concludes hearing of petitions challenging 22nd Amendment Bill

Supreme Court concludes hearing of petitions challenging 22nd Amendment Bill

Supreme Court concludes hearing of petitions challenging 22nd Amendment Bill

 Sri Lanka approves US$1 million aid package for flood-hit Nepal

Sri Lanka approves US$1 million aid package for flood-hit Nepal

International drug trafficking network probed after 472kg of ‘Ice’ seized from Colombo Port

International drug trafficking network probed after 472kg of ‘Ice’ seized from Colombo Port

 Ex-Minister Piyankara Jayaratne convicted; Sentenced to seven years of rigorous imprisonment

Ex-Minister Piyankara Jayaratne convicted; Sentenced to seven years of rigorous imprisonment

‘Welle Saranga’ arrested in Dubai; Multiple drug trafficking and murder claims surface

‘Welle Saranga’ arrested in Dubai; Multiple drug trafficking and murder claims surface

“Public trust key to a strong police service” Another 10,000 new officers to be recruited

“Public trust key to a strong police service” Another 10,000 new officers to be recruited

“Loudspeaker misuse causing public inconvenience” Police to take stern action against offenders

“Loudspeaker misuse causing public inconvenience” Police to take stern action against offenders

"Govt. will not back down" Extension of judges’ retirement age a key reform,Justice Minister insists

"Govt. will not back down" Extension of judges’ retirement age a key reform,Justice Minister insists

Lassana Flora