A writ petition filed by former Minister Rishad Bathiudeen’s brother Riyaj Bathiudeen was yesterday dismissed by the Court of Appeal, at the preliminary stage (in limine).
A Court of Appeal two-judge-Bench comprising Justice Mahinda Samayawardena and Justice Arjuna Obeysekera made this order after taking into consideration submissions made by counsel for petitioner, Attorney General and counsel for the intervenient petitioner.
Through this application, Riyad Bathiudeen had sought an Interim Order preventing police from re-arresting him in relation to the investigations connected with the Easter Sunday terror attacks.
The petitioner had named Acting IGP C.D. Wickremaratne, former DIG attached to Criminal Investigations Department Nuwan Wedasinghe, CID director Prasanna de Alwis, the Attorney General and several others as respondents in the petition.
The petitioner Riyaj Bathiudeen stated that he was arrested by the CID on April 14, 2020 and kept under detention custody over a period of five-and-a-half-months for interrogation.
The petitioner said his arrest was politically motivated and made solely with a view to tarnish the image of his brother Rishad Bathiudeen.
The petitioner said he was released by CID last September 29 following the conclusion of investigations, on the basis of lack of evidence against him.
Riyaj Bathiudeen further said that certain Parliamentarians and individuals are trying to arrest him again and tarnish his brother’s image.
This petition had been filed through Attorney-at-Law Gowry Shangary Thavarasa. President’s Counsel Faiz Mustapha appeared for the petitioner Riyaj Bathiudeen. Senior Additional Solicitor General Sarath Jayamanna appeared for the Attorney General.
President’s Counsel Sanjeewa Jayawardena, Counsel Rukshan Senadheera and Manisha Dissanayake appeared for the
intervention petitioner, Rev. Fr. Lorenz Ramanayake.