Supreme Court Judge Janak de Silva yesterday recused himself from hearing the Fundamental Rights petition filed by former Governor of Western Province Azath Salley.
Azath Salley had filed a Fundamental Rights petition in the Supreme Court seeking an order to release him from CID custody.
Justice Janak De Silva, who is a member of today’s Bench, declined to hear this petition for the reason he was presiding the Presidential Commission in connection with the Easter Sunday attacks.
Salley was arrested by CID and is currently being detained over controversial remarks he made detrimental to ethnic religious harmony in the country.
Deputy Solicitor General Dileepa Pieris appearing for the Attorney General informed court that investigations into controversial statement made by the petitioner have almost been concluded.
Accordingly, Supreme Court three-judge-bench comprising Justice Sisira de Abrew, Justice Murdu Fernando and Justice Janak de Silva fixed the petition for support on June 14.
Filing this petition through his lawyer, Azath Salley alleged that he was arrested on baseless charges and is seeking a declaration that his fundamental rights have been violated by the respondents through his arrest and detention.
The petition had named the IGP, CID Director, Minister of Public Security and Secretary to the Ministry of Public Security and Attorney General as respondents.
The petitioner stated that he addressed a press conference held on March 9 stating that the affairs of the Muslim people of Sri Lanka should be governed in accordance with Muslim law.
The petitioner states that following the media conference relating to this incident, he was arrested by CID under the Prevention of Terrorism Act (PTA). The petitioner alleged that police have so far failed to produce him before a Magistrate.
He denied allegations that he was involved in the Easter Sunday attack.
President’s Counsel Faisz Musthapha with Maithri Gunaratne PC, Counsel Pulasthi Rupasinghe instructed by Senior Attorney-at-law Gowry Shangary Thavarasha appeared for the petitioner.
Deputy Solicitor General Dileepa Pieris appeared for the Attorney General.
