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Riyaj Bathiudeen’s petition rejected by Court of Appeal
View(s):The Court of Appeai, on Tuesday, dismissed a petition filed by Riyaj Bathiudeen, brother of Parliamentarian Rishad Bathiudeen, seeking to prevent his re-arrest in connection with the Easter Sunday terrorist attacks.
On behalf of the respondents, Senior Additional Solicitor General Sarath Jayamanne PC argued the essence of Riyaj’s petition was to prevent further investigations into the Easter Sunday terrorist attacks.
He told the court, given the complexity of the ongoing investigations and in the event of any new evidence emerging, any order preventing a petitioner’s arrest would hinder the course of justice.
Appearing for petitioner Riyaj Bathiudeen, President’s Counsel Faisz Musthapha argued the Attorney General had no authority to direct further investigations after the CID had already released the petitioner, as there was no material available to detain him.
The petitioner said he was arrested on April 14 this year, in connection with the Easter Sunday terror attacks and was detained by the CID for nearly six months. He said he was released on September 29 due to lack of evidence, and later the Attorney General had directed the CID to conduct further investigations.
The petitioner said there was a possibility of his re-arrest and sought a court order preventing such an arrest.
Fr. Lawrence Ramanayake, the Director of the Colombo Archdiocese’s social action arm Seth Sarana – Caritas, also filed a petition on behalf of Colombo Archbishop Malcolm Ranjith, seeking to intervene in proceedings to challenge Riyaj’s petition. Sanjeewa Jayawardane PC appeared for Fr. Ramanayake.