The Fundamental Rights petition filed by Dr. Shafi Shihabdeen, who was at the centre of the controversy surrounding the alleged sterilisation of female patients was today fixed for support by Supreme Court. 

The Supreme Court three-judge-bench comprising Justices Priyantha Jayawardena, S. Thurairaja and Kumuduni Wickremasinghe fixed the petition for support on May 16.  

Attorney Rushdie Habeeb filing this petition on behalf of Dr. Shafi Shihabdeen named Inspector Pushpalal, Officer-in-Charge of Crime Division, Kurunegala Police Station, the Officer-in- Charge, Kurunegala Police Station, CID Director, IGP Chandana Wickremaratne, the Defence Ministry Secretary and, the Attorney General as respondents.

The Petitioner is challenging the arrest and detention  of Dr. Shafi Shihabdeen under the Prevention of Terrorism (Temporary Provisions) Act No: 48 of 1979.

The Petitioner further further sought an order declaring that Dr. Shihabdeen’s Fundamental Rights guaranteed under Article 12(1), 12(2), 13(1), 13 (2) and 14(1)(g) have been violated by the illegal arrest and illegal detention purportedly under a detention order as stated in the report filed in the Kurunegela Magistrate’s Court.

The Petitioner states that the Respondents have acted maliciously, arbitrarily and illegally in arresting and detaining Dr. Shihabdeen. The Petitioner further said that Dr. Shihabdeen’s arrest, detention and continued detention are “illegal, unreasonable, disproportionate and an abuse of power”.

The petitioner maintained that there was no basis on which one could form a reasonable suspicion justifying the arrest of Dr. Shihabdeen with regard to any offence and in particular with regard to any offence or unlawful activity defined and made punishable under the Prevention of Terrorism  Act.

Faisz Musthapha PC, with counsel Hafeel Farisz appeared for the petitioners. (Lakmal Sooriyagoda)