Justice Nawaz declines to hear Azath Salley’s petition

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Supreme Court Judge A.H.M.D. Nawaz today recused himself from hearing the Fundamental Rights petition filed by former Western Province Governor Azath Salley.

Azath Salley had filed a fundamental rights petition in the Supreme Court seeking an order to release him from CID custody.

Justice Nawaz who was a member of yesterday's bench declined to hear this petition.

Accordingly, the Fundamental Rights petition filed by Azath Salley seeking an order to release him from CID custody was yesterday re-fixed for August 27 by Supreme Court three-judge-bench comprising Justice Murdu Fernando, Justice S. Thurairaja and Judge A.H.M.D. Nawaz.

Deputy Solicitor General Dileepa Pieris informed Court that indictments have been filed in Colombo High Court against Azath Salley in connection with the controversial statement he made on March 9 this year.

The indictments have been filed against Salley for committing offences to come under the Prevention of Terrorism Act (PTA)and the International Covenant on Civil and Political Rights (ICCPR) Act.

Salley was arrested by CID and is currently being detained over controversial remarks he made detrimental to ethnic-religious harmony in the country.

Filing this petition through his lawyer, Azath Salley alleged that he was arrested on baseless charges and 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 by 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 the allegations that he was involved in the Easter Sunday attack.

President’s Counsel Faiz Musthapha with Counsel Rushdhie Habeeb instructed by Senior Attorney-at-law Gowry Shangary Thavarasha appeared for the petitioner. (Lakmal Sooriyagoda)