By Lakmal Sooriyagoda   

Supreme Court Judge Yasantha Kodagoda on Thursday (10)  recused himself from hearing the Fundamental Rights petition filed by  former CID Director Shani Abeysekara.   

Through this petition, the former CID Director is seeking an  order preventing the CID from arresting him in respect of the allegations  mentioned at the Kuliyapitiya Magistrate’s Court relating to Easter  Sunday attacks.  
Justice Kodagoda who was a member of yesterday’s bench declined to hear this petition citing a personal reason.  
President’s Counsel Saliya Pieris appearing for the  petitioner moved court that the petitions filed by Shani Abeysekara and  former CID Chief Ravi Seneviratne be taken up together on the next date  since they encounter the same issue.  

Taking into consideration the facts, Supreme Court  three-judge-bench comprising Justice S.Thurairaja, Justice Yasantha  Kodagoda and Justice Mahinda Samayawardena fixed the petition for  support on April 7.  
Former CID Director also seeking an order restraining President Gotabaya  

Rajapaksa from issuing a detention order in terms of  section 9(1) of the Prevention of Terrorism Act (PTA) in his capacity as  the Minister of Defence in respect of the allegations set out in a  B-Report at Kuliyapitiya Magistrate’s Court.  

Shani Abeysekara said he became aware that on February 10,  2022, a B report has been filed by Chief Inspector Lalitha Dissanayake  alleging that as a result of the serious omissions made by the  Petitioner paved the way to the Easter Sunday attack.   

Abeysekara further said the respondents are attempting to  falsely implicate him by launching a biased, illegal and unreasonable  investigation based on a false and belated anonymous petition alleging  that he was derelict in his duties during the investigations of NTJ and Zahran.  

The petitioner said the respondents are seeking to have him arrested and detained under the PTA or remanded in mala fide.   

The petitioner states that respondents ASP Meril Ranjan  Lamahewa, Chief Inspector Niroshini Hewapathirana and Chief Inspector  Induka Silva being the supervising officer and the inquiring officers respectively have an animosity towards the petitioner since petitioner has taken several disciplinary actions against them while he was in service.   
The petitioner states that therefore these respondents are  disqualified to hold any inquiry against the petitioner on the anonymous  petition. 

 
President’s Counsel Saliya Pieris instructed by  Attorney-at-law Manjula Balasooriya appeared for the petitioner.  Additional Solicitor General Haripriya Jayasundara appeared for the  Attorney General.