The Supreme Court today re-fixed to September 27 for granting of leave to proceed with the fundamental right petition filed on behalf of Dr. Mohamed Shafi Shihabdeen of the Kurunegala Teaching Hospital.
The Bench comprised Justices Sisira J. De Abrew, Prasanna S. Jayawardena and Vijith K.Malalgoda.
Dr Shafi filed a FR petition against his arrest and detention by the CID.
In his petition filed through his Attorney Rushdie Habeeb he states that his arrest was the result of jealousy over the purchase of three blocks of land worth Rs.130 million in Kurunegala.
He said these lands had been purchased jointly by three persons and denied having sterilised women and pointed out the sterilising allegation had not been supported by clinical evidence and seeks an order from court quashing the detention order issued under the Prevention of Terrorism Act (PTA). He is also seeking an interim order staying his detention by the CID.
He cited Defence Secretary Yasantha Kodagoda, Attorney General Dappula de Livera, Acting IGP C. Wickremaratne, Kurunegala OIC (Crimes) Pushpalal, the Kurunegala OIC, Kurunegala DIG Kithsiri Jayalath, and CID Director Shani Abeyasekara as respondents.
Faisz Musthapha PC with Razeed Zarook PC, Faiza Markar and Hejaz Hisbullah appeared for Dr Shafi.
The petitioner states that the respondents have acted maliciously, arbitrarily and illegally in arresting and detaining him. (S.S. Selvanayagam)