Tue, 21 Sep 2021 Today's Paper

Habeas corpus applications on behalf of lawyer Hejaaz Hisbullah

18 April 2020 12:10 pm - 7     - {{hitsCtrl.values.hits}}

A A A

Two Habeas Corpus Applications were yesterday filed in the Court of Appeal on behalf of senior lawyer Hejaaz Hisbullah who was arrested by the CID allegedly over his links to the Easter Sunday bombers.

The two petitions were filed by the lawyer's brother and the father through Attorneys-at-Law Sanath Wijewardene and Gowry Thavarasha seeking the Court to direct the respondents to release and discharge lawyer Hejaz Hisbullah from custody /detention.

The petitioners cited Acting IGP and the Director of the CID as well as the Attorney General as respondents. The petitioners challenge, inter alia, the alleged unlawful arrest and consequent detention of the lawyer (believed to be arrested by, and currently in the custody of the Criminal Investigations Department) and seek a mandate discharging or releasing him from detention/custody.

The petitioners are seeking an Interim Order directing the respondents to release and / or discharge the corpus Hejaz Hisbullah forthwith from detention /custody until the final determination. They are asking the Court to direct the respondents to permit Attorneys-at-Law access to obtain instructions from the corpus in confidence for the purpose of prosecuting his application and / or any other proceedings before a Court of law.

The petitioners are pleading Court to grant the costs of their Applications or in the circumstances of the case grant them the exemplary costs at Court’s discretion. They state that to the best of the petitioners knowledge the Corpus was Trustee in the Trust by the name of “Save the Pearls”. The said Trust is dedicated to the welfare of orphans and/or children who are deemed to be vulnerable. They state that the Corpus had previously been questioned by officers of the Criminal Investigations Department and all times material, he had duly placed all relevant facts before the said officers with regard to the discharge of his professional duties relating to Mr. Ibrahim. They state the following took place on April 14th 2020;

a) The Corpus had received a call at around 4.00 pm purportedly from a person identifying himself as from the Ministry of Health. The said person had asked the Corpus if he withdrew cash from a specific ATM machine, to which the Corpus had responded in the affirmative.

b) The Corpus was thereafter informed to stay at his house and to expect a visit from officials of the Ministry of Health

c) The Corpus, his wife an Egyptian national and his Mother in Law accordingly stayed at home awaiting a visit from officials of the Ministry of Health.

d) Accordingly the Corpus and the family had verily believed that they had contracted Covid-19 from the ATM machine and/or any other place resulting in the said call and eventual visit.

e) At around 5.00 pm five persons including a female, had arrived at the residence of the Corpus. The Corpus had thereafter been handcuffed and asked to sit on a sofa in the house.

f) The said persons had questioned the Corpus with regard to phone numbers. The persons had read out phone numbers and they had dialed the numbers from the phone of the Corpus identifying certain numbers.

g) During the questioning one of the persons had received a call. He had proceeded out of the vicinity of the Corpus and returned. He thereafter had removed the handcuffs off the Corpus.

h) The said persons thereafter proceeded to the Law Chamber of the Corpus.

i) They had inter alia ordered the Corpus to give them access to the two case files of Mr. Ibrahim relating to two District Court cases in which the Corpus had been retained by Mr Ibrahim to appear on his behalf. The Corpus had duly obeyed the said orders and given the files to the persons.

j) The said persons had then recorded a short statement from the Corpus. His wife was ordered to place her signature on a statement written in Sinhalese which she did.

k) The Corpus was then ordered to be present at the Criminal Investigations Department on the 15th of April 2020.

l) Shortly thereafter one of the persons received a call. The said person had then informed the Corpus and his wife that the Corpus should accompany them to the Criminal Investigations Department.

m) One of the said persons accompanied the Corpus in his vehicle followed by another vehicle in which the other persons travelled.

n) At around 7.50 pm the Corpus had arrived at the house of one of his juniors Mr. Chalana Perera

o) Mr. Perera had got into the vehicle which the Corpus was driving and proceeded to the Criminal Investigations Department

p) Thereafter the Corpus, Mr. Perera and the other persons had taken the Corpus to the 4th floor of the Criminal Investigations Department.

q) Following a period of waiting the Corpus had been questioned for around half an hour.

r) Mr. Perera was thereafter informed by the Corpus that he was to be arrested.

s) No reason for his arrest was provided to the best of the petitioners knowledge.

They state that the Corpus is a well known advocate of civil and political rights including highlighting the need for due recognition of the rights of ethnic and religious minorities especially Muslims, and has in recent times been vociferous in criticizing the decision of authorities to require the mandatory cremation of persons dying of the coronavirus which is insensitive to the religious sentiments of the Muslims. They state that the said arrest and detention is mala fide and is calculated to penalise the Corpus for such activities and obstruct him from engaging in such activities. (S. S. Selvanayagam)

See Kapruka's top selling online shopping categories such as Toys, Grocery, Flowers, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka's unique online services such as Money Remittence,News, Courier/Delivery, Food Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka.

  Comments - 7

See Kapruka's top selling online shopping categories such as Toys, Grocery, Flowers, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka's unique online services such as Money Remittence,News, Courier/Delivery, Food Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka.

 

  • Gayan Saturday, 18 April 2020 02:19 PM

    So there is a different law for lawyers?

    Bandara Saturday, 18 April 2020 08:32 PM

    Anywhere mentioned as he demanded a different law for him ?

    Jude Sunday, 19 April 2020 09:42 AM

    RW and his government responsible for the Bloody barbaric attack on Easter Sunday !! Ranil completely ignored the Inteligence reports on ISIS attacks in SL !!! Ranil wanted to continue to hold power with the help of handful of Muslim MP's !! In the the process Ranil kept blind Eye on ISIS extremists organising in SL and things like Batti Sharia University which is building with FOREIGN funding in the amounts of Rs.5 Billion, that was NOT officially channelled to SL !!!

    Jude Sunday, 19 April 2020 09:44 AM

    Believe me!! THESE guys gonna walk Scot- free soon!!!

    Jude Sunday, 19 April 2020 09:48 AM

    Let me put it this way!! Ranil squarely responsible for the Easter Sunday attacks purely for the reason Ranil led Yahapalanaya gov't FAILED to ACT on intelligence reports!! Waiting for the day to piss on his grave!! Yeah!!!

    M.C. Jayawardena, Attorney At Law Sunday, 19 April 2020 10:42 AM

    It is not relevant whether he is an AAL or not. All citizens are bound by the law of the land and if an offence is committed, obey the law without fear and face the results where you may be discharged or acquitted or else be punished. Good luck to him.

    sunil vijaya Monday, 20 April 2020 02:53 AM

    ALL WAHAABIS MUST BE ARRESTED irrespective of their minority crap, profession crap! party affiliations crap!!!! IN FACT all wahaabis in sri lanka should be asked whether they would like to LIVE IN SAUDI AND PAKISTAN - if they wish they should be shipped there. THIS WAHAABI MENACE and sharia law menace will exasperate OUR SINHALA FOOL will never realise this BECAUSE OF SLOPPINESS OF SINHALAYA. airport and airforce attack at katunayakaa by tiger sakkilis were purely due to SLOPPINESS of SINHALAYA.


Add comment

Comments will be edited (grammar, spelling and slang) and authorized at the discretion of Daily Mirror online. The website also has the right not to publish selected comments.

Reply To:

Name - Reply Comment




See Kapruka's top selling online shopping categories such as Toys, Grocery, Flowers, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka's unique online services such as Money Remittence,News, Courier/Delivery, Food Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka.

 


Mysterious disease killing pups!

A mysterious respiratory disease affecting puppies in the Central Province is

Jacqueline Fernandez; Lankan Star Shining in Indian Film Sky

Sri Lanka’s Jacqueline Fernandez who has made a name for herself in India

Young families share stories of pregnancy in a pandemic

For hundreds of expectant and new mothers, pregnancy and childbirth are nothi

“Your travel plans should not come first” – Dr. Dinu Guruge

In a recent live discussion on fighting the Covid-19 pandemic hosted by Daily