The Supreme Court on last Friday (21) issued an order to transfer former Western Province Governor Azath Salley to the Merchants Ward of the Colombo National Hospital with the approval of Health authorities.
Salley was arrested by CID and currently being detained over controversial remarks he made detrimental to ethnic and religious harmony in the country.
Subsequently, he filed a Fundamental Rights petition in the Supreme Court seeking an order to release him from CID custody.
President’s Counsel Faisz Musthapha appearing for Salley informed Court that his client was transferred to the General Hospital on May 16, 2021 in view of a health condition and thereafter he was at the ICU and was transferred back to ward No.49 where he is currently being treated.
Musthapha urged the three-Judge-Supreme Court Bench comprising Justice Murdu Fernando,S.Thurairaja and Justice Mahinda Samayawardhena to transfer his client to the Merchants Ward in view of the present pandemic situation.
Deputy Solicitor General Dileepa Pieris appearing for the Attorney General informed Court that all possible assistance has been given to the detainee with regard to his health condition. Pieris told court that he has no objection to the application made by Mr. Musthapha to transfer the detainee to the Merchant Ward with the approval of the health authorities.
In view of the submissions made by parties, the Supreme Court made an order to effect the said transfer with the approval of the health authorities. The case was re-fixed for support on June 2 for support, top of the list on urgent basis.
Filing this petition through Senior Attorney-at-law Gowry Shangary Thavarasha, 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 in accordance with 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 involved in the Easter Sunday attack. President’s Counsel Faisz Musthapha with Maithri Gunaratne PC, counsel Pulasthi Rupasinghe instructed by Senior Attorney Gowry Shangary Thavarasa appeared for the petitioner. Deputy Solicitor General Dileepa Pieris appeared for the Attorney General.
