Former Justice Minister and Leader of the Sri Lanka Muslim Congress (SLMC), MP Rauff Hakeem and Chief Opposition Whip Lakshman Kiriella today raised the alarm bells concerning the consecutive recusals of four Supreme Court Judges on four occasions from hearing the Fundamental Rights petition filed by MP Rishad Bathiudeen.
MP Rauff Hakeem Speaking in parliament said at a juncture where Sri Lanka is under an international spotlight for human rights abuse, especially where the case is under the radar for its particularly intriguing nature of human rights abuse, the Minister of Justice, Ali Sabry ought to take responsibility to prevent any allegations of suspected compromise of the independence of the judiciary.
Justice Mahinda Samayawardana Monday recused himself from considering the Fundamental Rights petitions filed by Leader of the All Ceylon Makkal Congress (ACMC) Rishad Bathiyutheen against his arrest and detention in connection with the Easter Sunday attack by the CID. He is the fourth judge to recuse form hearing the petiions.
Earlier, Supreme Court Justices Janak de Silva, Yasantha Kodagoda and A.H.M.D Nawaz in three separate occasions withdrew from the case.
Mr. Hakeem expressing concern that four judges recused themselves said the Chief Justice before he nominates a bench, he should see to it that this does not happen.
He pointed out that the case has been postponed on several occasions because of the judges’ recusal prolonging the detention of MP Bathiudeen without a hearing.
“It’s a serious injustice and therefore, the honorable Chief Justice must be made aware before nominating a bench he must find out whether there is any reason for the said judges to recuse themselves from the case. Otherwise this is unnecessarily creating suspicion,” MP Hakeem said.
Responding to the concerns raised by MP Hakeem and MP Kiriella, Justice Minister Ali Sabry said, he can only convey the concerns. “Other than that we have no power to get involved with the judiciary or interfere in that direction,” he said agreeing that certainly, there is a concern.
Courtesy: Colombo Page