Press Release
6th of May 2021
The arrest of Vanni District Member of Parliament and Leader of the All Ceylon Makkal Congress (ACMC) on 24th of April 2021 has been publically noted as a gross violation of the law. It is a breach of the Parliamentary privileges that the consent of the Speaker was not obtained to make arrest. In terms of Article 13 of the Constitution, the person being arrested should be notified of the reason for which he is being arrested. Section 13 (2) of the Prevention of Terrorism Act (PTA) requires that any person in respect of whom a detention order is issued, must be informed of the unlawful activity for which he has been arrested. Section 164 of the Code of Criminal Procedure states that the charge must include the offence for which he is being arrested. However, till now, no reason has been communicated to Rishad Bathiudeen.
The day prior to the arrest, Bathiudeen had been to Parliament and performed his duties as a Parliamentarian. He was fasting during the holy month of Ramazan, and performed his religious duties. No communication was made of an impending arrest prior to the arrest. Yet, despite the heavy downpour of rain, and the lack of jurisdiction on the matter, the Criminal Investigation Department (CID) had visited the premises of Rishad Bathiudeen and demanded his arrest. No reason was provided, and it was clear they were acting on the instructions of a political bigwig seeking vengeance from Bathiudeen.
Till present, we have been reliably informed that no statement has been recorded from Bathiudeen. As a Parliamentarian for 20 years and a Leader of a political party, the disgraceful treatment contrary to provisions of the law, including the law pertaining to which he was arrested, shows the political immaturity and the impunity of the Minister of Public Security, Sarath Weerasekara. At this juncture, it has become clear that Bathiudeen is a victim of political persecution.
Rishad Bathiudeen had expected to, at the very least, be permitted his Parliamentary privilege of attending Parliament, and on his behalf, the Chief Opposition Whip, Lakshman Kiriella had made a request from the Speaker last week. The Speaker of Parliament had acceded to the request, and Sergeant-at-arms Narendra Fernando had informed the Director of CID to permit Bathiudeen to attend Parliament.
As Lakshman Kiriella had noticed in Parliament, there are three theories concerning why Rishad Bathiudeen was not brought to Parliament. Firstly, it had been duly noted that Bathiudeen was arrested without the consent of the Speaker, and thereafter, the Director of CID had notified that the signature of the Speaker was required to bring him to Parliament. Secondly, the reason communicated to the Speaker was that a CoVid concern had arisen in the CID, where the wife of a member of the cadre had contracted CoVid-19. It must be also noted that Bathiudeen was subjected to a PCR test on Monday, for which the results have not yet been declared. The third reason is that the Minister of Public Security, Sarath Weerasekara had arbitrarily, and against the instructions of the Speaker, directed the CID not to produce Bathiudeen in Court which he later attributed to reasons that investigations conducted under the PTA may be hindered.
Given the arbitrary nature of the actions of Sarath Weerasekara, it is inevitable to wonder if the Government is afraid that Rishad Bathiudeen may reveal information to Parliament which may explicitly expose the farce and follies of the incumbent Government. We must assume that the express violation of the laws of Sri Lanka by the Government is out of fear of Rishad Bathiudeen. The unlawful arrest and detention of him, is a means of seeking political vengeance. The matter must be subjected to judicial scrutiny, which the Government is afraid to do. No person should be capable of acting with impunity, including those who are in charge of ministries that have resorted to unlawful administrative actions.
It must particularly be noted in view of the impending OHCHR investigation resulting from the UNHRC Resolution 46/1, where the resolution clearly expresses grave concern in respect of state sponsored efforts to marginalize the Tamil and Muslim communities. The arrest and detention of Rishad Bathiudeen, one of the prominent leaders of the Muslim community, also serves the purpose of provoking the sentiments and sensitivities of the Muslim community. The publically noted disgraceful nature of arrest was purportedly to create unrest, although no Muslim acted to breach the peace. Protests have been stemming from many parts of the country, all of which have adhered to the CoVid guidelines and maintained the peace.
We take this opportunity to state that Rishad Bathiudeen must be released, by reason of his unlawful arrest. We ask for justice on his behalf. We also request the Attorney Generals intervention in this matter and call for reports from the CID in order to seek justice for our leader at the earliest.
We kindly request you to report these points in your esteemed media institution. Your assistance in publishing this news will be immensely appreciated.
Leader of All Ceylon Makkal Congress