May 24, Colombo: A judge of the three-judge bench of Supreme Court hearing the Fundamental Rights petition filed by the Chairman of the Avant Garde Maritime Services Nissanka Senadhipathi seeking an Interim Order preventing him from being arrested over a Magisterial inquiry has recused herself when the petition was taken up for hearing yesterday.
When the petition was called Wednesday before the bench comprising justices Priyantha Jayawardena, Vijith Malalgoda and Murdu Fernando, Justice Fernando has recused herself from the hearing. The Supreme Court then decided to postpone the hearing of the petition until 8 June.
The Court ordered the Additional Solicitor General, who appeared on behalf of the Attorney General, to file preliminary objections against the petition on the said date.
The petitioner Nissanka Senadhipathi says the Criminal Investigations Department (CID) intends to arrest and remand him under the Explosives and Firearms Ordinance in connection with maintaining a floating armory in the Galle harbor.
An investigation into the floating armory at the Galle Port is being conducted by the CID. The MV Avant Garde ship belonging to the private maritime security firm was seized when it docked at the Galle Harbor for carrying a stock of unauthorized firearms.
The Inspector General of Police and officials of the CID have been cited as respondents.