POSTED AT 09:03 AM 15-03-2019
Madhush’s aunt petitions SC against imminent arrest
An aunt of alleged underworld kingpin Samarasinghe Arachchilage Madhush Lakshitha alias Makandure Madhush has filed a Fundamental Rights petition in the Supreme Court.
She is seeking an order declaring that in view of the absence of an extradition treaty between Sri Lanka and the UAE, the arrest of Makandure Madhush while he is in the UAE would violate his fundamental rights guaranteed under Article 13(1) of the Constitution.
The petitioner Abesekara Weerasekara Sriyani, a respondent of Sooriyawewa also sought an order preventing the imminent arrest of Makandure Madhush remanded in the United Arab Emirates (UAE).
The petitioner has cited Special Task Force Narcotics Unit DIG M.R. Lathief, OIC attached to the Organized Crimes Investigations Unit of CID, OIC of the Police Narcotics Bureau, the Police Chief and the Attorney General as respondents.
The petitioner stated that Makandure Madhush was born in 1979. She stated that his mother was killed by the Army during the insurgency in 1989 when he was about 10 years old.
The petitioner further stated that Madhush’s family strongly suspected Provincial politician Danny Hiththetiya to be behind the killing of Madhush’s mother.
After the death of his mother, his father married again and Madhush and his brother were brought up by his grandmother. Madhush was employed as a hospital attendant and married to a nurse and has a son from his marriage.
The petitioner said due to constant threat on life and harassment believed to be made by the said politician with his ever growing political power, Madhush had to run away from his native town.
The petitioner further said in 2005 Madhush was arrested by Police on the charge of murder and implicated in a numerous other cases.
She further said Madhush had to run away for his life when he was released from remand prison and had to go to a foreign country with his son in January 2015.
She said she came to know that Madhush had been arrested along with several others recently in UAE where he has been staying due to the threats on his life.
She said there are no provisions for Sri Lankan authorities to arrest a citizen of Sri Lanka living in the UAE due to the absence of law provided by valid extradition treaty between the two states.
She said she was advised that it is illegal for any of the respondents or their subordinates under the cover of their offices to arrest Madhush while he is in UAE.
This petition had been filed through Attorney-at-Law Aruna Prabash Perera.