Court orders ISO to release Movit boss

Simpson Birungi. File photo

KAMPALA- The High Court on Tuesday ordered for the immediate release of the detained

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boss, Mr Simpson Birungi.

Justice Musa Ssekaana made the ruling after the two respondents, Attorney General and the Director General of Internal Security Organisation (ISO) failed to show up in court to explain Mr Birungi’s detention beyond the 48 hour detention limit provided for under the Constitution.

Mr Birungi was arrested on Monday last week by ISO operatives who later handed him over to police. He was detained at Kireka Special Investigations Directorate (SID) over the murder of his former manager, Mr Stephen Asaba in 2010.

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Ms Birungi says the continued detention of her husband without being produced in court is an abuse of the Constitution

The other respondents in this case are Inspector General of Police and Chieftaincy of Military Intelligence (CMI).

“By law this court in exercise of its discretion orders that the person restrained be released from the illegal detention in accordance with rule 6 of the judicature Rules,” Justice Ssekaana ruled.

Rule 6 of the judicature (Habeas Corpus) gives court powers to order a person detained to be released and it is addressed to the prisons authority, police, public office or any other person.

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Sworn affidavit
In her ruling, the judge also noted that the wife of the applicant, Ms Sheila Kyokusiima, swore an affidavit confirming that her husband is being held by ISO after she was allowed to visit him at Kyengera, Wakiso District where he has been in detention for now 13 days since his arrest on June 7.

“The applicant has not been produced before any court of law. He is also detained at Kyengera which is not known to be a gazzetted place authorised by law under Article 23(2) of the constitution,” Justice Ssekaana ruled.