By Ronaldo N Kalangi and Andrew Irumba
The internal security Organization (ISO) which is still holding Movit Products Ltd’s proprietor and CEO Simpson Birungi in a safe house has defied a high Court order to have him produced and charged before court, after being detained beyond the constitutional 48 hrs.
In a court order obtained by Birungi’s lawyers, High Court Judge His lordship Justice Musa Ssekaana on Monday ordered ISO, Police and CMI to release Movit boss because he has been in detention for more than 48 hours required by the constitution. His ruling was based on the affidavit by Mr Birungi’s wife Sheila Kyokusiima that her husband had been detained beyond the constitutional 48 hrs.
Simpson was arrested on Monday last week from Entebbe airport while trying to fly out for a business trip by ISO operatives in connection with the 2008 Budo Junior School fire inferno that claimed over 20 pupils and the murder of his former manager, a one Asaba.
“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 Musa Ssekaana’s order read in part.
He added, “The 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”.
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 7th.
“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 authorized by law under Article 23(2) of the constitution,” he noted.
