KAMPALA – Mr Simpson Birungi, the arrested Movit products boss has petitioned the Director of Public Prosecutions (DPP) over his continued detention by the Internal Security Organisation (ISO) despite a court order to have him released.
Through his lawyers of Nyanzi, Kiboneka and Mbabazi advocates, Mr Birungi lodged a complaint in the office of the DPP, Mike Chibita seeking for his mandate, power and authority under Article 20(3) to direct the police to investigate Birungi’s arrest and institute criminal proceedings against ISO boss Col Frank Kaka Bagyenda.
On Tuesday High Court Judge, Musa Ssekaana ordered ISO to release Mr Birungi after they failed together with the attorney general (AG) to turn up in court to defend the detention the Movit boss beyond 48hours and in a place not authorized by law.
The law gives powers to this court in exercise of its discretion to make an order that the person restrained be released from the illegal detention in accordance with rule 6 of the judicature (Habeas Corpus) Rules,” Justice Ssekaana ruled.
In his ruling, the judge noted that the wife of the applicant, Ms Sheila Birungi Kyokusiima swore an affidavit confirming that he is being held in custody of ISO after she was allowed to visit him at Kyengera where he has been in detention for now 13 days since his arrest on June 7.
”Mr Birungi 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,” Justice Ssekaana ruled.
In her affidavit, Ms Kyokusiima said that the acts of the respondent authorities in continuing to illegally detain the applicant are an abuse of the power and authority of the constitution.
She said that she had been informed by the applicant’s lawyers that where he is not released, he ought to be brought to court as soon as possible and not later than forty-eight hours from the time of his or her arrest which has not been done in this case.
Ms Birungi also said that her husband is a citizen of Uganda with rights and freedoms hereby guaranteed under and by the constitution of Uganda.
She added that the applicant is a regional businessman and a manufacturer of movit products in Kampala.