Hearing of the case before Kasangati grade one magistrate Katushabe Prossy where FDC’s Col Dr Kiiza Besigye is challenging Police’s stay at his home in Kasangati did not kick off on Thursday as expected.
The case is against Kampala North RPC Felix Kaweesi and the Inspector General of Police General Kale Kayihura.
This came after the respondent’s (Attorney General) side failed to file its affidavit in reply on time.
On behalf of the respondent Nabbasa Caroline the Deputy DPP asked court for an adjournment to enable them make consultations with the Attorney General before filing in their Affidavit.
However, this was objected by the Defense counsel David Mpanga, who informed court that being that the respondents where served on 3rd March 2016, they had enough time to respond.
Mpanga added that since the case involves infringement of his client’s human rights, any further adjournments would make him suffer more since he is still under house arrest.
“We are basing this case on Article 23 sub article 3 and 4 in the constitution of the Republic of Uganda, which states that every citizen arrested of any offense must be produced in court in 48hours”
Mpanga added that since 17th February 2016 his client Dr Kizza Besigye has been in detention by Police in an ungazzeted area for a period of more than 48 hours, yet he has never been brought before any court.
“Police Act Sec 24 and 25 states that any person arrested and not brought in court with in a period of 48 hours he has a right to file an application before the magistrate to defend his rights”
In her ruling the magistrate revealed that since this matter involves human rights affairs, she decided to give the respondents up to 4pm this evening to file in their affidavit there by adjourning the matter to tomorrow.
Meanwhile Dr Kiiza Besigye the applicant in this matter did not attend the court session since the police couldn’t allow him to move out of his home.