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The High Court’s Civil Division has Wednesday deferred the habeas corpus application filed by lawyers of Col Dr Kizza Besigye, seeking his immediate release on grounds of illegal detention.
Justice Douglas Singiza declined to grant the release of the opposition leader and his co-accused Obeid Lutale today, choosing instead to deliver his decision at a future unspecified date.
The judge directed the lawyers to write to him tomorrow, Thursday, requesting for the judgement date.
Besigye and Lutale were brought to the jam-packed court amid tight security.
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Wearing a face mask and a pair of red rubber sandals, Besigye looked even feebler than he did last week at the Buganda Road Court.
The judge decided to have both suspects sent back to Luzira stating that he was concerned the 68-year-old might faint in court.
This is an administrative order. If a prisoner is sick , I can't continue with him, He might faint,” he ruled.
Submissions then followed from the suspects’ lawyers led by Lord Mayor Erias Lukwago, who informed court that the continued detention of Dr Besigye and others after the Supreme Court ruling was against constitutional provisions.
The respondents from the Artnety General's Office however defended the continued detention as legal on grounds that the Supreme Court did not insist on releasing the suspects in its ruling.
They also noted that the pre-trial detention was valid despite lacking a remand warrant because the state has “substantive reasons” for Besigye and Lutale’s arrest.
Speaking at the court steps after the session, Counsel Lukwago expressed disappointment.
With due respect to the judge, we leave this court feeling disillusioned with the way the matter has been processed because the writ of habeas corpus where where one's liberty has been curtailed with no lawful cause…it has to be disposed off expeditiously.
Besigye was brought under very unreasonable circumstances, but an order was given that he be returned to Luzira with no valid warrant. There should have been an instant remedy today, and yet to make matters worse, we have not been given any idea when the decision will be made…it is really baffling.
Lukwago said his team would retreat and see the next course of action as they await the court ruling.
Army court complies
Meanwhile the General Court Martial in Makindye has finally transferred the case files of Col Besigye, Lutale and other suspects to the civilian courts of competent jurisdiction as ordered in the January 31 Supreme Court ruling.
This development was confirmed in a social media post by Hon Norbert Mao, the Minister of Justice and Constitutional Affairs.
He wrote, “I can confirm that the General Court Martial has transferred the relevant Case Files to the Civil Courts as directed by the Supreme Court,”
“What happened in parliament yesterday shows that we achieve more when we attack the problem rather than each other.”