Justice Ssekaana Musa made the ruling on Tuesday, following an application for habeas corpus by the lawyers hired by the family of Birungi.
The ruling was made exparte after the two respondents, Attorney General and the Director General of Internal Security Organisation (ISO) failed to show up in court to explain Birungi’s continued detention.
The lawyers want their client released immediately considering he has been detained beyond the 48 hour detention limit provided for under the Constitution.
Birungi was arrested two weeks ago by security operatives though no official confirmation of his arrest has been made. According to family sources, he was detained at a security facility in the city and sometimes he is taken to Special Investigations Directorate (SID) in Kireka.
Sources say he is being questioned in relation to the murder of his former manager, Stephen Asaba in 2010.
“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.
The judge, in her ruling granting Habeas Corpus orders noted that the wife of the applicant, Sheila Kyokusiima, swore an affidavit in which she stated that she had visited her husband at a detention facility run by ISO in Kyengera, a Kampala suburb.
She said in her affidavit that her husband was being detained by ISO and has been such for the last 14 days.