FR case against State Media:

Court pinpoints many errors

Sarath MALALASEKERA and Nelka MEDAGEDARA

The Supreme Court yesterday directed the Senior Counsel for Sarath Fonseka, Opposition Presidential Candidate for the forthcoming Election to file a fresh amended Fundamental Rights Application, as the application before court has not complied with the law and having several mistakes in the application.

The Bench comprising Chief Justice Asoka de Silva, Justice Shiranee Tilakawardena, Justice Nimal Gamini Amaratunga, Justice Saleem Marsoof PC and Justice K. Sripavan directed the case to be called tommorow, December 18, with an amended application.

The Supreme Court also observed it is not only that the names of the defendants are wrong in the application but it is also not clear what relief they are asking for.

Answering the Chief Justice, Upul Jayasuriya, Senior Counsel for Sarath Fonseka, said he is moving for a Five Judge Bench to hear the Fundamental Rights Application under Section 130 of the Constitution.

President’s Counsel Nihal Jayamanne, Senior Counsel for Sri Lanka Rupavahini, submitted to court that the petitioner should withdraw this application. The petitioner could move for a Five Judge Bench to hear the application only after the elections, President’s Counsel Jayamanne observed.

Justice Marsoof PC pointed out that the petitioner could move for a Five Judge Bench before the elections, but not under Section 130 of the Constitution.

Justice Nimal Gamini Amaratunga: Is it better to have a five Judge Bench to hear this type of application rather than a three Judge Bench.

President’s Counsel Jayamanne: Yes, but not under Section 130 of the Constitution.

President’s Counsel Srinath Perera: In our application we only ask to have a free and fair election.

Justice Amaratunga: If there is any problem about the election meet the Elections Commissioner.

President’s Counsel Perera: The Election Commissioner had issued several orders but those orders are not implemented by the authorities.

Deputy Solicitor General S. Rajaratnam appeared for the Attorney General.

President’s Counsel D. S. Wijesinghe appeared for Associated Newspapers of Ceylon Limited (ANCL), President’s Counsel Manohara de Silva appeared for ITN. They moved for a date to support the application in court.