Fonseka’s FR application against State media:

SC terminates proceedings

Sarath MALALASEKERA

The Supreme Court yesterday directed Attorney General President’s Counsel Mohan Peiris to draw the attention of the Commissioner of Elections to an article published in newspapers (not in the Daily News) that a Competent Authority will be appointed to monitor State and other media organisations during the Presidential Elections.

The direction was under Section 104 B (5)a of the Constitution. With the direction to the Attorney General, the Supreme Court terminated the proceedings of the Fundamental Rights Application filed by Opposition Presidential candidate General Sarath Fonseka, for the forthcoming Election against State media.

Upul Jayasuriya, Senior Counsel for General Sarath Fonseka, in his lengthy submissions said the State media should give the Opposition the same publicity as the Government sector.

President’s Counsel Nihal Jayamanna, Senior Counsel for Sri Lanka Rupavahini, submitted to court that the petitioner should withdraw this application.

During the proceedings, Justice Saleem Marsoof PC pointed out that a daily English newspaper had published that the Elections Commissioner will appoint a Competent Authority to monitor the media.

The Attorney General said the Elections Commissioner is not a public officer to give directions.

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 elections they should have met the Elections Commissioner.

Attorney General President’s Counsel Mohan Peiris with Deputy Solicitor General Shavindra Fernando, Deputy Solicitor General S. Rajaratnam and Senior State Counsel N. Pillai appeared for the Attorney General.

President’s Counsel D. S. Wijesinghe appeared for Associated Newspapers of Ceylon Limited and President’s Counsel Manohara de Silva appeared for ITN. Attorney M. Sumanthiran also made submissions.