He was arrested under the provisions of Article 57 (1) of the Sri Lanka Army Act:

Military Law applies to all

General Sarath Fonseka was Army Commander for four years and Chief of Defence Staff for a short period. Both positions he held were vital for national defence. It has been found in internal inquiries that he had not been able to fulfill the responsibilities and obligations of the high positions he held. His arrest was made purely on his violation of military discipline.

Retired General Sarath Fonseka was arrested on charges of violating Army regulations while holding two very important positions as Army Commander and Chief of Defence Staff. His arrest does not come as a vindictive measure but for his inability to fulfill his obligations towards national security, Director General Media Centre for National Security Laksman Hulugalle told the Daily News yesterday.

Sarath Fonseka was Army Commander for four years and CDS for a short period. He was arrested under the provisions of Article 57 (1) of the Sri Lanka Army Act. Even a soldier in the Army cannot take part or engage in politics but Fonseka while holding such high military positions had been getting together with certain political party groups to work against President Mahinda Rajapaksa, the Director General said.

Continuing he said, the person who holds the Army Commander or CDS post is a member of the National Security Council (NSC) of which the President as the Commander in Chief is the Chairman.

The commanders of the Navy and the Air Force are also members of the NSC and important decisions on national security are made in the NSC.

While holding such an important position Fonseka had held talks with political parties violating the law and military discipline.

While being the Army Commander or the CDS holding talks with opposition political parties construes a treasonous act and it is a clear violation of army discipline as well the provisions of the Army Act. Due to his involvement in politics there had been a clear division among the higher and lower ranks of the Army. And even dividing the army to two groups is conspiracy, he noted.

Asked whether Sarath Fonseka after retirement is a civilian and does not come under the military law, Hulugalle said civil society does not usually understand military law and regulations. The connection with the Army does not cease immediately after anyone retires from the Army.

Under the Army Law a person who had committed an offence while in service could be punished during the first six months from his date of retirement. Fonseka retired only in November 2009 and is still punishable under that law.

Though there were many comments and questions asked by people about Fonseka’s arrest his political ambitions were not marred during the Presidential Election campaign. He was given full freedom to engage in the campaign. And in this instance he was not arrested for anything he had done after retirement or on the political platform but for misconduct or offence committed during his tenure of office in the Armed Forces. Therefore, it is a clear case of military discipline, he also said.

Asked whether there will be public protests against the arrest he said the public were behind President Mahinda Rajapaksa as shown by the resounding victory at the Presidential election with 58 percent of the vote. But Fonseka even after being supported by a number of political parties got only 40 percent of the vote.