Fonseka Fundamental Rights application:

No interim relief

Sarath Malalasekera and Wasantha Ramanayake

*Allowed visits by close relatives, lawyers

* Can sign nomination papers

The Supreme Court refused an application for interim relief to release General Sarath Fonseka, the third applicant in a Fundamental Rights petition, after submissions by the Senior Defence Counsel and the Attorney General yesterday. The Bench Comprising Acting Chief Justice Dr. Shirani Bandaranayake, Justice Jagath Balapatabendi and Justice K. Sripavan also rejected the affidavits submitted before Court in respect of this application.

“We are of the views that this Court is not in a position at this stage to grant relief to the application as prayed for in the application. In the circumstance the Court refused the application prayed for by the petition for an interim relief,” Acting Chief Justice Dr. Shirani Bandaranayake said.

Dr Shirani Bandaranayake also told Counsel that the case was being called yesterday only to consider the matter of Interim Relief prayed for by Petitioner. Hence, they should confine their submissions only in respect of Interim Relief.

The Court refused the interim relief on the basis that the interim relief prayed for is being linked to the final relief sought by the third petitioner General Fonseka.

At the outset Attorney General President’s Counsel Mohan Peiris agreed to the relief sought by Senior Defence Counsel President’s Counsel Shibly Aziz including visits to third petitioner by his wife Anoma and his immediate relatives, lawyers who need his assistance to sign any legal documents, including his nomination papers for the forthcoming General Election, to speak to his daughter, who are abroad, over the telephone and medical assistance by a special medical team.

The Attorney-General submitted that an inquiry called summary of evidence is progressing and will be concluded in three weeks.

The Army Commander would then decide whether to release or continue to prosecute Fonseka.

The Attorney General objected to the granting of interim relief since it is the same as final relief he had sought.

He also moved Court to dismiss the Fundamental Rights application before Court as it had failed to comply with the law.

The Court also made an order to the Registrar of the Supreme Court to obtain the report in connection with the statement made by General Sarath Fonseka to the Human Rights Commission.

Two Counsel for the respondents, S.L. Gunasekera and Sanjeewa Jayawardena associated with the submissions made by the Attorney General.

At this stage Acting Chief Justice Dr. Shirani Bandaranayake observed that the leave to proceed in this Fundamental Application had been granted earlier. The Supreme Court Bench also refused the affidavits filed in respect of this application and directed the case to be called on April 26 for argument in respect of the main application.

President’s Counsel Shibly Aziz in his lengthy submittance moving for the release of his client, said that his client needs several urgent medical attention and to release him on conditional or unconditional bail.

The President’s Counsel said that his client had been dragged out of his office at Royal Avenue on the day of the incident. This is highly illegal. According to seriousness of the incident there is a serious threat to his life. The Army officer who came to arrest his client had taken very serious steps to arrest him violating his Fundamental Rights. The petitioner cited Army Commander Lt. Gen. Jagath Jayasuriya, Officer in Charge of Colombo Security Maj. Gen. Sumith Manawadu, Defence Secretary Gotabhaya Rajapaksa, Head of the Military Police Military Marshal Brig. Wijesiri and the Attorney General as respondents.

Earlier the Supreme Court granted leave to proceed with the Fundamental Rights Application filed before Court by Ms. Anoma Fonseka and Ms. Shamila Perera.

President’s Counsel Shibly Aziz, Senior Counsel for the petitioners citing several authorities submitted that the Supreme Court had widened its Fundamental Rights jurisdiction beyond what is stated in the Constitution.

Attorney General President’s Counsel Mohan Peiris, Deputy Solicitor General Sanjey Rajaratnam with Senior State Counsel A. Nawaz and Senior State Counsel Nerin Pulle appeared for the Attorney General.

President’s Counsel Shibly Aziz with President’s Counsel Wijedasa Rajapaksa, Ronald Perera, Upul Jayasuriya, Viran Corea and Chrisma Warnasuriya appeared for petitioners.

Senior Attorney at Law S.L. Gunasekera instructed by Sudath Perera Associates appeared for Major General Sumith Manawadu who is in-charge of Security in Colombo. Senior Attorney Sanjeewa Jayawardena instructed by Sudath Perera Associates appeared for the Head of the Military Police.