Anoma Fonseka files habeas corpus

Hiran H.Senewiratne

Anoma Fonseka wife of former Chief of Defence Staff and former Army Commander, General Sarath Fonseka filed a writ of Habeas Corpus application before the Court of Appeal under Article 141 of the Constitution yesterday.

Anoma Fonseka in her petition cited Army Commander Lieutenant General Jagath Jayasuriya, Sri Lanka Army Military Police Headquarters Provost Marshall Brigadier B.K.J.K. Wijayasiri and Navy Commender Vice Admiral T.S.G Samarasinghe as respondents for the case.

The petition was supported by Senior Attorney-At-Law James Henry Paul Ratnayake and his assistants Vijayalakshman Wanasundara Wijayatilake, Nilanthie Sonia Anne Pieris and Dinusha Savitrie Tilakaratne Mirihana Attorneys-at-Law attached to Paul Ratnayake Associates and Mahesha Alahakoon,

The Petitioner stated that first Respondent (General Fonseka) commanded the Sri Lanka Army to victory over the liberation Tigers of Tamil Eelam in May 2009, thereby ending to the 30-year-old war that had plagued the Nation

The petitioner stated that the first Respondent joined the Sri Lanka Army in or around 1969 as an officer cadet. Through the years, the first Respondent demonstrated a dedicated, disciplined and distinguished service and rose steadily along the ranks, fighting in the warfront to become the battle hardened General he is today.

The petitioner stated office as Army Commander on July 15, 2009 and thereupon ceased to be a person subject to military law as defined in the Army Act. His arrest and detention therefore ultra vires the Army Act; the arrest and detention took place February 8 without jurisdiction, the petition stated.