Fonseka Habeas Corpus application:

Proceedings to resume today

Wasantha RAMANAYAKE

The proceedings of Habeas Corpus and Certiorari applications filed by Anoma Fonseka in the Court of Appeal will resume today (31).

The Bench comprised Justice Sathya Hettige PC, Justice W.L.R. Silva and Justice Anil Gooneratne PC.

The counsel for respondents concluded their submissions yesterday.

Concluding submissions Senior Counsel S.L. Gunasekera appearing for two members of the military tribunal submitted that General Fonseka was subject to the Military Law throughout, when he was the Commander of the Army and the Chief of Defence Staff; and therefore could be detained and punished by the military law.

The Counsel also submitted that objections with regard to the jurisdiction of the Court Martial could be entertained and overruled without giving reasons. He further submitted that the the reasons should given only if the objections are allowed. The petition alleged bias by the officers hearing the Court Martial and stated that the particular officers should not hear the Court Martial. Objections were taken but over-ruled without giving reasons.

Counsel Sanjeewa Jayawardane appearing for members of the military tribunal submitted that petitioner suppressed the fact that which that an interim order was sought to release General Fonseka in the Supreme Court. He also submitted that the respondents failed to cite Provost Marshal of the Army whose custody under the General Fonseka is detained. He submitted that according to the Army Act the Provost Marshal should be made a respondent and therefore the petitioners are not entitled to the interim order to release him form the military custody.

President's Counsel Romesh de Silva for the petitioner submitted that the Court of Appeal has the jurisdiction to hear both the Certiorari and Habeas Corpus applications. The President's Counsel also submitted that the writ jurisdiction to hear the objections with regard to the to composition of the military tribunal was never put to the Supreme Court.

Attorney General Mohan Pieris P.C. appeared with Deputy Solicitor General Sanjay Rajaratnam. Senior State Counsel A. Nawaz and Senior State Counsel N. G. Pulle for the Army Commander.

Senior Counsel S.L. Gunasekera and Counsel Sanjeewa Jayawardane instructed by Sudath Perera Associates appeared for members of the military tribunal.