Sarath Fonseka's appeal against CA order dismissed

The Supreme Court yesterday dismissed a Special Leave application filed by General Sarath Fonseka seeking to set aside the order of the Court of Appeal that refused to extend its earlier order staying the proceedings of the first Court Martial against him.

The Bench comprised Justice Dr. Shirani Bandaranayake, Justice Nimal Gamini Amaratunga and Justice S.I. Imam.

The Court dismissing the application noted that it did not see any basis to grant special leave to proceed with the application.

At the outset, Deputy Solicitor General Sanjeewa Rajaratnam appearing for 1,5 and 6 respondents took preliminary objections to the application stating that the Special Leave application is not properly invoked. Senior Counsel S.L. Gunasekera also took up the preliminary objection that the petitioner failed to support his application by a proper affidavit.

The Court noted that it has to dismiss the application considering the respondent's preliminary objections but decided to hear all parties and decide the case on its merits.

President's Counsel Romesh de Silva for the petitioner submitted that it was the usual practice of the Court to extend the interim orders granted after hearing all the parties. He submitted that Court failed to extend the interim order granted by the majority of the Bench.

Deputy Solicitor General Rajaratnam reiterated his objections taken against the extension of the order at the Court of Appeal. He submitted that the notice was not formally issued and that the Court should not hinder the proceedings of the military tribunal since it is an institution recognized by the Constitution. He submitted that the Court should dismiss the application without granting the Special Leave.

The petitioner stated that the Court of Appeal by its order dated May 21 refused an application by the petitioner to extend the interim order dated May 3, staying the first Court martial. He sought to set aside the same.

President's Counsel Romesh de Silva with Sugath Caldera appeared for the petitioner.

Deputy Solicitor General Sanjeewa Rajaratnam with Senior State Counsel A.M. Nawaz appeared for 1, 5, and 6 respondents.

Senior Counsel S.L. Gunasekera with Sanjeewa Jayawardane and Manoj Bandara appeared for the 2 and 3 respondents.

Sanjeewa Jayawardane with Manoj Bandara appeared for the fourth respondent.