Sarath Fonseka’s Court Martial challenge:

Writ Application hearing put off for Dec 13

Sarath Malalasekera

The Supreme Court yesterday put off for December 13, further hearing into the Writ Application filed by former Army Commander Sarath Fonseka.

The Court of Appeal has sought a Constitutional interpretation from the Supreme Court whether the Court Martial where Sarath Fonseka was found guilty is a Court. The Bench comprised Chief Justice Asoka de Silva, Justice Dr Shirani A Bandaranayake, Justice Nimal Gamini Amaratunga, Justice Saleem Marsoof PC and Justice K Sripavan.

On an application by President’s Counsel Romesh de Silva, Senior Counsel for Sarath Fonseka, Chief Justice Asoka de Silva directed the Registrar of the Court to take necessary steps to inform the Prison authorities to produce Sarath Fonseka before Court on the next date, December 13, 2010.

President’s Counsel Romesh de Silva, Senior Counsel for Sarath Fonseka, submitted to Court that the Court Martial is not a Court.

The Constitution had very clearly laid down what are the Courts. They are the Supreme Court, Court of Appeal, High Court, District Court and Family Courts. The others are Tribunals and Institutions.

In his lengthy submissions President’s Counsel said that the Army Act was enacted to maintain discipline in the army and for special purpose.

Bar Association of Sri Lanka (BASL) President Shibly Aziz PC submitted that Court Martial does not exercise Judicial power. Courts of first instance are Supreme Court, Court of Appeal, High Court, District Court.

Attorney General President’s Counsel Mohan Pieris with Deputy Solicitor General Frazna Jameel, Senior State Counsel Arjuna Obeysekere and Senior State Counsel Neril Pulle appeared for the State. President’s Counsel Romesh de Silva with Saliya Peiris, Nilanthi Peiris, Sugath Caldera, Riyad Hameen, Shanaka Cooray, Eraj de Silva instructed by Paul Ratnayake Associate appeared for Sarath Fonseka.

The Court will be resumed again on Monday December 13 at 12.30pm.