'Court of Appeal placed on determining'
Court of Appeal Judge Justice Eric Basnayake dismissing Inlimine an
application by G Sarath C Fonseka recently stated that this is a clear
instance of this Court having been placed under the daunting task of
determining, as it happens frequently, not to look at the merits of the
petitioner's case, for which eventually he has to blame himself.
No doubt by reason of the decision reached in this application, the
petitioner has missed a perfect opportunity to involve the Court in the
interpretation of the law on the two issues referred to earlier, as
there are no direct authorities on those points.
Petitioner G Sarath C Fonseka has cited LT. Gen. J Jayasuriya and
five others as respondents.
Justice Basnayake in his judgment, agreed by Justice AWA Salam and
Justice Upaly Abeyratne, stated however, in passing it may not be
inappropriate to have it placed on record that the application of the
petitioner is dismissed Inlimine and therefore this judgment is entered
NUNC PRO TUNC.
The judgment also stated, the petitioner filed this application
seeking a writ of certiorari inter alia to quash the decision of the 2nd
to 4th respondents to convict (conviction on September 17, 2010) the
petitioner in Court Martial II and to quash the sentence of 30 months
imprisonment. When this case was supported, several preliminary
objections were raised on behalf of the 1st, 5th and 6th respondents.
After an inquiry this court (consisting of two Judges at the time)
pronounced an order on December 15, 2010 by which the Court postponed
the answering of the preliminary objections to the end of the case.
At that time, objections were not filed for the respondents.
Objections and counter objections have been filed. Thereafter
submissions were made for the petitioner and the respondents and the
President's Counsel for the petitioner made submissions in reply.
Written submissions too were filed. "Having considered all the
submissions, I am of the view that this application for certiorari
should be dismissed Inlimine. Hence, there is no necessity to answer to
the preliminary objections," Justice Basnayake stated in his judgment.
According to the petition filed on October 13, 2010, the petitioner
is the ex-Army Commander. The first respondent is the present Army
Commander, the 2 to 4 respondents are the President and the members of
the Court Martial II. The 5th respondent was the Judge Advocate.