Case filed against Fonseka for contempt of court

Hiran H. Senewiratne

Major W.W.M.L. Palipana filed a Fundamental Rights petition before the Supreme Court yesterday against General Sarath Fonseka for contempt of court, in not complying with the Supreme Court order to reinstate him.

The petitioner cited General Sarath Fonseka, Secretary Defence, Sri Lanka Army Pay and Records Director and the Attorney General as respondents in the case.

The petitioner an Army Officer made an application to then Chief of Staff Sarath Fonseka through the Attorney General and agreed to settle the matter of the petitioner being sent on compulsory retirement from the Army with effect from February 20, 2006.

Major Palipana was sent to the Medical Board in keeping with the terms of settlement dated on March 1, 2006. Further the Attorney General was also informed of the first Respondent then Army Commander Sarath Fonseka’s failure to comply with order dated March 1, 2006.

There had been no response to any of these communications referred to above made to the first Respondent and the Attorney General.

The petitioner through his Attorney-at-Law sent a letter dated January 6, 2010 giving notice to the first Respondent with copy to the present Army Commander that in the event the first Respondent fails to comply with the undertaking given to Court dated March 1, 2006 steps will be taken to initiate action against General Fonseka for contempt of Court.