Sri Lanka’s judiciary divided on Court Martial inquiry against Fonseka

[TamilNet, Friday, 29 October 2010, 04:50 GMT]
Sri Lanka’s Court of Appeal Thursday referred to the Supreme Court for a constitutional interpretation whether the Court Martial is a legally bound court in respect of Article 89(d) of the Constitution. Meanwhile the two-member Bench of the Court of Appeal Justices Ranjit Silva and Upali Abeyaratne also on Thursday directed its Registrar to inform the President of the Court of Appeal Sathya Hettige to nominate a fuller bench to hold inquiry to hear the interim relief plea of Sarath Fonseka in view of the division of opinion among them on issuing an interim order.

The Appeal Court made these orders consequent to the Writ petition filed by former Army Commander Sarath Fonseka seeking the Court for an order directing the Respondents- the Secretary General of the Parliament and the Commissioner of Elections to take all necessary steps according to law to enable him to sit and vote in Parliament and to exercise his powers, privileges and immunities as a Member of Parliament.

The Appeal Court also ordered to issue notices on the respondents cited in the Writ application and put off the inquiry into the Writ Application for mention on November 3.

Fonseka has complained that the Court Martial was biased, evidence was not substantial for a conviction and the reason for the conviction was not mentioned in the judgment of the court martial.

Fonseka wanted the conviction and the consequent sentence of 30 months rigorous imprisonment to be quashed by the Court of Appeal.

 

Latest 15 Reports
22.04.19 23:46   Photo
West influencing regime-change politics responsible for worsening situation: Fr Sakthivel
21.04.19 09:17   Photo
207 killed, 450 wounded, series of bomb blasts target churches, hotels on Easter Sunday
20.04.19 22:18   Photo
Tamil journalist released on bail fears targeted persecution by SL military
19.04.19 23:23  
Colombo closing down schools with less than 50 students tantamounts to educational betrayal
18.04.19 21:24   Photo
Sinhala colonisation escalated in Vavuniyaa North with a multitude of players backing infrastructure
17.04.19 23:18   Photo
Journalist harassed after exposing SLN surveillance on peaceful protest in Vanni
16.04.19 22:20   Photo
Uprooted Tamils in Karanthaay enter their lands in dispute with SL authority
15.04.19 23:44   Photo
Linguistic discrimination, insensitive iconography used to establish Sinhala Buddhist hegemony
14.04.19 22:43   Photo
Colombo schemes new settler colony for intruding Sinhala fishers in Mullaiththeevu
13.04.19 08:01   Photo
Tamil youth in Batticaloa irked by SL State-backed southern company bent on ilmenite mining
12.04.19 21:01   Photo
SLA deployed Tamils as human shields in 1990, activists allege mass graves in Jaffna islet
11.04.19 23:47   Photo
Assange arrest: Declaration of war against digital civil society by bandwagoning powers
10.04.19 21:25  
Tamils discriminated in demarcation of education zones in Ampaa'rai district
09.04.19 17:20   Photo
Analyst: Transitional justice will never work, SL State institutionally genocidal
08.04.19 22:13  
Tamil Nadu politician's family continues ‘Sri Lanka’ investment, disregards criticism
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=32900