Sri Lanka Supreme Court to decide on legality of Court Martial

[TamilNet, Wednesday, 08 December 2010, 02:52 GMT]
The Sri Lanka’s Supreme Court Monday put off its determination for Thursday about the legality of the Court Martial under the Article 89D (d) of the Constitution on the Writ Application filed by the former Commander of the Sri Lanka Army Sarath Fonseka filed in the Court of Appeal. The Court of Appeal sought a determination from the Supreme Court in this regard sequel to a Writ Application filed by the petitioner Fonseka seeking it to issue an interim order enabling him to sit and vote in the parliament and to exercise his powers and privileges and immunities as a member of parliament, legal sources in Colombo said.

Fonseka was convicted by a Court Martial and sentenced to 36 months rigorous imprisonment in a case in which he was charged for some irregularities in tender procedures in procuring arms while he was the Commander of Sri Lanka Army.

The prison sentence was later reduced to thirty months by the Sri Lanka’s President Mahinda Rajapakse.

The petitioner has challenged in his writ application that the Court Martial is not a ‘court” referred to in Article 89(d) of the Constitution.

The Court of Appeal requested the Supreme Court to determine on the question on whether the words ‘any court’ referred to in Article 89(d) of the Constitution refer to the Supreme Court, Court of Appeal and the other Courts of first instance, to the exclusion of tribunals and institutions or whether the words ‘any court’ included a Court Martial.

The Supreme Court earlier decided to announce its determination on the question on Wednesday but later it put off for Thursday as the Chief Justice Asoka de Silva , heading the five member bench could not attend the proceedings since he had to attend another state event.

 

Latest 15 Reports
20.07.18 22:09   Photo
New Delhi fails to update Jaffna on Palaali airport plans
19.07.18 23:22   Photo
Skulls with bullet-like holes excavated in Mannaar mass grave, women and children among victims
18.07.18 19:21   Photo
Uprooted Mu'l'lik-ku'lam Tamils adopt Ira'nai-theevu approach, enter their lands seized by SL Navy
17.07.18 21:29   Photo
Colombo steps up shadow war against NPC Chief Minister Wigneswaran
16.07.18 22:48   Photo
SL Forest Department seizes agricultural lands of Eezham Tamils in Paduvaan-karai
15.07.18 19:14   Photo
Families of enforced disappeared vehemently oppose OMP sittings in North
14.07.18 19:35  
SL High Court in Vavuniyaa tricked again into postponing hearings on TPP case
13.07.18 23:20   Photo
NPC CM declines participation in Colombo's unilateral task force for so-called Development
12.07.18 12:22   Photo
Genocidal Sri Lanka seizes ancient coastal hamlet of Tamil-speaking aborigines in Trincomalee
11.07.18 18:20  
Collaborationist sections of TNA lose significance, Wigneswaran holds key to unified Tamil polity
10.07.18 21:53  
SL Military Intelligence recommences recruitment of notorious ex-paramilitary operatives
09.07.18 22:30   Photo
Antiquities Ordinance used to justify Sinhalicisation of 48 locations in Mullaiththeevu
08.07.18 19:06   Photo
TNPF protests against Colombo's move to militarise Jaffna Fort
07.07.18 19:56   Photo
SL Police in Champoor blocks remembrance of Tamils massacred by SL military
06.07.18 23:17  
Jaffna University silent to Colombo's pressure, motives behind Fort excavation questioned
 
Find this article at:
http://www.tamilnet.com/art.html?catid=13&artid=33188