Appeal Court reserves order on Fonseka’s application

[TamilNet, Thursday, 11 November 2010, 08:44 GMT]
The Sri Lanka’s Court of Appeal Wednesday reserved its order on the Writ Application filed by Sarath Fonseka, former Commander of the Sri Lanka Army seeking interim relief to enable him to attend parliament to vote on November 18, the day before the incumbent Sri Lanka’s President Mahinda Rajapakse takes oaths for the second term. The three-member bench of the Court of Appeal comprised Justices R. L. Ranjit Silva, A. W. A. Salam and Upali Abeyaratne heard the submission of the petitioner and the Attorney General Wednesday.

The Bench comprised Justices R. L. Ranjit Silva, A.W.A.Salam and Upali Abeyratne was constituted as the two member bench earlier appointed referred the matter to the Court of Appeal President as they were divided on the question of allowing the writ application.

Petitioner Fonseka is seeking the Court for an order directing the respondents 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.

Fonseka is the leader of the Democratic National Alliance.

He is also seeking the Court to stay the operation of the Gazette Notification declaring the 7th Respondent Lakshman Nipunarachchi of the DNA as being duly elected as a Member of Parliament from the Colombo District to succeed him parliament until the final determination of this application.

Secretary General of Parliament Dhammika Kithulegoda, Deputy Secretary General of Parliament Dhammika Dassanayake, Elections Commissioner Dayananda Dissanayake, Returning Officer J. Sylvester, Commissioner General of Prisons Major. General (retired), V.R.de Silva, Army Commander Lt. Gen. Jagath Jayasuriya, Lakshman Nipunarachchi and the Attorney General were cited as Respondents.

Romesh de Silva PC with several counsels appeared for Fonseka. Deputy Solicitor General Ms Farzana Jameel appeared for the Attorney General.