SF challenges 1st CM: CA takes up on 17 July

By S.S. Selvanayagam

The Court of Appeal yesterday (1) re-fixed to be mentioned on 17 July the Writ petition of the former Army Commander Sarath Fonseka challenging the purported 1st Court Martial constituted against him and alleged his military custody.

Justices W.L. Ranjith Silva also listed the Habeas Corpus application which had been filed on behalf of Fonseka by his wife Anoma Fonseka as well to be mentioned on the same date.

Petitioner cited Army Commander Lt. Gen. Jagath Jayasuriya, Maj. Gen. H.L. Weeratunga, Maj. Gen. A.L.R. Wijetunga, Maj. Gen. D.R.A.B. Jayatilake, Rear Admiral W.J.S. Fernando (Deputy Solicitor General) and the Attorney General as Respondents.

Romesh de Silva PC with Riad Ameen, Sugath Caldera and Shanaka Cooray appeared for the Petitioner. Instructed by Sudath Perera Associates, S.L. Gunasekara and Mehran Careem appeared for Maj. Gen. H.L. Weeratunga and Maj. Gen. A.L.R. Wijetunga while Sanjeeva Jayawardena with Monoj Bandara instructed by Sudath Perera Associates appeared for Maj. Gen. D.R.A.B. Jayatilake. Deputy Solicitor General Sanjay Rajaratnam with Senior State Counsel Nerin Pulle appeared for the Attorney General.

Petitioner had sought a Writ of Prohibition prohibiting and/or preventing the 2nd, 3rd and 4th Respondents from continuing with the purported Court Martial and prohibiting and/or preventing the 5th Respondent from functioning as the Judge Advocate in the purported Court Martial as well as prohibiting and/or preventing the Respondents from keeping the Petitioner in military custody.

He had also asked an interim order directing that he be released from military custody pending the hearing and final determination of this application.