Fonseka’s petition against first Court Martial: CA fixed for mention on 1 Feb.

By S.S Selvanayagam

The Court of Appeal yesterday (18) re-fixed to be mentioned on 1 February the Writ Application filed by former Army Commander Sarath Fonseka challenging the purported first Court Martial against him and alleged his continuous military custody.

The matter came up before the Bench comprising Court of Appeal President S. Sriskandarajah.  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  Petitioner had sought a Writ of Prohibition prohibiting and/or preventing the second, third and fourth Respondents from continuing with the purported Court Martial and prohibiting and/or preventing the fifth 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.