SC issues enjoining order on Appeal Court proceedings on Fonseka’s petition

The Supreme Court on Tuesday issued an enjoining order on the proceedings of the Appeal Court regarding a writ application filed by former Army Commander and Democratic National Alliance (DNA) leader Sarath Fonseka.

The writ application was filed by Fonseka seeking permission to attend the parliamentary sessions.

A five-judge bench headed by Chief Justice Asoka de Silva gave the ruling after considering the Appeal Court’s request for a Supreme Court determination on whether the Court Martial which sentenced Fonseka is considered a Court or not.

The Supreme Court bench ruled that once the Appeal Court refers the matter to the Supreme Court all proceedings in the Appeal Court should cease. Therefore Appeal Court proceedings will be halted till the final determination of the case by the Supreme Court.

The next hearing has been scheduled for 6 December.