The Supreme Court has granted leave to proceed in a fundamental rights petition filed by Anoma Fonseka, wife of defeated Common Opposition candidate, General Sarath Fonseka, against the unlawful and arbitrary arrest and detention of General Fonseka.
In her petition, Mrs. Fonseka says that on February 8 her husband, General Sarath Fonseka, was holding a meeting with political leaders at his campaign headquarters when he was forcibly removed from his office by military police officers and subsequently arrested and detained. She claimed that under the Army Act, a junior Army officer may not arrest a very senior Army officer.
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| Ministers Mahinda Samarasinghe and G. L. Pieris arrive in court for the petition hearing. Pic by Sanka Vindangame |
Mrs. Fonseka maintains that a military arrest of this nature was ex facie irregular and unlawful in any event. She states that Major General Sumith Manawadu and Military Provost Marshall Brigadier Wijesiri had directed the Army officers to forcibly remove General Fonseka and arrest him, and that this was done in a most insulting way.
In his submission, the Deputy Solicitor General (DSG) Sanjay Rajaratnam said the petition had not been filed by an attorney-at-law and was therefore not acceptable in court.
Mrs. Fonseka’s attorney told court that General Fonseka was a retired military officer and therefore should not be tried under the Army Asct. He added that any person arrested under the Military Act was entitled to receive a charge sheet within 24 hours of being arrested.
Justice Shiranee Thilakawardena then asked the Deputy Solicitor General whether a charge sheet had been presented within 24 hours. The state counsel answered that a military investigation was still in progress.
The bench, comprising Chief Justice Asoka de Silva and Justices Shiranee Thilakawardena and Chandra Ekanayake, granted leave to proceed in the fundamental rights petition.
The granting of interim relief will be considered on February 23.
In their petition, Anoma Fonseka, Mrs. Shyamila Perera and General Sarath Fonseka have cited five respondents: Commander of the Sri Lanka Army, Lt. General Jagath Jayasuriya (1st respondent); Officer-in-Charge of Colombo Security, Major General Sumith Manawadu (2nd respondent); Secretary of Defence, Gothabaya Rajapaksa (3rd respondent); Military Provost Marshall Brigadier Wijesiri (4th respondent), and the Attorney General (5th Respondent).
Deputy Solicitor General Sanjey Rajaratnam with Senior State Counsel Nerin Pulle appeared for the Attorney General; Sibri Aziz, PC, with Wijedasa Rajapakse, PC, and Upul Jaysuriya appeared for the petitioners; S. L Gunasekera with Sanjeewa Jayewardene and Manoj Bandara, instructed by Sudath Perera Associates, appeared for the Secretary of Defence, Gothabaya Rajapaksa (3rd respondent) and Military Provost Marshall Brigadier Wijesiri (4th respondent).
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