The Court of Appeal upheld unanimously that the writ application filed by former Army Commander Sarath Fonseka against the nullification of his Parliamentary seat could be heard.
The petitioner cited Parliament Secretary General Dhammika Kithulegoda, Parliament Deputy Secretary General Dhammika Dassanayake, Elections Commissioner Dayananda Dissanayake, Returning Officer J.Sylvester, Prisons Commissioner General Maj. Gen. V.R. de Silva, Army Commander Lt. Gen Jagath Jayasuriya, Lakshman Nipunarachi and the Attorney General as respondents.
The Court of Appeal had on an earlier occasion referred the case to the Supreme Court for the interpretation of whether the Court Martial was a competent Court or not. After the order of the Supreme Court that the Court Martial was a competent Court was submitted to the Court of Appeal, State Counsel requested the application be dismissed as there was no purpose in proceeding with the case.
Attorney Romesh de Silva, PC, informed Court that there were many more reasons to be clarified besides the Court Martial which he could forward to the Court and requested that he be heard.The Court of Appeal after hearing both Counsel were unanimous in their decision that justice will be better served when they are allowed to present their case.
The Court could not find any legal issues to debar the application and directed that objections should be filed by April 25 and counter affidavit, if any, by April 29.
The Bench comprising Justices Ranjith Silva, A.W. Salam and Upali Abeyratne listed the case for argument on May 3, 4 and 9. |
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