No demos in and around Court complex - Chief Justice
by Sarath MALALASEKERA
Chief Justice Asoka de Silva said that no one should be allowed to
conduct any demonstration or protest campaign in and around the Court
Complex.
The Chief Justice made this observation during the proceedings of
General Sarath Fonseka’s Fundamental Rights application on Friday.
When the Fundamental Rights application of General Sarath Fonseka was
taken up before a three-Judge Bench of the Supreme Court on Friday
Deputy Solicitor General S. Rajaratnam, who appeared for the Attorney
General told Court that all facilities including General Fonseka’s wife
Anoma Fonseka visiting him with lunch, dinner and medicine had been
allowed.
DSG Rajaratnam also brought to the notice of the Court that
President’s Counsel Wijedasa Rajapaksa and a Justice of the Peace had
also been permitted to visit General Fonseka to obtain his signature for
several legal documents. The three-Judge Bench of the Supreme Court
comprising Chief Justice Asoka de Silva, Justice Shiranee Tillakawardena
and Justice Chandra Ekanayake heard the Fundamental Rights Applications
filed by Ms. Anoma Fonseka, wife of General Sarath Fonseka who was
arrested and detained by the Army and the New Democratic Front Secretary
Ms. Shamila Perera.
The petitioners cited Army Commander Lt. Gen. Jagath Jayasuriya,
Officer-in-Charge of Colombo Security Maj. Gen. Sumith Manawadu, Defence
Secretary Gotabhaya Rajapaksa, Head of the Military Police Military
Marshal Brig. Wijesiri and the Attorney General as respondents.
The Supreme Court granted leave to proceed with the Fundamental
Rights Applications filed before Court by Ms. Anoma Fonseka and Ms.
Shamila Perera.
In his lengthy submissions DSG Rajaratnam said that the Fundamental
Rights applications before Court were not properly constituted and moved
Court to dismiss the applications.
President’s Counsel Shibly Aziz, Senior Counsel for the petitioners
citing several authorities submitted that the Supreme Court had widened
its Fundamental Rights jurisdiction beyond what is stated in the
Constitution.
Justice Tillakawardena said that one should not merely go by the
words in the Constitution, but one should go by the spirit of the
Constitution.
After lengthy submissions by the DSG and the Senior Counsel for
petitioners, the Court overruled the preliminary objection by the DSG.
The Court will consider granting interim relief on February 23.
DSG Rajaratnam with Senior State Counsel A. Nawaz and Senior State
Counsel Nerin Pulle appeared for the Attorney General.
President’s Counsel Shibly Aziz with President’s Counsel Wijedasa
Rajapaksa, Upul Jayasuriya and Chrismai Warnasuriya appeared for the
petitioners.
Senior Attorney-at-Law S. L. Gunasekera instructed by Sudath Perera
Associates appeared for Major General Sumith Manawadu who is in charge
of the Colombo Security.
Senior Attorney Sanjeewa Jayawardena instructed by Sudath Perera
Associates appeared for the Chief of the Military Police.
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