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Court Martial-SC to decide

28 October 2010 10:28 am - 28     - {{hitsCtrl.values.hits}}

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The Court of Appeal today referred to the Supreme Court on the question of whether the Court Martial is a Court in the sense of the Constitution, for a constitutional interpretation.

The Bench comprising Justices R.L.Ranjith Silva and Upaly Abeyrathne referred to the Supreme Court for its constitutional interpretation in respect of Article 89(d) of the Constitution.

With regard to the question of issuing Interim Order, the Bench comprising two judges were of division of opinion. In view of the division of opinion, the Court referred the matter to the President of the Court of Appeal Sathya Hettige to nominate a fuller Bench to sit tomorrow.

The Court made these orders sequent to the Writ petition filed by former Army Commander Fonseka seeking the Court for an order directing the Respondents to take all necessary steps according to law to enable him to sit and vote in Parliament and to exercise his powers, privileges and immunities as a Member of Parliament.
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  Comments - 28

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  • Izy Thursday, 28 October 2010 05:52 PM

    The Courts ordered the reduction of petrol sometime back it didnt happen. So there is no respect to the judiciary in SL.When the Lion is away, fox is the king of the jungle.

    Nandimithra. Friday, 29 October 2010 07:01 AM

    Unlikely if you consider the recent judgements and the dismissal of Presidential Election Petition.

    sham Thursday, 28 October 2010 10:34 AM

    Hope the CJ AND the clannes have guts to protect the common Law in the country.

    truth Thursday, 28 October 2010 10:47 AM

    roaming between Pilot and Herod.?

    Mihin Friday, 29 October 2010 01:05 AM

    Well said. HEN is in a country where your lips are sealed. Its good as far as your government is one of the best in the world. But do not nose in to our matteres where politics and thuggery rules at the moment.
    Marjulah Singapura, Jaya Sri Lanka
    Mihin - Singapore

    J Thursday, 28 October 2010 11:14 AM

    Good Luck General

    Demo Thursday, 28 October 2010 11:14 AM

    On whom will the curse of this unjust fall. Perhaps on many generations to come. Someone must break the chain of these sins.

    willows Thursday, 28 October 2010 11:19 AM

    No one has guts to walk head straight??? like the way GSF walks, what a sad situation???

    PAHATHARATA NILAME Friday, 29 October 2010 02:00 AM

    WE HOPE THAT SUPREME COURT IS THE ONLY AUTHORITY THAT CAN MAINTAIN THE LAW OF THE COUNTRY

    jayant Thursday, 28 October 2010 11:31 AM

    Let us see if natural justice prevails over whatever manipulations made by the government.

    hen ling, Singapore Thursday, 28 October 2010 11:34 AM

    Your SF is no more entitled for General, so do not use GSF. You really think that your SF is walk straight. Pathetic.

    Tonto Friday, 29 October 2010 03:14 AM

    What kept the 'black coats' from coming to this conclusion for so long??

    Nishen Thursday, 28 October 2010 11:37 AM

    Hen - He will always be people's General. Respect is something which cannot be banned by a court order.

    Dushantha Thursday, 28 October 2010 11:51 AM

    Who is this hen ling of Singapore ? has the GSF taken money from him and betrayed ? or do you get some sort of scratchy feeling about the matters relating to Sri lanka. If so what is the connection. Whether SF or GSF is a matter realted to Sri Lanka and non of business to out siders. Just because you are front of the key board how do you dictate terms to we saying that "so do not use GSF" if this was said by the HE MR then we can say that he is the President of Sri Lanka. but who is this hen ling ? I really like to know what GSF or SF has done to him. May be something cannot be written ?

    dil Thursday, 28 October 2010 12:05 PM

    as ur profile says ur from Singapore ur excused for u comment! but it is advisable to stay quiet if u do not know much "hen".!

    hemantha Thursday, 28 October 2010 12:11 PM

    We could see how is true judiciary in our country AFTER this case !

    Yehiya-Doha Thursday, 28 October 2010 12:26 PM

    No need supreme court.Court Martial never come to under constitution. Then why Mr. Rajive attack case come to civil court. We need true Judiciary to every human.

    Yehiya-Doha Thursday, 28 October 2010 12:27 PM

    We need all supreme court judges for this case.

    Heamu Thursday, 28 October 2010 12:34 PM

    It is good at least one of the two learned judges think that the Court Martial is not a Court in the sense of the Constitution. Now it is 50 to 50 verdict. Doubt of the court should go in favor of SF. Will MR select a judge to overthrow this balance. Surely it will happen.

    Ibnu Batuta Thursday, 28 October 2010 01:02 PM

    hen, are you doing any business with the present set up or hoping to do in the future....?

    Siri Thursday, 28 October 2010 01:05 PM

    He pioneered all Sri Lankans to be free from daily mayhem by ACTION - so he will be General Supreme in the history books. As for walking straight - you think you can do better in leading 200,000 troops and win a 30yr old war? Hot air whether by you or by any other couch potatoes will not suffice.

    sf Thursday, 28 October 2010 01:53 PM

    Hope the Judges would be strong enough to give the proper decision, without bowing down to influence. Long Live General!

    Dil Thursday, 28 October 2010 02:37 PM

    my friend "Yehiya" I am afraid the script of this drama was long ago written!!!! it will take a lot of bravery from the Learned Judges to innovate the Drama!!! But let us hope & pray for the future generations of this country they will uphold the "SUPREMACY OF THE JUDICIARY!!!"

    Ibba Thursday, 28 October 2010 02:46 PM

    This is another type of drama to strenghten the judgment given against Army Commander SF. We hope again atleast to prevail justice for the opressed.

    Oyage Podi Guru Thursday, 28 October 2010 03:31 PM

    Fairly clear the British left a very muddled situation.

    peiris Thursday, 28 October 2010 03:38 PM

    If you know the law have guts to apply it. Please do not pass the buck

    Francis Thursday, 28 October 2010 03:47 PM

    let us see General get justice from jungle legal system of the country.

    dpl Thursday, 28 October 2010 04:56 PM

    judges must respects the laws and maintain the honesty and intergrity, of the democtatic country.of srilanka.supreme courts is above the court martial.


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