0The Court of Appeal today released a copy of the Presidential pardon granted to former Army Commander Sarath Fonseka that spelt out under what conditions he was released from prison.
The order was made when the Writ petition of Petitioner Sarath Fonseka seeking to sit and vote in Parliament was taken up before the Bench comprising Justices Sisira De Abrew, A.W.A. Salam and Upali Abeyrathne. Counsel Saliya Peiris appearing for Fonseka brought to the notice of the Court that though they called for a copy of the Presidential order enabling his release, they had not yet received it.
The Court perused the docket and informed the Counsel that the document was in it and directed the Registrar to issue the Counsel a certified copy of it. The matter was fixed for hearing on December 13.
The Court of Appeal, on June 14, called for the copy of the order by the President granting pardon to former Army Commander Sarath Fonseka enabling his release.
The Court called for the copy of the order on a request by President’s Counsel Romesh de Silva who appeared for the Petitioner Fonseka.
Counsel Romesh de Silva had submitted that the President made an order under Article 34 of the Constitution that Petitioner Fonseka should not serve the sentence imposed on him.
He had also submitted that they wrote to the Secretary of the Justice Ministry for a copy of the order but they had not received on yet. (S.S. Selvanayagam)