Court Martial-SC to decide

28 October 2010 10:28 am

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.