Attorney-at-Law Upali Premalal Jayamanne has petitioned the Supreme Court that General Sarath Fonseka, who has retired from service, should vacate the official residence of the Army Commander, and make the residence available to the present commander of the Sri Lanka Army. He has requested the Court to direct the Secretary Defence and the present Army Commander to take possession of the official residence and any other quarters occupied by Fonseka.

The petition says that there are widespread rumours and speculations that Fonseka after organising a section of the population to rally round him, is likely to overthrow the lawfully elected government, and to impose a military rule, and thereafter suspend the operation of the Republic of Sri Lanka.

In the circumstance, the occupation of the official residence by Fonseka is a grave threat and danger to the security of the State, as it would facilitate, him to stage a military coup and overthrow the government. The petition adds that the request by the General for 600 security personnel should be carefully considered and excessive personnel should not be granted to him.

The petition says that on November 10, 2009, Fonseka participated at a function at Dharmasoka College, Ambalangoda. On that day the security staff of General Fonseka had closed all the roads in the vicinity for about two hours. The petition said that it was a military exercise for setting up a parallel State rule.