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SC moved against Fonseka’s arrest

A fundamental rights violation application was filed by Mrs. Anoma Fonseka in the Supreme Court, yesterday, challenging the legality of the arrest of General Sarath Fonseka by the Military Police in Colombo on February 8, 2010.

The petitioner requested the Supreme Court to grant interim relief by ordering the release of Fonseka on any condition the Court deemed fit or to order that he be produced before the Court at every hearing to ensure that he is in safe custody.

The petition said that there was a threat to Fonseka’s life, his family and lawyers should have unhindered access to him and proper medical care should be given to him.

The petitioners are Mrs. Anoma Fonseka, Attorney-at-law Sharmila Perera of the Democratic United front and Fonseka.

The petitioners said they had reliably learnt that Fonseka was being held in junior naval quarters and would be shifted to the North shortly to be lodged in another naval abode. The petitioners wanted him duly and properly treated while in custody.

The petition said that the Fonseka had been arrested to impede his campaign for the next General Election and to restrain him from signing a petition against the conduct of the Presidential Poll of January 26, 2010.

The petition added that Fonseka could not be tried under the Army Act since he had retired on June 15, 2009. He could be tried, if at all, under the normal law of the country. "The move to try him in an Army Court is mala-fide and bad in law."

The petition will be supported shortly by Shibly Aziz, PC appearing with Chrishmal Warnasuriya.

The petition said that General Fonseka had an unblemished service record in the Sri Lanka Army had been awarded the Vishishta Seva award by President Rajapaksa.

The respondents cited in the petition are Lt. General Jagath Jayasuriya, Army Commander Major General Sumith Manawadu, OIC – in charge of Colombo Security, Sri Lanka Army Head Quarters, Gotabhaya Rajapaksa Secretary, Defence, Brigadier Wijesiri, Head of Military Police, Slave Island and the Attorney General.

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