Gen. Fonseka’s appeal against unseating on May 2


by Chitra Weerarathne

The Court of Appeal yesterday fixed for hearing on May 2, 2012, the Writ Application, filed by General Sarath Fonseka, challenging his dismissal from Parliament, consequent to the penalty of 30-month rigorous imprisonment imposed on him by the Court Martial II.

The petitioner applied for the next date to be beyond three months.

The Court Martial II convicted Gen. Fonseka of disgraceful conduct pertaining to chairing a tender board, while he was the Commander of the Sri Lanka Army. The tender board awarded a tender to an Australian firm. The local agency of this firm had a connection with the son-in-law of the General.

Since the penalty imposed for the offence was beyond six months, Gen. Fonseka was disqualified from sitting in Parliament.

Gen. Fonseka in the Writ application requested the Court of Appeal to quash the decision of the Secretary General of Parliament to dismiss him from Parliament.

Romesh de Silva PC appeared for Fonseka.

The Deputy Solicitor General, Mrs. Farzarna Jameel, appeared for the Secretary General of Parliament and the Attorney General.

The bench comprised, Justice W. L. Ranjit Silva and Justice Nalin Perera.

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