The Supreme Court today observed that by virtue of the 17th Amendment to the Constitution, the Commissioner of Elections was empowered to allocate the security for General Sarath Fonseka as he is now contesting the Presidential Elections.
The Supreme Court observed that if the Court grants any order it would be contrary to the Constitution and the matter was listed to be resumed on December 17.
The observation was made when the Fundamental Rights petition filed by the former Army Commander and former Chief of Defence Staff Sarath Fonseka with regard to his security was taken up for hearing today.
The Attorney General forwarded a Security Assessment Report on General (Retd.) Sarath Fonseka to the Supreme Court today Attorney General Mohan Peiris with Senior State Counsel Nerin Pulle appearing for the State, having forwarded the security assessment report on the direction of the Court, contended there was no threat to the Petitioner Fonseka in terms of the said Security Report and beseeched that therefore his fundamental right application should be accordingly dismissed.
When the matter was taken up today Fonseka’s Counsel Romesh de Silva PC contradicted the contention of the Attorney General and forwarded a document said to be a minute of the Security Council under confidential cover and disputed that the Security Assessment Report forwarded by the Attorney General was not a true and a accurate one.
The Attorney General objected to a report of this nature being submitted to Court and raised the query as to how they obtained the said document which was said to be highly confidential.
Counsel Romesh de Silva in response stated that it had been posted to them. Upon consideration of the submissions Court refused to accept the said report.
DM
The Supreme Court observed that if the Court grants any order it would be contrary to the Constitution and the matter was listed to be resumed on December 17.
The observation was made when the Fundamental Rights petition filed by the former Army Commander and former Chief of Defence Staff Sarath Fonseka with regard to his security was taken up for hearing today.
The Attorney General forwarded a Security Assessment Report on General (Retd.) Sarath Fonseka to the Supreme Court today Attorney General Mohan Peiris with Senior State Counsel Nerin Pulle appearing for the State, having forwarded the security assessment report on the direction of the Court, contended there was no threat to the Petitioner Fonseka in terms of the said Security Report and beseeched that therefore his fundamental right application should be accordingly dismissed.
When the matter was taken up today Fonseka’s Counsel Romesh de Silva PC contradicted the contention of the Attorney General and forwarded a document said to be a minute of the Security Council under confidential cover and disputed that the Security Assessment Report forwarded by the Attorney General was not a true and a accurate one.
The Attorney General objected to a report of this nature being submitted to Court and raised the query as to how they obtained the said document which was said to be highly confidential.
Counsel Romesh de Silva in response stated that it had been posted to them. Upon consideration of the submissions Court refused to accept the said report.
DM
