Fonseka's Appointment Challenged At Supreme Court

February 18, 2016

The Centre for Policy Alternatives today filed a Fundamental Rights Petition with the Supreme Court, challenging the appointment of Field Marshal Sarath Fonseka to Parliament through the UNP national list.

Through the petition, the CPA argues that the appointment violates Statute 99 (a) of the Constitution of the Democratic Socialist Republic of Sri Lanka since Fonseka was not named in the UNP national list or a UNP district candidate list in the 2015 August General Election.

The appointment violates the fundamental rights of the petitioner and the people of Sri Lanka guaranteed under Statutes 10, 12 (1) and 14 (!) (3), the petitioner said.

The petitioner requests the Supreme Court to issue an order against the appointment of Fonseka. Further more, the petitioner requests an interim order restricting Fonseka's functioning as a MP until the determination of the petition.

UNP General Secretary Kabir Hashim, Sarath Fonseka, Speaker Karu Jayasuriya, General Secretary of Parliament Dhammika Dassanayake, Chairman of the Elections Commission Mahinda Deshapriya and the Attorney General are among the eight respondents named in the petition.

Fonseka did contest the election in August 2015, but did not contest under the UNP ticket. He contested from the Colombo District from the Democratic Party, but failed to enter Parliament. He was appointed following a working agreement signed between the DP and the UNP.