Silva: Fonseka Cannot Be Tried Under Army Act
By Faraz Shauketaly and Mandana Ismail Abeywickrema
Sri Lanka’s former Chief Justice, Sarath N Silva has caused a stir locally with his analysis of the existing law: the Army Commander he says, cannot be charged under the Army Act. At a Press Conference in Colombo the former Chief Justice made quite an impact with his own take on the existing law and its interpretation.
The former CJ said that according to the Army Act – under which General Fonseka is said to have been held since 8th February – arrests can be made very specifically when the person being arrested is subject to Military Law. If such a person, being subject to Military Law commits an offence contrary to military or civil law, he can be arrested and held in military custody. Section 57 of the Army Act extends the time period for such responsibility and liability and accountability. The key test, in the former CJ’s opinion, was to ensure whether the subject – in this case General Fonseka – was subject to Military Law.
According to Sarath Silva, there was no complexity in deciding who exactly was subject to Military law. Part VII of the Army Act notes them to be as a) All Officers and Soldiers of the regular force; b) All officers and soldiers of the Regular Reserve volunteer Force. Additionally Section 8 deals extensively with the Army Commander. The term Officer is defined precisely in section 162 to mean “an officer commissioned as an officer of the army”.
Analysis of the relevant sections would reveal that the Army Commander is neither a commissioned officer nor an enlisted soldier. In fact, under section 8 of the Act, the President shall appoint ” a fit and proper” person to command the Army. In effect, it follows that the Army Commander can be a civilian. That is the interpretation offered by the former Chief Justice.
Sarath Silva was at pains to point out that he was offering his interpretation so as to “kindle the compassionate reflection of right thinking people.” He has done more than that: he has created a veritable hornets nest amongst the legal community and the people of Sri Lanka.
This person has lot of interprtations, if any body can remember how he interpreted the law while he was in the office can asses and determine his behavior.
Karuna Raja Gedara… General Hira Gedara…
Mahinda Rajapaksha Awajathaka Para Ballta Hena Gahapan…
Fonseka said “Indian Polititians are Jokers”. India is playing very well to revenge Fonseka. Mahinda is licking Indian a…..
WIERD LANKA
-KP the LTTE leader with millions of evidence…..still no court cases after more than 6 months
-Underworld king pins as ministers….. but govt. is framing charges against the general who saved lanka
-Police watches while govt. goons attack people…. no arrests
-JVP member killed following attacks by presidents security …. no one guilty
-Police watches while govt. supporters torch opposition office…. no one caught
-Ministers and MPs.. hundreds of corruption scandals involving billions…….. no investigations
- Some ministers found red handed such as Alaska job scandle…… no punishment
-Many journalists killed or attacked……. not a single culprit found
From the day he decided to go against the jarapaksa
- security slashed
-asked to leave house with in 3 days ( others given 3 months)
-even prevented getting a suitable house
-raided house at night many times
-During election bombarded state media against him with out the right to reply in same media
-surrounded hotel on day of election
-raided his office, arrested his support staff, harassed
-reduced security to 4 police when other ex commanders had hundreds
-Tried prevent election petition
- FINALLY AFTER ARREST WAS TRYING TO FIND ANY THING TO FRAME HIM AGAINST ALL NORMS OF LAW!!!
but…..
- hailed as worlds best General
- Saving lanka of 30 yr death and destruction
-Having given a unique service to lanka for 40 yrs
-Having almost sacrificed his life twice
was humiliated, arrested like a worst criminal and after arresting trying to find reasons to justify it…….
WELCOME TO JUSTICE IN LANKA !
It is not Lanka’s problem. The Problems are coming from Mongolian Buddhism.
In 1971 the JVP were THRATAHVADAYO, later LTTE were Terrorists, Now Sarath Fonseka is a Traitor and put in cell saying that he too is a TERRORIST. sf WANTED SEE THDE POOR PEOPLE TO LIVE IN PEACE HAPPILY AFTER THE WAR WAS OVER. So he wanted to contest in the Presidential elec\tion and that was a mistake and he is branded as Traitor and Terrorist. Even in 1971 when JVP said “tHAKUNATA (SOUTH) Kakiri and COLOMBATA KIRI (Milk), so they were branded Trasthavadayo. When LTTE were nfighting for their peoples freedom they were called Terrorists. Then how come the man who won the war against the Terrorist is being taken into custody and trying to put him in jail for ever. I LIKE TO KNOW WHO IS THE REAL TERRORIST IN SRILANKA. THE POWER HUNGRY PEOPLE ARE TRYING TO OVERPOWER THE POOR AND TO REGIME FOR EVER IS THE REAL TERRORIST. THE PEOPLE MUST CHOOSE THE BEST PEOPLE TO THE PARLIMENT IN THE COMING ELECTION, DISCARDING THE THUGS, KUDUKARAYO, PIMPS, THEIVES, WHO ARE ENJOYING LUXARY LIFE BY THE PEOPLES MONEY AND THE ARTISTS, SPORTS PEOPLE ARE NOT SUITABLE FOR THE PARLIMENT. SELECT THE GOOD HEARTED PEOPLE AND SEND THEM TO GET AWAY FROM THIS PRESENT REGIME AND TO GET 2/3 MAJORITY, TO RANIL AND SARTH F PARTIES, WHOM IAM expecting about 140 seats. Eman
Let me start saying that you couldn’t have been a SF supporter during the war. You must have been an arch enemy of him at the time.
SF had been a war hero for us, the Majority in this country while and immediately after he led the fight that eradicated LTTE. However, he has become a traitor to us when he joined those that opposed the war, and those that ridiculed him during the war, and those that call him a murderer during the war.
When SF threatened to give evidence at any international court on hearsay stories of ‘war crimes’ against his subordinates like Shavendra Silva and superiors like Gotabhaya who stood by him while he persecuted the war, he has become an absolute traitor for us.
Whether ‘war crimes’ claim, I mean white flags etc is true or not has nothing to do with SF being marked as a hero or traitor. The fact is; SF blew hot and cold simultaneously and made himself to look a fool or he made us look as fools, if we have accepted he as a bonafide. More to the point: SF cannot call himself a war hero and at the same time he cannot castigate those that assisted him to be a war hero as ‘war criminals’. Now, we shouldn’t be accused as ones have put blue glasses on. On the contrary the ones that support SF must be wearing blind’s glasses for they look as if they cannot reason.
I do not approve RanilW’s policies. But I must say; unlike SF, RanilW is an ‘A’ grade fox. Unlike you people, RanilW knew all along that SF would lose and his ego trip come to an end after Presidential election. Only fools will adjudge superficial action of RanilW is his true motives. RanilW’s aim had been to save his leadership of the UNP. Now that SF is on a long haul flight to Bogambora, Ranil is in a win, win situation. One needs no more proof for this line of thinking than UNP dropping swan and getting back on the elephant.
Murderers of yesteryear, the JVP has clung on to SF because they have no other option. Same goes for Arjuna Ranatunge. For ordinary people like us, the JVP lot has become an anathema.
I don’t know whether Rajapakses are saints or villains. But, must say; no amount of wild accusations makes them a guilty party. Such indolent acts do not infuse suspicion in the minds of the general public. In fact it works in favour of them. That is why Rajapakses win elections handsomely.
Hence, I suggest, those that accuse Rajapakses as crooks, thieves, swindlers and etc. must come out with fact like Ivan did recently against the former CJ. I am sure this cannot be that hard. They mustn’t bring about this crap about white vans etc to cover-up lack of facts. Those like Sunanda who lives abroad can come up with their evidences of fraudulent acts of Rajapakses in the internet, face book, twitter and etc.
Finally, let me finish off by prophesying that SF will not get enough votes to get him elected to Parliament from Colombo district. And as for JVP, they may get just one slot from the national list, if they are lucky. You may disagree with me but try to remember me on 8th April.
Former Chief Justice Sarath Silva himself is a controversial man. Recently, Victor Ivan, the Rawaya editor had spoken aptly about him at ITN in a chat show. Not that I am a gullible enough to accept all what was said about him as the truth. But in the absence of even a simple retort from the former CJ, we are compelled to accept what Ivan says is true. Sir; defend yourself; otherwise you stand guilty of everything that you are accused of.
Now, a former CJ, the man who is accused publically not just of immoral but many an illegal acts must clear his name before he cast stones at others.
We are all controversial in one way or another.
You should ask Victor Ivan to refresh his memories and go back to his good old JVP days. Not only as a violent JVP’er he destroyed our country, this victor Ivan was playing LTTE sympathy card for years !
Now suddenly he is trying to act like a lion !!
this is why I always say, Clean your sh*t before talking abt others mud !
Talking abt Controversies, could you please elaborate why Mahinda Rajapakse used his personal accounts to save Billions of Tsunami funds came from abroad ? Wasn’t this highly Unethical ? !
Could you please elaborate why Mahinda Rajapakses Namal putha is in all smiles with LTTE thugs ? Wasn’t this an insult to all Sri Lankans ?
CJ may not be perfect, But at least he did not rob our country, he did not disgrace our country, he did not sell our country to China, India or any foreign power.
Thanks to CJ we all know how previous governments sold our properties for sh*t !
AND most importantly, thanks to CJ we have North & East separated still !
So Leela, be a big person, judge our CJ using Everything, not just with some sh*t spoken by a lunatic.
Talking abt ITN, No-Body in these days watch ITN. So good old CJ may STILL don’t know this attack. So please let him know. Though I do not expect Idi Amin to give a space for a rebuttal.
Cost of the destruction of JVp is peanuts comparing to
present day robbing by rogue politicians, it was terrific
loss for the JVP who lost thousands of their hardcore cadres.
Victor Ivan & others who left could not keep up with
deciplinary rules of the JVP, I liked Victor for his controversial articles, not anymore after reading Chowra Rajina in that he lies in a portion as CBK deliberately
collaberated to explode the bomb at Town Hall to win sympathy vote for her,though i hate CBK i cant
accept lies from any quarter, she herself a coward,
will she accept to forego her eyes, she narrowly missed if not for that bomb proof car.
thats how victor Ivan became a liar,
If a person goes to ITN to brag , his credibility is in
question .
Former CJ may not have demanded or taken bribe directly. But, he is no saint as he tries to project very often. His favorite cohort like the one that Ivan named at the interview as well as in his petitions to court is his pimp as well as the go between him and sitting judges. I know this man personally, so I don’t want to talk further and name him here.
If the government appoints a commission to inquire in to his activities while he was CJ, as Ivan proposed, a lot of unnecessary things will come out in to open. Just like SF, former CJ too has many a skeleton in his cupboards. He knows it. I sincerely hope it will not happen because I believe he has done a lot to this nation while he was the CJ in spite of lecherous acts he is said to have done.
As I said, I am neither a Ivan supporter nor a gullible to every story that Ivan put forward since he became a journalist. In fact I am waiting for a platform to grind an Axe with him about several of his reportings. One is samanera monks.
MR Henchmen & cohorts also has skeletons in their cupboards, when opening let us open
all of their cupboards.
When Indigenous People were killed and burnt on the roads by the Buddhist Monks lead forces and thugs, the whole Singheelam was SILENT.
Then they protested harmoniously, the whole Singheelam was SILENT.
Then they armed and fought against the Evil Regime(s), the Singheelam was SILENT.
NOW, the EVER WAR HERO, who fought with His OWN Berger People, thrown into the Jail by DRAGGING by HIS FEET, The Singheelam wants the Tamileelam to Support and Console.
Does Singheelam has a Problem?
SO YOUR FAVOUTITE LEADERS ARE ONLY ACT ACCORDNG TO THE LAW????? EH..??? KEEP ON DANCE….FOR FREE LIQUOR…
You should bring out skeletons from their cupboards as Sheriff says. There is a good platform here to start with. But come out with facts like Ivan did of late.
This Sarath Nanda Silva is my dearest pet. I appointed him as the Chief Justice because he is a good womaniser. He knows nothing about the law. But sure he can give some invaluable advice regarding how to keep brothels. Oh yes! Very good player at that even at that age.
So my dear, do u still work in his brothels ?
For your size, how many rods you need to satisfy.
In Fact, all the Fernandos, De Silvas, Fonsekas, Pereras and all the Portugese;Dutch;British Descendants and Christians are in Trouble; They are on the queue to Jail.
As the Chief of the Defence Force (until Nov 2009) Fonseka bore a commissioned rank of four star General. This of course is an Army rank, and the SC likely to deem Fonseka an Army Officer. In this regard, I think ex CJs arguments are weak. Fonseka needs a better advocate !! He should look for somebody not tainted by body politcs. Who knows which way the ex CJ is bending as the political wind direction changes.
Can Fonseka be tried under the Army Act over an alleged misconduct (political activity) while serving as the CDF? To answer this question,a precedence would be necessary. Not easy to find!!! May have to go back as far as the First World War.
In defence of Fonseka, there would be many examples of four star Generals, supreme commanders, who did politiking while in uniform and went on to contest (and in some case win) high political office.
When it comes to the allegations over Army procurement; Fonseka’s time as a member of the Army Tender Board occurred well over six months prior to his arrest – and a particular decision in favour of Dhuana’s firm may have happened even further back in time.
So, this charge will hang on the interpretation of the “intent” of the six months rule by the SC. It is well worth argueing the “Intent” of that particular Army Regulation.
True, all public servants engage in politics. Why not personnel in all the forces? However have they not signed off that right when they joined their respective forces?
Is there a time frame for a charge to be instituted after a crime being committed. I wonder!
Whatever anybody says, one group is sure to be joyed when the brave general is humiliated this way, it is the LTTE’s financial supporter Emil Kanthan (or could be his agenda) He was seen recently photographed with Namal Rajapaksha. What has our intelligence service done about it… NOTHING.
This is the LTTE’s next war Strategy against Singheelam.
Some one said Kanthan is a double agent who will get us few more Ltters like KP.
I am not capable of making any comments or observations on what former CJ has to say. But observations made by learned men who had made a mark in law field on some of the judgements of the exCJ and how the Judicial Service Commission worked when he was the head of it, made a mockery of our democratic system and rule of law. Whenever I think of the former CJ; I am always reminded of the “Help the Hambantota Case”
Like all others, the former CJ had his favorites. The question should be whether it is more or less than others who held that position.
I am no lawyer. As a layman, I say, judgement by the judges of SC has to be beyond the law books. It has to reflect the mood and the views the populace of the country concerned. Otherwise the country itself could lead to anarchy. In that sense, I believe, the former CJ had done a good job. The question is; whether he did so for the good of the country or for the purpose of achieving his own political aspirations.
Another question is; whether the former CJ got carried away thinking he could be a ‘political’ hero like the CJ in Pakistan. The fact that political situation in Pakistan at the time is different to that of Sri Lanka is another matter. What matters is; an NGO dollar shark, Thisaranee Gunasekara had written a write-up along that line of thinking at the time. She prophesied at the time that commotion like in Pakistan would be in the streets of Sri Lanka. Had there been a connection?
If CJ helped Rajapakses as Edward says; “Help the Hambantota Case”, perhaps he would tell us when and why he fell out of their theater.
Dear Leela
Isnt reducing the price of petrol to Rs 100/= by former
CJ is the mood of the populace (in your own words).
Sheriff; You are right, it is good move from the point of view of the petrol consumer. It would have benefited me personally as well. But, we have to take in to consideration that there was a decisive war that had the be financed at the time. May be public at large looked at it that way. And thats why JVP couldn’t muster a successful strike that time.
So you have a car?
a mopped, Psycho
I dont think that RW is a fox. If he was, he would have won an election by now. The only reason that the UNP joined SF for the presidential election was bcos it was the only chance they had after the UPFA swept the provincial council elections solely on the war victory factor. SF being a partner in that victory offered the UNP a slim chance of victory. As for the UNP not contesting the general elections with SF, it is unfair to point a finger at them, bcos they repeatedly said that they are joing SF ONLY for the presidential elections and not thereafter.
Mahinda never dreamt of winning the war, he specifically indicated in his ‘chinthanaya’ that he would bring peace thro negotiations. It was only SF’s determination and grit that saw the defeat of the LTTE. Having defeated death twice thro the hands of the LTTE, perhaps it was revenge that drove him, yet he got the job done. He deserves the credit, but now he is a fallen hero.
Maybe he will not get into parliament – MR will make sure of that, but everyone needs to remember that what goes around, comes around.
I saw that Sarath having sex in a car at Parliament road. Sri Lanka is lucky that Fonseka is now in jail. Otherwise these two Sarath would have made the whole country into a brothel.
The whole country was created by Brothel Customers.
Most Singheela Men goes to Monkhood and leaving their women to invite Muslim and Berger Men to have a white skin babies.
Most of the govt people have white skin and very well respected for their white skin.
Mr.Dilshan, I doubt you are having an inferiority complex, that related to white skin. Please have a check up before it get worse.
who cares of former CJ, curently he is like me and you. He was corrupted earlier now corrupted in a differnt side.
BTW. does this space get moderated, as I can see people are writing rubbish on these spaces?