Court allows hearing of petition seeking Fonseka’s release

COLOMBO - Sri Lanka’s Supreme Court Friday allowed the hearing of a petition seeking the release of General Sarath Fonseka, the former army chief, who is being held on allegations of conspiracy against the government.

The petition was filed by Anoma Fonseka, his wife, on behalf of her husband, who is being held at navy headquarters.

“The preliminary step of the hearing of the petition known as ‘leave to proceed’ was granted by a bench comprising Chief Justice Ashoka de Silva and two other judges,” one of Fonseka’s lawyers said.

As the hearing opened, more than 2,000 army and police personnel ringed the court complex and checked those entering.

General Fonseka, who lost last month’s presidential elections against the incumbent, President Mahinda Rajapaksa, was arrested Monday on allegations that during his time in office he leaked sensitive military information to the opposition and conspired against the government.

The court overruled an objection by the counsel representing the state that the petition should not be taken up as it had been filed not be by aggrieved person but by his wife and allowed Fonseka’s lawyers to make submissions on his behalf.

A subsequent hearing was scheduled for Feb 23.

Granting permission to proceed with the petition amounts to a preliminary acceptance of the case’s facts by the court, the general’s legal counsel said.

Street protests demanding Fonseka’s release have taken place around the country.

Fonseka, who ran as the opposition candidate in the Jan 26 elections, led the final phase of the military offensive against the rebels of the Liberation Tigers of Tamil Eelam, who were defeated last year.

Soon afterwards he was transferred to the ceremonial post of chief of defence staff, a development which led to a rift with the president.