Court Martial is accepted under constitution, SC informs Appeal Court

Court Martial is accepted under constitution, SC informs Appeal Court

January 25, 2011   02:05 pm

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The Supreme Court today (January 25) ruled that a Court Martial is a court accepted under the constitution of Sri Lanka. The five member Supreme Court judge bench had informed the Court of Appeals of the judgment.


Accordingly the judgment was proclaimed by the three member Appeal Court judge bench headed by Judge Ranjith de Silva today.


The Appeal Court had requested the Supreme Court of an interpretation of a Court Martial in regard to the appeal submitted by Sarath Fonseka against hes Parliament seat being abolished.   


Hence Chief Justice Ashoka de Silva and Judge Salim Marshuk had both presented separate verdicts to the Appeal Court. Both verdicts state that the Court martial is an accepted court under section 89 of the constitution.


While pointing out that the Court martial has the authority to enact a death sentence or a prison sentence, the Supreme Court also states that only an accepted court could do so.

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