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Ex-Chief Justice Sarath Silva asks President to do for Fonseka what Judiciary did for Mahinda ea...

Oct 26, 2010 6:35:40 AM- transcurrents.com

By Kelum Bandara

Former Chief Justice Sarath N. Silva who signed the public petition yesterday demanding the release of retired General Sarath Fonseka said even President Mahinda Rajapaksa would have been destined for something different if the judiciary had not upheld his human rights in the past.

Addressing a function to mark the signing of the petition, the former chief justice recalled that President Rajapaksa had lost his civic rights during the latter part of 1980 because of a court ruling on an election petition on the Kalawana by-election which was won by communist party member Sarath Muththutuwegama.

Mr. Silva said the Supreme Court restored the civic rights of Mr. Rajapaksa who was an MP at the time.

He also referred to three other court cases against Mr. Rajapaksa in which his fundamental rights were safeguarded.

“The judiciary acted to uphold his human rights at that time. We ask him to do the same for others today,” Mr. Silva said.

He said today the former army commander had been denied his human rights guaranteed to him under the Constitution, and he had been subjected to a plight even worse than that of a person who committed a horrendous murder.

He said that when considering the allegations against the former army commander, nobody had been caused any mental, physical or financial harm, besides there had been no financial loss to the government either.

“For any act to become a criminal offence, it should cause such harm to somebody,” he said.

He said that when considering the allegations against the former army commander, nobody had been caused any mental, physical or financial harm, besides there had been no financial loss to the government either.

“For any act to become a criminal offence, it should cause such harm to somebody,” he said.

Referring to the second General Court Martial ruling which sentenced Mr. Fonseka, he said four charges were brought against him.

“In this case, no fraud has taken place. Tender procedures have been followed and technical committee evaluations done. But, they asked Mr. Fonseka to disclose the connection between his son-in-law and the Hicorp Company. He ruled it out and he had been subjected to a plight even worse than that of a person who committed a horrendous murder.

According to the Companies’ Registrar, his son-in-law is not on the Board of Directors of the Company, nor is he a share holder. In this manner, a father will never be able to give his daughter in marriage to anyone because he is required to investigate the affairs of his son-in-law to be,” Mr. Silva said. - courtesy: Daily Mirror -