Submissions were made before the Appeal Court to the effect that a case can be filed against Sarath Fonseka under the Army Act as he was appointed as the Chief of Defence Staff while serving as the Army Commander.
The Counsel appearing on behalf of the Army Commander made these submissions when the petition filed by Sarath Fonseka pleading to dissolve the second Court Martial was taken up for hearing. The Counsel pointed out that although Sarath Fonseka functioned as the Chief of Defence Staff he necessarily comes under the Army laws. The appointment of a Court Martial is a legal process. The Counsel argued that there is no obstacle against arresting Sarath Fonseka under the Army Act.