Rtd. Gen. Sarath Fonseka is a political prisoner, Former Chief Justice Sarath N. Silva said today. Silva added that Fonseka is being denied the very liberty that he got for us.
The arrest was purportedly made by army officers and not police officers, Silva added.
He said that it is now sought to justify the arrest since it was made under the provisions of the Army act.
“But the Fundamental Rights guaranteed by article 21 of the constitution can be restricted in respect of military officers only under article 15 – 8 of the constitution which lays down three qualifications. One is that he must be a military officer; Rtd. Gen. Fonseka was not he was retired. Secondly his arrest has to be made and fundamental rights restricted to ensure the discharge of his duties; he was not performing any military duties at that time. Thirdly that his restriction is made for the purpose of ensuring discipline in the army; he was not a member of the armed forces at that time. So these three grounds under which the Fundamental rights under article 13 can be restricted are not met in this situation; that is why Fonseka is a political prisoner and not a prisoner held in detention according to the law in this country,†Silva said.
