The Supreme Court granted interim relief in a Fundamental Rights petition filed for the release of (retd) General Sarath Fonseka by granting visits of his immediate family members and medical attention of his choice and also the access of his attorney but did not grant his release. .

The petitioners Mrs. Anoma Fonseka, Ms. Shyamaila Perera and the Gen. Sarath Fonseka cited Lt. Gen jagath Jayasuriya Commander Sri Lanka Army, Maj. Gen. Sumith Manawadu, Gotabaya Rajapaksa Secretary Defence, Brig. Wijasiri Military Provost- Marshall, Head of Military Police and Attorney General as respondents.

The counsel for the petitioner P.C. Shibly Aziz in his submission said that the 1st, 2nd and 4th respondent had submitted affidavits and objections and that he wanted permission from the court whether he could refer to those affidavits when he submits his submission in favour of the interim relief asked.

He said that he was not against them carrying out any investigation of the charges alleged against the General in the correct aspect of the law. He also stated that his client was arrested in the most degrading manner and he was not even informed of the charges at the time of arrest.

The bench comprising of acting Chief Justice Shirani Bansaranayke, J. Balapatabendi and K. Sripavan informed P.C. Aziz that according to the journal entry of the previous hearing this Court was convened only to decide on what interim relief could be granted and not for any other matter.

Attorney General Mohan Pieris informed Court that the affidavits filed was in abundance of caution and that the petitioner could limit his submissions for the interim relief sought.

Shibly Aziz then wanted the Court to grant him time to scrutinize the affidavits and come back to Court. The Court granted him time and kept the case down.

The Attorney General informed Court that the application submitted was not in conformity of the rules and against article 45(3) and that the application should be dismissed. He also reserved the right to submit his preliminary objections regarding the application referring to the violation of article 45(3).

Counsels for the respondents then informed Court that the petitioner could make his submissions in favour of the interim relief ignoring the affidavits and the objections submitted. The bench then directed the Registrar to remove the documents submitted by the 1st 2nd and 4th respondents from the docket.

Attorney General informed Court that there is a Summary of evidence in progress which is equivalent to a non summary inquiry and this is conducted according to the Army disciplinary regulation. He also informed Court that the petitioner is given a room at the navy headquarters and he is given security and also medical attention. He also assured that the relief claimed by the petitioner to access of their immediate family and their attorney would be granted. He also said that a doctor of the petitioner’s choice could be granted access.

The Court hearing all counsels and considering that an inquiry which is in progress the Court is not in a position to grant interim relief at this stage as prayed for that he be released from detention. Attorney Shibly Aziz P.C Wijedasa Rajapaksa P.C with Upul Jayasuriya appeared for the petitioner. S.L. Gunasekera with Sanjeeva Jayewardene and Manoj Bandara instructed by Sudath Perera appeared for the 3rd and 4th respondents Hearing by consent was fixed for April 24th .