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Last updated: 12 October, 2010 - Published 16:43 GMT
 
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Media questions the legality of Fonseka verdict
 
Final interpreting authority of the verdict against former head of the army, Sarath Fonseka rests with the supreme court say a leading constitutional law expert Dr. Jayatissa de Costa.

Chaiman of the Public Utilities Commission, Dr, Costa was addressing journalists in Colombo on Tuesday at the "Asidisi Viduwath Kathikawa" organised by the Ministry of Mass Media and Information held .

Sri Lanka's president has endorsed a 30-month jail term with hard labour for former army chief Sarath Fonseka, following conviction by military courts.

militry courts verdicts are justified

According to Dr. Costa, the verdicts given by the militry courts are justified.

Sarath Fonseka losing his seat in parliament, Dr. Costa said that is in accordance with the law of the country.

 legal provisions are available to squash the verdict by filing a Fundamental Rights Case or by a Writ Application, and in such a case the Supreme Court could interpret the legal position
 
- Jatatissa Costa

Quoting article 4(c) of the Constitution he said that the judiciary power of the people is exercised by Parliament and the Secretary General of Parliament has exercised this power by informing the elections commissioner that Sarath Fonseka's parliamentary seat has fallen vacant.

However, the final interpreting authority is the Supreme Court, said Dr. Costa.

Fundamental rights case can revrse the verdict

Dr. Prathiba Mahanamahewa, Senior Lecturer of the Law Faculty of the University of Colombo addressing the media conference said that various views have been expressed in the country about the court martial ruling and explained that Court Martial rulings are accepted all over the world including the United States and Canada.

Responding to questions raised by journalists, Dr. Jayatissa de Costa explained that legal provisions are available to squash the verdict by filing a Fundamental Rights Case or by a Writ Application, and in such a case the Supreme Court could interpret the legal position.

 
 
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