Fonseka vs Secretary General of Parliament et al. – SC REF NO: 1/2010-2010

Brief
In the case between Gardihewa Sarath C. Fonseka (Petitioner) and a group of public officials including Mr. Dhammika Kithulegoda (Secretary General of Parliament), Mr. Dhammika Dassanayake, and the Attorney General (Respondents), the court addressed whether the term “any court” in Article 89(d) of the Constitution encompasses Courts Martial, thereby triggering disqualification from Parliamentary membership upon conviction and sentence by such a tribunal. The court determined that a Court Martial, as provided under the Army Act and recognized by constitutional provisions, exercises judicial power and falls within the definition of “any court” for the purpose of Article 89(d). The analysis relied on relevant statutes and constitutional articles (including Articles 4(c), 13(4), 16, 105,