Sri Lanka Supreme Courts has declared that the Court Martial is a court accepted under the constitution of Sri Lanka. The Supreme Court made this order following the reference made to it by the Court of Appeal for a constitutional interpretation and opinion.
The Court of Appeal referred to the Supreme Court for its constitutional interpretation in respect of Article 89(d) of the Constitution when it heard the Writ application of Former Army Commander Sarath Fonseka seeking the court to enable him to sit and vote in Parliament and to exercise his powers, privileges and immunities as a Member of Parliament.
Article 89(d) reads as no person shall be qualified to be an elector at an election of the President, or of the Members of Parliament or to vote at any Referendum, if he is subject to any of the disqualifications, namely if he is serving or has during the period of seven years immediately preceding completed of a sentence of imprisonment for a term not less than six months imposed after conviction by any court for an offence punishable with imprisonment for a term of less than two years or is under sentence of death or is serving or is under sentence of death or is serving or has completed the serving of a sentence of imprisonment for a term not less than six months in lieu of execution of such sentence.
Courtesy: Government Information Department
