Sarath Fonseka had named the commissioners of Presidential Commission retired Supreme Court Judge Upali Abeyratne, retired Court of Appeal Judge Chandrasiri Jayatilake and former IGP Chandra Fernando, Commission Secretary Pearl Weerasingheand the Attorney General as respondents.
In his petition, Fonseka stated that the final report of the of Inquiry has not been officially published and given to him.
The petitioner stated that the report of this Presidential Commission had recommended to appoint a Special Presidential Commission of Inquiry in order to deprive the petitioner’s civic rights in terms of Article 81 of the Constitution. Fonseka said he was at no point informed that there was a proceeding at this Commission in which evidence purporting to be against him was led and the petitioner was a person of interest to the Commission and his conduct was the subject matter of investigations.
The petitioner further said that the Commission of Inquiry has no jurisdiction whatsoever to make recommendation on the ground of alleged violation of the Constitution and thus it has exceeded its jurisdiction.
The petitioner further said the entire report is an assault on the independence of the judiciary, the rule of law and due procedure of administration of justice.
