Military courts against Yoshitha and Army Commander?

It is understood that moves are underway by legal experts and rights activists to appoint an alternative military court against Yoshitha Rajapaksa, Army Commander Lieutenant General Jagath Jayasuriya, Major General Shavindra Silva and other senior military officers who were actively engaged in politics while wearing uniform.

The move is considered after Sri Lanka authorities failed to bring in any serious charges against General Sarath Fonseka despite various public statements by senior Sri Lanka government ministers and officials that the   General planned a military coup against the government.

Sri Lanka military last week announced that General Fonseka will face court martial for engaging in politics while in uniform and violating military procurement laws.

If it is a punishable offence for General Fonseka to engage in politics while in uniform, legal experts are of the opinion that the same law should apply to President Mahinda Rajapaksa’s younger son, Yoshitha, and all senior military officers, including the Army commander, who publicly campaigned for Presidents Rajapaksa’s victory at the presidential election.

Director General of MCNS Lakshman Hulugalle has publicly defended the right of Yoshitha Rajapksa to attended political rallies organised by his elder brother, Namal.

However some legal experts say that the country’s law does not apply to Yoshitha as he is a family member of the Executive President (or Maharaja), who is above the law in Sri Lanka, as President Mahinda Rajapaksa publicly stated in his victory speech on 27th January.

But they say other senior military officers should face a separate court martial as the country’s law equally applies to every citizen, apart from the Maharaja and his family.

It is not clear what provision of law applies to Defence Secretary Gotabhaya Rajapaksa and President’s Secretary Lalith Weerathunga, who also actively campaigned for President Rajapaksa, or whether the law only applies to Mr. Weerathunga, as the Defence Secretary is also a member of the Royal Family in Sri Lanka.