Gen Fonseka is due to face a court-martial on Tuesday 16th March.

General Sarath Fonseka is due to face a court-martial starting on Tuesday.

Sarath Silva retired as chief justice in June and since then has come out in support of the former army chief, Sarath Fonseka, who unsuccessfully ran for the presidency in January.

He’s now said he believes the imminent court-martialling of Fonseka is unconstitutional because, in his view, the detainee is not subject to military law.

“The decision to bring him to a war court is against all legal norms. Even a police constable can arrest him as he is a civilian. But under military law, he can only be arrested by a higher ranking officer” added former chief justice.

No democratic values

Sarath Silva said that in any case the manner of his detention breached United Nations rights conventions which are written into Sri Lanka’s constitution. Democratic values, he alleged, were not being upheld in the country.

“There is no democratic system here because there is no room for dissent, there is no room for freedom of expression, and those freedoms are not there” he told journalists.

The decision to bring him to a war court is against all legal norms. Even a police constable can arrest him as he is a civilian. But under military law, he can only be arrested by a higher ranking office Former cheif justice Sarath Silva

At the same time Sarath Fonseka’s daughter, Apsara, has sent out an email accusing the government of trying the retired general behind closed doors in order to remove him from next month’s parliamentary election, in which he intends to stand.

For a response to the allegations, the BBC tried to contact six senior government figures.

None was available to give a comment, but the authorities have repeatedly insisted that their treatment of Sarath Fonseka is following due process.

He faces charges of mixing politics with his military career and acting improperly in awarding military procurement contracts.