General says that the judges in the court martial are biased towards authorities

The court has issued the order after considering a petition filed by Gen Fonseka against the composition of the court martial investigating charges alleging his involvement in politics while in active service.

The former Chief of Defence Staff argues that the judges at the court martial are biased towards the army commander, Lt Gen Jagath Jayasuriya, and Defence Secretary Gotabhaya Rajapaksa.

Two-members of the court of appeal, Ranjith Silva and Anil Gunaratne have ordered the military to suspend the hearings until 21 May.

But the president of the panel, Justice Satya Hettige, issuing a separate decision said that he does not favour the interim order.

White flags surrender

Anoma Fonseka, the detained general's wife, hailed the decision as "a great victory".

"And we thank the court and the legal teams who fought for justice," she told journalists.

	Nadesan and a group have reportedly pleaded to surrender

Correspondents say the decision by the court is a big success for Mr Fonseka, who still faces a second court martial on charges alleging corruption.

Gen Fonseka faces another court martial, on charges of corruption in procurement, which is scheduled to be resumed on Tuesday.

Meanwhile, the Colombo magistrate rejected an appeal by the police Criminal Investigation Department (CID) to order Gen Fonseka to appear before the courts on charges of making anti-government statements.

The CID said an investigation has been launched into Gen Fonseka's comments to Sunday Leader that Gotabhaya Rajapaksa ordered to shoot LTTE surendees came with white flags during the last stage of the war.

The comment was made in the run up to the presidential election.

Magistrate Champa Janaki Rajaratne rejected the CID request pointing out that no summary of evidence against the general was provided to the court.

She however added that the request will be considered if proper summary of evidence is provided.

CID said Brig Shavendra Silva (currently Maj Gen), who was in the front line at the last stage of the war, has rejected Gen Fonseka's comment that surendees were shot dead.

LTTE political wing leader B Nadesan in a desperate phone call begged her help to organise a surrender at the final hours, correspondent for London’s Times newspaper Mary Colvin wrote in May, last year.