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Last updated: 01 April, 2011 - Published 14:48 GMT
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Courts must have notes - CJ
CJ Asoka de Silva
The Supreme Court earlier ruled that the military court is a normal court
Sri Lanka’s Chief Justice Asoka de Silva says that it is a legal requirement for any investigative body – not only the courts -to keep records of an inquiry.

“Not only a court, any investigation needs to have its notes,” CJ de Silva told BBC Sandeshaya.

“If there are no notes, it does not become an investigation.”

The Chief Justice made the remarks when the BBC enquired about the recent revelations by a military court that it did not keep records of an investigation against the former army commander, Sarath Fonseka.

Mr. Fonseka lost his parliamentary seat after the second military court convicted him of fraud in arms purchases while serving as the army commander.

'Ruling should be annulled'

The Supreme Court recently ruled that the military court should also be regarded as a normal court in Sri Lanka.

Sarath Fonseka
Mr Fonseka lost his parliamentary seat after the military court verdict

The Chief Justice said that those concerned can seek legal redress if there are doubts about any such investigations

“It is possible to seek judicial remedy through a Writ Order to challenge the founding of such an investigation,” he told BBC Sinhala service.

The former Chief Justice, Sarath Nanda Silva, agrees with the Chief Justice.

“It is necessary for a normal court to take notes and record all the proceedings,” he told the BBC.

The validity of the court proceedings, said the former CJ, depend upon the records of the court proceedings.

“If there are no records, the ruling of that investigation should be annulled and case must be taken again for hearing.”

Sarath Nanda Silva added that Mr Fonseka has right to seek compensation if he was victimised as a result of such an order that did not have any records.

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