The High Court will hear the state's application to strike out the SDL case against the Army Commander and the military at 2:30 this afternoon.

The case will be called in chambers before Acting Chief Justice, Anthony Gates as state lawyers have argued that the ousted Prime Minister, Laisenia Qarase's case cannot go ahead as the Immunity Decree is now in place and no legal challege should go ahead against the Commander and the RFMF.

Qarase and others are seeking the court's declaration that the December 5th takeover was illegal and unconstitutional and their lawyer has supported the case with originating summons, which they say are legal documents which will prove their case. They are also insisting that Qarase and his group are the legally constituted government.

Lawyer for Qarase and other SDL parliamentarians, Tevita Fa said it is his clients' legal right to take the court action and he will make his arguments accordingly.