19 October, 2019

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CA Order Can Be Appealed Within Six Weeks; SLPP Still Mulling Nominating Chamal

Civil society activists who filed the writ application challenging the validity of SLPP candidate Gotabaya Rajapaksa’s Sri Lankan citizenship on the basis that his dual citizenship documentation was illegal, have a six week period in which to file at appeal at the Supreme Court.

Chamal Rajapaksa

Legal experts told Colombo Telegraph that once the reasons for the order are provided by the Court of Appeal, petitioners can challenge the decision in the higher court. The issue will only be finally determined in Supreme Court, the experts said and the appeals process could colour the duration of the presidential campaign.

Sources close to the SLPP leadership told Colombo Telegraph that since any further legal action against Gotabaya Rajapaksa could jeopardise the presidential election campaign, the party may go ahead and file nomination papers for Chamal Rajapaksa as well tomorrow (7).

In the event of an adverse ruling by the higher court, the SLPP is concerned it may be left without a candidate in the presidential race.

Related stories:

Exclusive: Case Filed Alleging Gota Was Never Conferred Sri Lankan Citizenship

Three Judge Bench Unanimously Dismisses Petition Against Gotabaya’s Citizenship

 

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Latest comments

  • 69
    9

    If Gotabhaya has conscience he should stay away from this election. He knows that he is still a US citizen and wants to go back if he fails to win. So he will not forgo US citizenship.

    • 69
      7

      I don’t think Mahinda Family ever had conscience. They did every crime knowing well that it is a crime. Lasantha was one of his friend but he was murdered. The rule of law and judiciary never found those murderers. Why because they are above the law and above the judiciary. Mahinda family have the financial and military support to buy or destroy each and every citizen of this country.

    • 38
      5

      you / all of us , can not expect this consceinece from Gotappaya

      • 1
        10

        @ceylonee idiot .

        there is no such term as ceylonee .

        • 5
          1

          Janita – you are a moron. Names and or pro-nouns need no meaning of any sorts. So “Ceylonee” in this instance is the pen name of the person making that comment. Go learn your English and English grimmer properly.

        • 3
          1

          Janitha: How brilliantly you have picked the biggest catastrophe that our country is facing this moment!

    • 16
      0

      Hello Daham,
      It is possible that some people are fearful of the consequences and hence, do not comment!

    • 22
      5

      Civil Society Activists,

      Please file to the Supreme Court against the decision of the court of appeals in dismissing your contention that Gotabaya Rajapaksa is not a Sri Lankan Citizen, as there is no documentary evidence confirming his application to citizenship and the files related to it, as it is unlikely that the citizenship certificate was not obtained using the proper procedures.

      Furthermore, is there any evidence that they paid the equivalent of US $2,500 required at that time?

      Therefore, Gotabaya Nandasena Rajapaksa, is still technically a Para-Deshi, Para in Sri Lanka after he became a US Citizen in 2003.

      Even though the mean IQ of the populace is 79, the voters still need to know if the candidate Gotabaya Nandasena Rajapaksa is a Para or not, as the other 40 candidates are not.

      Tag line: Do you want to make a Para -Deshi, an American Citizen the President of Sri Lanka?

    • 7
      1

      The concept of “conscience” does not have an absolute meaning. Even serial killers do have their own sense of conscience. Therefore, questioning the conscience of GoRa is a meaningless exercise. How else can a request to GoRa by a leading Buddhist monk to act like Hitler if necessary to save S/B be explained? Hitler’s conscience to decimate Jews was perfectly OK not only for Nazis but also for Catholics. It was Rome that helped many Nazi leaders to escape to Latin America. GoRa also is getting plenty of blessings from various religious leaders.

      • 3
        1

        “Conscience” has an absolute meaning. It is the ” moral sense of right and wrong”. So Gota and Hitler have no conscience.

        • 1
          0

          Daham,
          If Vatican could see extermination of Jews as “morally right”, how could you find an absolute meaning even in morals?

    • 2
      6

      If Sampanthan had a conscience he would not have accepted the position of leader of the opposition when he had only just a few more than a dozen MPs in his party.

      If the TNA MPs had a conscience, they would open up and admit who among them are dual Canadian citizens.

      If Ranil had a conscience, he would not resigned from the eladership of the UNP decades ago.

      If Premadasa with his Sri Mukaya had a conscience he would have broken with his leader immediately the Bond Scam was revealed,

      But all this will be revealed when Allah wills.

      And so on.

      • 1
        2

        If Sampanthan had conscience he would have committed suicide after Nandikadal.

        Soma

        • 4
          1

          somass

          “If Sampanthan had conscience he would have committed suicide after Nandikadal.”

          You mean by suicide bombing while holding you very close to his chest.

    • 3
      1

      Daham – Trump will definitely give Gotler a job as the WH toilet cleaner!

    • 3
      1

      The problem is Gota has no conscience.

  • 12
    7

    The word is that Shiranthi is also getting ready to file nomination papers in case Chamal too screws up his nomination.

  • 2
    0

    I just received this & forwarded to you as received as it is worth giving a thought._

    A lawyer explains…(not me obviously)

    PLEASE EXPLAIN THE CA DECISION IN LAYMAN’s TERMS!
    I was asked this by many.
    Good morning 🌞 friends 👬,
    Let me first and foremost stipulate that I am NOT a lawyer.
    So, my opinion is based on how I read the relevant laws in this case based on my prosecutory experience as an Assistant Public Prosecutor in Holland 🇳🇱.
    I have explained earlier to you what this enhances.
    So ok.
    To do this in layman’s terms is not easy because the arguments wielded by both sides was very specifically based on certain articles in the Constitution and the Citizenship Act which is derived from the Constitution.
    So, the best I can do without getting into the nitty gritty of the legal articles is to tell you what the complaint was, what the petitioners and the respondents submitted and what the dismissal was based on and what the consequences are.
    So ok, what was the complaint?
    In very simple terms, the petitioners submitted that Gota was NOT a legal citizen of Sri Lanka 🇱🇰 and therefore he cannot contest the upcoming presidential election.

    Their argument was that MR as President did not have the authority to grant dual citizenship to Gota in 2005 as that authority is vested in the Subject Minister and at the time a Subject Minister was not appointed.
    Lawyers for MR argued that as the Executive President he had the Executive Power to do so as unil a Subject Minister is appointed he has the powers of all the Ministries.
    This because the AG argued that the President had “Plenary Executive Powers” which means that the President has ABSOLUTE POWER, UNQUALIFIED!

  • 14
    0

    How nice, We Sri Lankans are very family-oriented people. We always stand up for our families.

  • 18
    3

    Conscience?! Gotabaya?!
    Are we in cuckoo land?!

    • 7
      1

      Plato

      No, as little islanders, we are still celebrating the victory over Demelas and are being grateful to Rajapakksa clan.

      Hindians may soon demand Rajapakksas a share of the glory by selectively leaking confidential documents regarding the war, elections 2005, ….. . war crimes, ….

      • 2
        7

        Vedda says:
        we are still celebrating the victory over Demelas and are being grateful to Rajapakksa clan

        No, we are still angry with the Demals for giving the rajapaksas to get to the top.

        But why were the demalas ready to put Fonseka up on top?

        The plan was to ump him off before long and the TGTE to take over with the help of the CIA, Center for Policy Alternatives, Kumar David, Wikaramabuhu, Jayampathi W etc etc ?

        We are angry with the SLMC for allowing the Muslim people to be annihilated by a mere bunch of Deamal kids propped up by a wealthy demalas diaspora who keep their kids safe, but send the depressed kids garlended with a kuppi to eliminate them, so that the rich diaspora and their can come back after the CFA and take over Eelam for just the elite caste. That plan was foiled by Rajapaksa, Fonseka lot..

        • 2
          1

          Bodin,
          You have the freedom to utter any nonsense, but be careful about uttering about rich diaspora. They all left because of your buddhist-sinhala-govigama chauvinistic policies after the so called independence. The divide and rule britishers knows very well when they gave the power to the number of stupid heads that is the end of pearl of indian ocean. What is wrong if they like to return? Don’t you have elite class in your society? who has been ruling the country since independence? your peasant class?

  • 19
    2

    This all is cooked up with mismanagement in Sri Lankan politics ..
    How on earth this could happen to any one ..
    Politics can buy many things in Sri Lanka .
    I’ve paid my fees 3 lankkhs for my dual citizenship certificate and it has been now 6 month and yet no reply ..
    Yet for Goata it is over night ..
    Because it is his family matter..
    Somalia is a lawless land and still they will have some rural village system but we are proud of our democracy and yet look how thing goes now

    • 6
      0

      Dear Lankan, pl.take your case to CA they maybe helpful you to get solve your problem in two days!

    • 4
      0

      What about Richard de Soysa a valuable son of Lanka? And the other journalists who disappeared. Two guys who weer directly involved got their dues on May 1st.

  • 4
    9

    Like it or not Gota will contest. And, with the help of monks, SLFP and Sajith’s ill-thought statements Gota is likely to win. UNP campaign is playing into their hands.

    Ravi K and Fonseka are still openly against Sajith’s nomination. Is Sajith the sacrificial lamb?

  • 8
    1

    ailing gota has already submitted his nomination papers
    i dont think the court cases worry mahinda
    it is gotas health
    can he withstand a vigorous campaign after open heart surgery

    • 3
      0

      nalmen, Did GR really undergo open heart surgery? Forget his citizenship certification, do you have a copy of certification of his heart surgery? That would help me decide my vote for him.

  • 3
    5

    Poor Nande…. Did he lose his Deposit?…

    Unlike Keselwatta Kid who is going to work from Home, without getting even an allowance let alone a Wage, Nande was going to serve the Nation and make it a better place for everyone without Suicide Bombs, and also to earn a quid for a decent retirement ..

    Looks like Nandsana lost his American Senior Citizen’s Dole too…

  • 1
    7

    Let me say yes to that,

    Gota is/can be a good leader & he’s the most popular among the contenders in the race.

    But

    There may be occasions(like present time in SL) in a democratic country where the best may leave to accommodate an equally good for more effective way of governance for the country, through that the country/people can gain more.

    In my opinion AKD is equally or just points below good/popular leader & if the court verdict had been the opposite; SLPP or as indirectly be called as Rajapakse party, shouldn’t have presented another (CR) to represent them.

    Instead, they should have decided to support AKD to be the president & in the next general election win the parliamentary election to make an SLPP PM.

    Open anybody’s eyes to see that Gota has a big challenge.

    1. Disadvantages from minority communities.

    2. SLFP green eyed monsters trying to block their voter base (though small in number).

    3. Criticism from JVP to reduce votes.

    So if SLPP don’t contest AKD’s victory is assured (though popular Gota’s victory isn’t assured in the 1st count).

    With a neutral like president (though AKD is JVP) country’s governance can be taken to the much sought after path.

  • 1
    0

    Stop messing bad boys ,
    bad boys , bad boy whach u gona do to all the little boys in ct?
    hmm going to cook all their pukas in the cookers .
    you just wait woody lit am ready👹

  • 1
    4

    when.we bad boys are back all ct cardboard here in the better get yr pukas out & the CT card boad puss vedil diasporas better stay away from Sri lanka

  • 8
    1

    Mahinda dynasty does not know the meaning of the word Conscience?! There was a popular Tamil film called Thilu Muulu Gota would have seen it. No documents to substantiate citizenship. How dis the court ignored the documents to providently, Id Mahindal signature so impotnat> Appeal should go to SC

  • 3
    0

    Lankan: Please file a “Human Right Violation” case with the SC. Get your attorney to support your application with this Appeal Court decision of Gotabaya case. It is simple. Even without filing the required documents (missing files confirm it) and verifying the required fees are paid, your application must be signed by the President within a matter of days. Ask for an “ODER” to be given to the President specify an immediate date to SIGN the approval. Law is COMMON TO ALL – so for you.

    • 1
      1

      Sampanthan and the TNA lot can run to tamil Nadu and also Geneva and complain that Gota the Sri Lankan is a missing pwerson, and the person here is an American Imposter

  • 5
    0

    Simple matter is.EC should go through the individuals validity whether they.fit on the requirements laid by the law.
    One thing for sure is that no way Gota going to gives.up.his US citizenship,that’s the sign of future hold.
    There is no evidence he had applied for dual he cooked up.the certificate,like young prince passed his law exam,

    How they manipulate it’s democracy there is.no.monarch,UK has but they keep the tradition queen is head of.state but she can’t.overrule the parliament.
    If they are genuine why do they have to put Chamal

  • 2
    0

    The wicked in his pride doth persecute the poor, let them be taken in the devices they have imagined.
    -Psalms 10:2

    Wicked men greedy of filthy lucre and worldly gain, willing to secure it at all costs, will go so far as to persecute and defraud even the poor to attain their ends. But so often, God causes them to be taken in the very trap they themselves planted, to be hung on the gallows they had built for the righteous.

  • 3
    1

    Continue- From the ruling the CA seems to agree with that argument although I have not yet received a copy of the verdict to dissect.
    In my opinion this argument of MR’s lawyers and the AG is ill-judged.
    Yes, the valid Constitution at the time was the 1978 Constitution made by JR.
    That Constitution gave much more power to the President than the current Constitution which was amended in 2015, 10 years later.
    Why do I think that this interpretation by MR’s lawyers is ill-judged.
    Well, that Constitution was based on British rule and British rule never gave any one person Executive Powers.
    The said powers in the Constitution was given to the “Executive Branch” of the government, the branch and NOT one person.
    The AG seems to argue that because the President is the head of the executive branch, he alone has that power.
    In my opinion that is a false assumption.
    In that Constitution the sovereign power was formally vested in THE PEOPLE of Sri Lanka and that sovereignty was exercised by the Executive Branch to UPHOLD THE CONSTITUTION.
    Therefore, one MUST read all articles between articles 30 and 44 to understand the powers of the executive.
    Remember I told you months ago that one must not only read the article, but also why that article was written, what the writers intended to achieve before understanding the article.
    So when you read those 14 articles of the 1978 Constitution you will see that the President must immediately appoint Ministers to his Cabinet (article 44(1).
    Once he has done that, he can keep any Ministries to which he had NOT assigned a Minister, to himself (article 44(2).
    That’s the follow order.
    Therefore, him assuming the powers to issue dual citizenship to Gota BEFORE he assigned a Cabinet is UNCONSTITUTIONAL.

  • 3
    1

    The law courts always create such an unholy fuss about documentation as anyone who has been involved in a land case will tell you. But in this instance they have delivered a verdict, and in double-quick time too, without benefit of highly crucial documentation! This is mind boggling!

  • 1
    2

    Continue-.
    In my opinion this is quite evident and simple to grasp.
    It’s what the law says and MR put the cart before the horse 🐎.
    But the CA sadly ruled otherwise.

    Someone also told me that the court found the petitioners“mala fides”.
    This means that the petitioners acted in bad faith with intent to deceive the court.
    Well I have NOT seen anything of the sort.
    Yes, MR’s lawyers argued this fact and requested the court to dismiss the case on those grounds but the only facts they could site were:
    1. Political vengeance.
    2. This case should have been filed 15 years ago.
    3. That MR was addressed as Mr. Rajapaksa and not “honorable”😂.
    Come on, give me a break.
    Spoken of clinging to straws.
    What a joke 🤣.

    So what are the consequences?
    Well, nothing changes regarding what I have been telling you for months now.
    I called Gota’s nomination a “pus wedilla”.
    Why?
    Whether he won this case or not HE WOULD HAVE LOST.
    From the beginning there were only two outcomes possible:
    1. He looses the case which means he can’t run for President.
    2. *He wins the case and that means the court affirms his dual citizenship and that means he can’t run for President.*
    Case in point:
    _People vs Geetha Kumarasinghe._
    She had dual citizenship and her parliamentary seat 💺 was taken away from her.
    *So based on yesterday’s ruling by the CA, the EC will reject his nomination on the 7th.*
    _They have to or they will be wrong in discharging of their duties._

    So, I think this is the best I can do to explain the CA ruling in layman’s terms. Hope that this helped you.

  • 0
    0

    ” CA Order Can Be Appealed Within Six Weeks; SLPP Still Mulling Nominating Chamal ”

    Waiting for six weeks (I mean too long) can bring in other unwanted obstacles. As soon as the verdict details come out on Monday , the appeal has to be applied for ,”Choodaudai Choodu”.(While everybody active and engaged in that)

  • 2
    0

    If Sampanthan had conscience he would have committed suicide after Nandikadal.

    Soma

    • 0
      2

      Soma,

      What are you blabbering? You Wijeya’s animal race made 150,000 murders in Nandikadal. For that, why Sampanthar has to commit suicide to save you out of that problem? Because you are scared of UN Electric Chair? Or is that Sampanthar also robbed $18B to hide under an EP title to avoid justice? Your master, Old King asked when he was told to resign by SLFPyers after he lost the PM position, which he got by Coup, “then how could he save his family? “.

      Tamils wants their land, Tamil Eelam. Tell your army leave our land alone and you commit suicide within your Wildlife Sanctuary, Sinhala Lanakwe.

  • 0
    1

    Let the voters decide the election. The floating voters and new voters are looking at this. situation. If they see this is as a unfair attack on some one, it will go against UNP sure. Because floating voters are not stupid.. They look at the situation then decide.

  • 2
    1

    In that case whole Rajapaksa family members should pay deposits just in case, if many of them are found not eligible to stand in elections. The newly married wives, spouses and girl friends have better chances of getting accepted.

    • 0
      0

      Hello Chiv,

      That is an apt and a brilliant comment!

  • 0
    0

    there is a possibility that the supreme court could give a different verdict to the court of appeal.better to have chamal as a reserve if that does occur.Chamal is a decent man but does not like politics.

  • 1
    0

    😎😎😎😎😎1-2-3-4-5

    guess who is comming to get ya arsez ??
    Its bad boys -Bad boys.
    Signing off with luv to all- hate to none…😍

    Bad Boys
    😎😎😎😎😎

  • 1
    0

    Gota is the only hope for Sri Lanka. Otherwise it will become a paraya state with no economic growth. Sri lanka needs a strong quassi dictatorship. Sri lanka is not ready for democracy yet.

    Gota is the only saviour for Sri Lanka. Our very own Lee kweon.

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