29 July, 2021

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Can Basil Rajapaksa Enter Parliament Through The National List – Sri Lanka Court Has Said A Firm “No” In The Past

There is major controversy over the possible entry of Podujana Party strongman Basil Rajapaksa into Parliament on the National List. But the fact is that both the Supreme Court has said a very firm ‘No’ to similar attempts in the past by others.

What will the Court do in the face of those positions taken by the Bench is the million rupee question on everyone’s lips in Sri Lanka? Will it follow the honourable positions taken by honourable judges who earlier sat on the Court or will it follow a different tune of the ‘pied piper’?

Basil Rajapaksa

Where the law is concerned, the answer is clear, several senior attorneys and legal analysts pointed out when asked by the Colombo Telegraph. Nominations upon vacancies arising in a party’s National Lists must be  exercised within limits and the power of a secretary of a political party to nominate to such vacancies must be limited to individuals whose names have appeared in the original nomination paper and who have secured some preferences at the elections ‘on the basis of which the voters cast their votes and expressed their preferences.’

The Supreme Court said this, in the opinion of the late Justice Mark Fernando with Wigneswaran and Gunasekera JJ agreeing, when a Peoples Alliance (coalition of the Sri Lanka Freedom Party) parliamentarian Samaraweera Weerawanni tried to enter the Uva Provincial Council on that party’s National List in 1999. Weerawanni was a Member of Parliament at the time that the provincial elections were held. His wife Nalini Weerawanni contested, won and then became Chief Minister. She then tried to step down to allow him to become Chief Minister.

But the Supreme Court said ‘No.’ Fernando J explained this, saying that the ‘supremacy of the party” (or its secretary) cannot prevail over members and candidates. This is ‘not a domestic question’, the Court said, ‘pertaining to the party, party discipline, and/or party officials, members and candidates.’ Rather, ‘what is involved is the right of the electorate to be represented by persons who have faced the voters and obtained their support, and that in my view is the general scheme of the Act. That is wholly consistent with international law,’ in this case, Article 25 of the International Covenant on Civil and Political Rights.

The Election Commissioner’s declaration that Weerawanni could sit in the Uva Provincial Council was quashed. Jayantha de Almeida Guneratne, Kishali Pinto-Jayawardena and Viran Corea appeared for the petitioners, Centre for Policy Alternatives. Saleem Marsoof, ASG appeared for the Attorney General. Jayampathy Wickremeratne appeared for the secretary of the Peoples Alliance.   

See link to full judgment here

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  • 23
    0

    Srilanka is a wonder land.
    .
    So long people would not care much about FACTs, as is the case with them yet today, but facts, anything and everything could happen there.
    :
    Now with the facts that GOTABAYA had not had his renunciation certificate of US citizenship, at the time, PE nominations were called, nevertheless, he was given the due nomination. As no other citizens, he could also be away from being interogations even if a bunch HIGM crime cases filed against his deliberate handlings remember ?

    Suprisingly, another candidate with renunciation certificates and all other valid documents were rejected by the very same Rajapakshe lackey- Election Commissioner/Mahinda Deshapriya.
    :
    The man, looked like another baggage boy- but was his own LAWYER though belonging to ethnic muslim community, became the CURRENT DAY powerful MINISTER of JUSTICE.
    .

    • 16
      0

      My million dollar Question would be:

      Junta Regime No. 01 from 2005-2015 – MaRa, Gota, Basil, Chamal, Namal, Yoshita and allwere there, but ended up being hung on their WINDOWs by 2015. Dont forget this had also 2/3 mandate and all the previledges that a parliament should have.
      .
      Junta Regime No.02 October 2018 -lasted just 52 days making and leaving the all insults to the nation on GLOBAL tribune
      .
      Junta Regime No 03 from Nov 2019 to the present- by making NANDASENA alleged high criminal for numerous high crimes being kept above SKY..
      .
      MaRa, Gota, Basil, Chamal, Namal, Yoshita and all thugs that should normally be in jails with higher criminal verdicts

      Miracle is not yet nothing TANGIBLE or not even what 1% of SOYISENAs are achieved… SHAME is far from their genetics.
      HOW COME the very same PUNNAKU DRINKING/EATING dominated nation could keep further hopes

      ANSWER_ It is unique to our nation – that is called ” their vicious cycle” no matter destitute would fall dead on the street, RAJAPKSHES should be blessed in their VILLAs owned by money grabs/when would the people see it right ? Never so long SB buddhism would guide them.

    • 2
      0

      The country is being robbed out by RAJAPAKSHES again and again.
      .
      We are very far away from becoming CIVILIZED…
      .
      For your note, I thought of adding my own exp how I got my 2nd jab.


      Almost everything was well organised so that anyone would not get misguided.
      The place where regional vaccination centre (Impfzentrum) is set in a place where similar to a temple in our country. From the entrance on, security guards start their checking whether the invitees are well masked. Leaving from the vehicle upto the entrance to the Zentrum is well organised.
      :
      1) Just at entering the building the guard questioned, if an pre-appointment is made or not (right at the moment, anyone would want to have vaccinated can get it in Germany)
      The guards asked me to clean the hands with the disinfectants provided by the machines
      2) Then an another officer (similar to another guard) accompany you to the next level, where clerical officers check your documents properly
      3) After that I was sent to the doctor (physician) who explained me everything about my second jab. Also cross questioned if I had any after/side effects following the first jab. And did not forget to question what my concommitant medicine are…

      • 1
        0

        continuing.
        .
        4) Then to the well trained- nurse who would check the documents again
        5) Afterthat only, Nurse will inject the jab. All is well organised and very friendly.
        Going by my experience in MY JOB, they also had a small chat with me.
        All these I shared, to reveal you guys, how civilized where I am. God bless Germany
        The day when our people (majority) are becoming civilized – not even predictable looking at the present developing in my home country.

    • 0
      0

      Please listen to what this young chap has to say about the current situation.
      .
      https://www.youtube.com/watch?v=mJj2RsEYxtI
      -It is true, I agree with every words this young man is adding.

  • 18
    1

    There is a way out for the Judges. Recuse yourselves! This is now the Judiciary version of a Strike.!

    Basil R. will be neither here nor there.

  • 14
    1

    Ah, well. Don’t hold your breath. That was another time, another place. Who is concerned with precedents these days? They’ll tell you nothing is set in stone.

  • 27
    3

    According to my understanding, the executive President and Rajapaksa family cannot be controlled by any supreme court or any law and any constitution. They have given super powers by 69 million of this island. Even Lord Buddha has to follow their orders. It is a waste of time and resources spending in Sri Lankan courts.

    • 15
      1

      Ajith @
      Exactly the truth.
      Slaves dominated srilanka gave them the criminals eternal approbation to rape them. Now it s sadly too late☹☹☹☹☹☹☹☹☹☹

    • 8
      2

      Even the judges are scared,regarding Bathudeen case came up today one judge abstain,last time due to rain ,this time…….popular prez stormed Kandy would have warned the sangam to put their head down and don’t interfere his day to day matters ,during the meeting media wasn’t allowed in.

    • 1
      0

      Let alone PEOPLE of this country should be clear today that Rajapakshes be them GOTA, BASIL, MARA or gonthadi Namal are all the same. Big talks but cant do the little in terms of proper distribution of free jabs…… Niyamayi… but true 🙃🙃🙃🙃🙃🙃🙃🙃🙃🙃🙃🙃🙃🙃🙃🙃🙃
      .
      Kana kokaage suda penenne igilunaamalu (කණ කොකාගෙ සුද පෙනෙන්නේ ඉගිලුනාමලූ ) The whiteness of the crane appears only when it flies. People realize the value of something only when it’s gone.

  • 25
    0

    Who cares and what law you guys are talking of. Raja Family has all the right to do whatever they like. Why did 6.9 million people including divine clergy voted for him. They can arrest anyone, release from prison anyone and enjoy life to the maximum with total immunity. They can appoint any member of their family to any post they want. Law courts, AG, CJ, who cares and they can deal with them. Basil is the best American Citizen we have next to Gotta to solve all the SL evils. The other guys outside the family are just yes men for crumbs and new luxury vehicles, security details, subsidised food and many more and they are there to raise their hands only. So questioning Basils entry is mere an academic exercise but who cares and they know how to rule ( or ruin) the country. But importantly can we find anyone better. Do you think Weeravanse, Gamanpulle or Vasu or Johnston, GLP slimy , could rule SL. Unless we hand over the country on a 99 year lease to some foreign company to manage.

  • 14
    0

    Anything can happen in Sri Lanka.

    He has to start earning the return for his investment in 2019 and 2020. Mighty hurry.

  • 15
    0

    ….Jayampathy Wickremeratne appeared for the secretary of the Peoples Alliance…..
    That was when he sympathised with the PA. Since then he has “changed” and as he is a contributor to the CT, I am looking forward to his “current” stand.

  • 3
    0

    I take exception to unsubstantiated casting of aspersions as appearing in the sentence quoted verbatim “Will it follow the honorable positions taken by honorable judges who earlier sat on the Court, or will it follow a different tune of the ‘pied piper’?” For instance, take the CA judgement concerning Shani Abeysekara delivered recently. The general feeling in some quarters at that time was that tune of the judgement would be that of the ‘pied piper’. Ultimately it was proved not. Although I have not had the benefit of reading the judgements in full, an important phrase quoted here is “the ‘supremacy of the party” (or its secretary) cannot prevail over members and candidates”. Say a member votes against the party wishes but in accordance with the wishes of the electorate. Then which aspect will it prevail, the party discipline or the wishes of the electorate? A tricky question. One could argue for both sides. However, a decision must be made, and one so made by the competent court becomes the standard. On cannot rush into conclusion of following the ‘pied piper’ unless there is some other evidence, such as voice recording suggesting bias.

  • 10
    2

    What a modayas how they fool the people,he comes to parliament to put the fuel price down……
    Finance ministry given licence to go ahead for WM Mendis ,prez revoke the licence don’t know the basis…..expecting foreign investment ..
    Good luck to Bangladesh

  • 13
    1

    Was he not labelled as “Mr. Ten Percent”?
    Now, with China investment looming, will he improve his “performance” ?

  • 12
    0

    Where are the “Ministers”, “MPs” (who voted for “20A”), and the “Saffron Clothed” Brigade who said in public platforms: “We voted on the assurance given by the President that he would not act upon the provision that accommodates “Dual Citizens” in Parliament”. I remember one of them was Susil Premajayantha and there were several of the “Saffron Clothed Brigade”. The other nominated MP is the “Yuthukama” Gevindu Kumaratunga, who comes to Parliament dressed in his “Grand Father’s attire (Late Mr. Munidasa Kumaratunga- the Great Teacher and the Sinhala Scholar). What a bunch of “Hypocrites” these MPs who voted on the “assurance” of the all-time “Deceptive” “Hegemonic” and “Brutal” man whom they brought to sit in as President of the country. Another “Assurance” they claimed to have got was: “This provision (dual citizens to be in Parliament contained in 20A) would be removed when the “New Constitution” is framed. Where are these “Hypocrites”.

    With the abolition of the “19A” and replacing it with “20A”, the nomination of this “Bandit” to Parliament, will “Accomplish” the “Familial Rule” of the country. The “Courts” will not reject it. Good tidings for the “6.9 million” slaves.

  • 14
    0

    The LAW is for only the Poor common man and NOT for the Mahinda dynasty. Even the servant or driver or cook may become an MP . It is shame for Sri Lanka to have so many family members in the Cabinet, This leads to CORRUPTION, Judiciary is ridiculed, there many Yes men for the moves made by Mahinda

  • 9
    1

    If it’s go through TNA should follow the suit and bring Rudrakumar from US to our holy parliament to teach the masses and the blessed mahasangam how dangerous the 20A is.

    • 10
      0

      …Rudrakumar from US …..
      Provided he is a dual citizen and not US citizen only.

      • 6
        3

        At last a job for Visuvanathan Rudrakumaran to do; and MV you want to wreck it?

        • 5
          1

          SJ will do more better than GR?

  • 3
    1

    SLFP’s Dayasiri Jeyasekera, the State Minister of Batik, Handloom and Local Apparel Products, has said it’s Basil’s cabinet, not Prez’s cabinet; Basil is responsible for the newly created ministries such as his that people have been ridiculing (and the appointments too?).

    Also NPP MP Dr. Harini Amarasuriya made the point recently that Basil has already been heavily involved in the government and his anticipated entry as an MP is not going to make a difference to the government.

    So what’s the need for Basil to enter Parliament?

    Will it avail Basil more opportunities for financial gains, I presume illegal financial gains? Or will it serve to market him as the next president or PM!? Or is he capable of better floor performance in the Parliament than the other SLPP MPs?

    SLPP’s National list MP Ketagoda has just resigned from his position to make way for Basil Rajapaksa. That much is official.

  • 7
    4

    Younger Brother prince and Ranil are two big losers. I understand that many CT readers believe there is a lot of democracy flowing out of Ranil. So they are not concerned about his arrival to his uncle’s Diyawanna Lake Place. I don’t oppose them opposing the Younger Brother Prince becoming a (s)minister in the waiting list for PM. Do I have any justification for that kind of support for Royals? Certainly not. Otherwise, I have to ask to allow Gita to finish her lost time in the last term, in this government. But remember, the last election manifesto was seeking a mandate for a Hitler and ⅔, overwhelmingly rejected Ranil and his party. Who wants to hear the hypocrisy lectures of Ranil in democracy, anyway? It was a flat zero elected from his party. Mr. Clean is a man who didn’t want any losers to go to parliament through the National List.

  • 5
    4

    Ranil implemented UNP policy and is a loser and doesn’t go to parliament. And further, within all the UNP losers, Ranil is not on the list top for favorable votes. If the UNP losers cannot get the interim positions, it has to be an outsider for the election, isn’t it? Candidates may have disqualification for standing election, but not the elected national MPs holding a MP position. This was followed from 1948 from the Soulbury constitution. So why worry about Younger Brother Prince. He probably is the only non-serial killer in the whole family (I don’t know, I cannot certify that. He built Manson and abandoned that fearing law. Who knows how many heads and panties are remaining in his closets). Guys don’t waste your time on fixing this government, hoping to bring Ranil or Vaalaiththodam. Unite the educated Sinhalese and out throw this the latest Satanic Verse, the 1978 constitution.

  • 2
    1

    BASILSa US and Sri Lankan citizens have a dual interest, He went to the US for few weeks to get instructions from the UD congress, he lives in CA hence has to listen to Kamala the VP He will be the Night to be used to checkmate China, influence on Sri Lanka. He will be the government broker to get the support of Tamils and Muslims from North and east As soon as he becomes a very VIP minister he may do the fo;llolong
    1, Release the balance of Tamil political prisoners
    2, Release Ramanyake
    ‘3.Release Rasheed Baudin
    4, Checkmate on Chinese infiltertaion
    5. accelerate development work in North and East
    6 execute is Project Plan to become the Next President. Namal baby will be on probation to become PM once basil becomes Prez
    7. He may reduce the control of Army
    He has a great challenge to build the economy and bring down COL if he wants to be the next Prez, GOTA was a total failure.
    few rebels from the government such as Somawansa Nanayakkara will be out, Warning already given
    Basil will try to build a good relationship with India and Japan . Already instructions were given to him by US,

  • 4
    1

    I doubt that we could find a single honest leader from the majority community. Just see the so-called educated moron GL Peries, the vavula. Just see Ranil the loser. raja family is totally out and all synthetic LOWYERS and Ishkolars. So where to go? There are few among the sinhalas but they have no chance among majority idiots. So no chance and only hope is the Chinaman to take over and the majority to go and work for them instead of going to the ME. But Chinaman will squeeze them. Other hope of course Blind Eagle alias HLD the super clown to take over and nail the coffin.

    • 1
      0

      BL
      The one you quote he jumps from branch to branch he will stick with anyone who comes to power,thanks for free education we all contributed regardless he still in Govnt after Govnt we being told he is genius but sadly ….
      We were told iron man will sort …
      This is like poya after poya but hoping..

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