Issuing a historic order, the Court of Appeal today prevented former President Mahinda Rajapaksa and members of his purported government from functioning as the Prime Minister, Cabinet and deputy ministers.
Court of Appeal gives its order on Writ of Quo Warranto filed by 122 MPs challenging former President Mahinda Rajapaksa and his purported government’s continuation in office. The Court of Appeal also issued notice on respondents and directs them to show by what authority they hold office.
The court also issued notice on Respondents and directs them to show by what authority they hold office. The case will be taken up on December 12 and 13 .
roy / December 3, 2018
Bring the bullock cart to tie Mustachio and Patholaya for the send off ceremony.
/
Simon De Silva / December 3, 2018
Hernia PM Rajakshe and Spineless Sirisena should be hung by their balls if we to go for a better country.
Ballige putha Rajakshes days are numbered. Immediately UNF returns to power, they should all be subjected to criminal investigations.
We need to bring new laws to tame Rajaksahes and those chilli powder men.
/
nimal fernando / December 3, 2018
Mahinda’s gloss has come off a “little” ………… I hope the smart-patriots who love the country will pounce now and destroy his remaining gloss :))
–
That’ll be ………… removing the greatest curse the country has faced in recent times; good ol’ Mahinda’s mega “popularity.”
–
The putsch was a blessing in disguise ……… that exposed Mahinda for what he truly is; a painted-geisha old imbecile. The UNP young-brigade should now mock him and destroy him. Make him a big joke in the country. Strike while the iron is hot; don’t let the opportunity slip.
–
He didn’t wait too long …….. already signed 2 agreements with China.
–
In in all this, if there is a true marvel ……… it’s the little country SL …….. that has taken on monumental bastards in it’s stride and put them in there place ……. and still marches on without missing a beat.
Reply
/
edwin rodrigo / December 4, 2018
Simon, why don’t you give the honor ‘ballige putha’ to Sirisena also?
/
Simon De Silva / December 4, 2018
My Dear Edwin,
both are ballige puthas, dont you agree ?
Have we ever thought these ballige piutha would make LANKEN democray a mockery this way. ?
I am so fed up of lanken politics. I wish i could explode Rajakapakshe and Sirisena on the spot.
/
Amarasiri / December 3, 2018
Fake PM Mahinda Rajapaksa,
Sirisena stabbed you in the back earlier after eating Appa. Then he gave you Idi-Appa, and stabbed you in the front. This is what happens when you team up with jokers and traitors. You get screwed big time.
You are worst off now than before. See, this was all a conspiracy. Just tell the court that it was Sirisena’s idea and authority.
/
Anonymous / December 3, 2018
Good lesson for Maithripala Sirisena and Mahinda Rajapaksa and his band of criminals… did doctor DJ have any part in getting them into this mess!?
/
Amarasiri / December 5, 2018
Anonymous,
“did doctor DJ have any part in getting them into this mess!?”
Looks like doctor DJ advised Pakaya Vasudeva, and Vasudeva advised Hora Manhnda, and Hora Mahinda advised Seveala Sirisena, to get to the Circle to Sirisena.
1. Says something
2. Announces a different thing
3. Does something completely different.
4. Repeats the circle again.
Everybody is baffled , including Mahinda Rajapaksa, doctor DJ, Ranil; etc.
Deiyyo Sakki, God is a witness.
/
Lucky Appuhamy / December 3, 2018
Don’t use a poor bullock. Instead, white van or Grease Yakka or both will be more appropriate.
/
Ayathuray Rajasingam / December 3, 2018
A great disappointment for Wimal Weerawansa and Vasudeva Nanayakkara. Let us see how they react hereafter. Mahinda Rajapakse should resigned no sooner he was appointed illegally. A good lesson for Maithiripala Sirsena. At last democracy is saved through independence of judiciary though it is an Interim Order. Ranil Wickremasinghe and Sampanthan should be congratulated because of their firm stand. Sampanthan stands tall among the Sinhalese because of his bravery and diplomatic tactics.
/
K.Anaga / December 3, 2018
An “interim” defeat but an interim Feat for Mahinda to do propaganda that he has been prevented from serving the people,.
/
Frank N. Stein / December 3, 2018
Rajapajkse and his gangster friends in Parliament and politics are not going to give up – merely because of an interim ruling of the CA. They made billions fleecing the country and its depleting Treasury. They know that Ranil cannot stand the heat if they get into rough tactics in the Streets. They held strong in Parliament after several Floor Vote defeats. Law, Order, the country and decency means nothing to them. They are village thugs who forced themselves into political power.
It needs to be something else – very toxic. Like threats from the UN and the international community.
Frank N. Stein
/
Tipless Cohen / December 4, 2018
Well said Shitein, Glad to see you working from among the rubber trees at Halgolla to implement Protocol 1 of our elders, ‘create chaos’. Don;t worry. There is no Hitler here.
/
citizen / December 3, 2018
Great relief from Court of Appeal judgment to get law and order back into nation regardless of the personalities involved. We don’t need the end time lawlessness and self centredness. The C/A needs to focus on the Sri Lanka Medical Council mafia also behaving outside the boundaries of law similar to current rebellion. If Prez, cant act God, then SLMC AP and deans cant act God. GMOA should be parted from SLMC which should then register legal medical graduates for internship instead of treating the Health service as their private property. Finally all dictators will fade away carrying their own baggage with them.
/
Mano Mudhole / December 3, 2018
This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2
/
thondamany / December 3, 2018
Its a No Win situation…………
Let the Country float until the 12.12.2018 sans a Leader.
Ranil transformed nothing other than proving He and Yahapalanaya were bigger Rogues.
In such a situation, Courts had no option other than being pushed into taking a stand.
Nobody need to be credited with Court rulings.
/
Rajash / December 3, 2018
so will My3 Shitsena now work with Ranil?
/
Mallaiyuran / December 3, 2018
Yahapalanaya started immorally appointing Ranil as PM (- Though legally no violation, but no parliamentary procedure). Ranil fired Mokan Peiris without procedure. Shiranee B was reappointed and fired again, in an un-procedural way. Yahapalanaya’s election promise was meddling in the legal Process- “No Leader, No Commander and No Soldier will be prosecuted”. Ranil protected Old King by going to TTH on the night of election loosing. Ranil has been holding out ICC’s reign out of Lankawe until Oct, 26th. Ranil refused to setup special court requested by UNHRC, to provide justice for the ones killed by Old Royals. But Ranil was the reason, with CBK, for 17A which might have by now fixed some of the hurdles in the law enforcements, if it were properly implemented by Old King. He is credited for 19A, which helped justice system get better from the time Mokan Peiris ruled on Nirmala Rupan’s torture and murder case that Tamils don’t have FR.
So, today, Ranil is having in his hand a fruit he didn’t plug from the tree, but once upon a time he had watered to the tree.
Let’s see what initiation Ranil take this to be enforced.
/
whywhy / December 3, 2018
We can wait and see if MARASIRA want to wait until the 7th . The biased media
must be made to suffer too ! They did their best to side with or prop up injustice
to rule the day ! What do they want from it ? All evil forces must be made to
withdraw and eventually given time to disappear for good ! Listen to MARA’s
comment when it comes about the developments .
/
edwin rodrigo / December 3, 2018
A China -Sirisena-Mahinda Conspiracy: It was not a Sirisena-Mahinda conspiracy. It was a China-Sirisena-Mahinda conspiracy. China paid all the money necessary for the bribes and other expenses. The idea that this was inspired as an effort to rescue Mahinda from all his shady deals is completely wrong. Ranil would never have put his Mango friend or family in trouble. Ranil is like that.
.
China wants world domination. But as a first step, they want Regional Domination. It has the manpower and the money required for that. The technology is being developed fast. But that is not sufficient for dominating a country. As was learned by many invading armies, it is easy to capture territory – the problem is in holding it. The people would revolt – continuously.
.
Professor Zheng Lian of the Yamanishi Gakuin, Kofu, Japan says another strategy is necessary to keep the populace subdued. Communism provided that in the past. With communism going out of fashion, China looked for other strategies to overrun democratic countries and found one. The strategy is to use one of the biggest weaknesses of the open societies – openness itself – to make inroads in to them.
.
Taking Taiwan as an example, he says that Democratic countries that worry about Chinese influence on countries like Taiwan should see the success of this strategy in the weekend elections in Taiwan. Candidates friendly to Chinese government are expected go up from present 6 to 16 out of a total of 24.
.
According to NHK of Japan, influential media conglomerates in Taiwan have become more pro-Beijing because their major Taiwanese shareholders have been given increased opportunity to business in the vast Chinese market.
.
Mahinda supporters must consider all this before they cheer him on.
/
Hard Truth / December 3, 2018
A random comment after looking at the photograph here. If you are an intelligent person, so many things can give you clues about a person’s personality. There are two people claiming to be Prime Ministers now. One has white hair, while the other has Jet black. Yet they are of a similar age. Who do you think is FAKE?
People will say, ‘or, it is just hair, what about it?’. But it does give you a hint about the way a person thinks, and what is important to them.
/
shankar / December 3, 2018
now how about the impeachment if he does not want ranil as the PM.To trust sirisena again is stupid.
/
Mallaiyuran / December 3, 2018
I do not see a lot of reason to celebrate on this injunction.
Injunction is theoretically a hurdle for Old King to Function as PM, but is that practically too? Today, nobody will be going to PM’s office and take the keys from him. Administrative officials there may say something like they want to obey only president orders or gazette notifications. I don’t know if this order was served to EP too. Because, it is argued these days in Lankawe that he is entitled to be above the law. His wish is Old King to continue.
As an alternative to delay the effect of this injunction, EP still can appoint another cabal another, parliament proroguing all…..
The main challenge the NCM going to face at court is its constitutionality to remove the PM, though Old King is not the legally sitting PM, but accepted by Ranil and others as PM. Still this could be used at a later date to reverse the unauthorized Chinese contracts he is singing in hurry. It can be remembered that though UNP said in 2015 that it was going to repudiate the contract of Colombo Pong Cing, but failed because it was signed by a legal government.
The real case pending is Dambara Amila Thero’s case. He is the only one has challenged Old King’s appointment and Ranil’s dismissal in the Court.
If the parliament dissolution case is won, it will help naturally to take back the government. New King will have to accept Ranil or resign that time.
/
Mallaiyuran / December 3, 2018
“Parliamentarians who filed the Quo Warranto petition say that Prime Minister Mahinda Rajapaksa has no parliamentary majority and the speaker too has confirmed this.
As a result, the petitioners claim that Mahinda Rajapaksa is not legally entitled to hold office of Prime Minister under the 19th Amendment of the Constitution.
Hence, the petitioners have appealed to the Court of Appeal to nullify the appointment of Mahinda Rajapaksa as the Prime Minister and the Cabinet ministers, as per the provisions of the Constitution. “
This is what said in in Ada Derana. I think that is completely wrong.
The good thing about this injection is it valid until the case is closed. So if it is enforced, practically Old Royal government is stopped here with.
The weak point is it is only Court of Appeal injunction. So an appeal can be expected from the other party.
/
PARAGON / December 3, 2018
AS A TEMPORARY MEASURE WHY UNF DECIDE SOME BODY WHO IS NEUTRAL AS D.M .SWAMINATHAN OR THALTHA ATHUKORALA OR EVEN JOHN AMERATHUNGA AS PM TO GET OUT OF THIS DEAD LOCK.if you appoint karu,sajith,or navin or rajitha they all have future ambition to be LEADERS.IN 2005 IF RANIL WAS READY TO ACCEPT MY3 TO CONTEST WHY NOT GIVE HIS PLACE TO GET OUT OF THIS mess created by power hungry MY3 AND MAHINDA.
/
Mallaiyuran / December 3, 2018
There are reports that TNA is saying that New King has accepted the Injunction of the Court of Appeal. He said there is no goverment at this time and only president is existing. He wants to have this problem(that arose by injunction?) resolved in 24 hours.
/
Mallaiyuran / December 3, 2018
With these developments, the most interesting things to watch is what is going to happen in tonight’s UNF – EP meeting. Will he appoint a PM?
What will happen in parliament tomorrow. Chitanta camp may again boycott. But then?
/
kolla / December 3, 2018
The president removed the PM !
The judges remove the government !
What is now left !
/
wannihami / December 3, 2018
Kolla, The President!
/
Ajay / December 3, 2018
This shows that the changes brought about by the 19th Amendment are holding and are quite effective. Judiciary has regained its independence, and the various commissions set up under the amendment are functioning well. FTI and media freedom have allowed people to openly dissent and stage protests against government actions they deem undemocratic. (Though unfortunately most media outlets continue to function in a highly partisan manner spreading fake news) Thus the Yahapalanaya government, despite its poor economic performance, has succeeded in creating a space for democracy in the country. Given this intent and purpose of the government, the argument that there is ambiguity in the provisions of the 19th Amendment pertaining to the powers of the president vis-a-vis the parliament is rather tenuous. This judgement by the Court of Appeal confirms this. Hurray to the brave and impartial judges.
/
Thanga / December 3, 2018
The Appeal court’s interim order gives the lie to the claim that he acted on the advice of lawyers. He did not identify the lawyers, it nay the former Sarath N Silva who confessed that he gave politically motivated cases like Help Hambantota. This ex-Chief Justice is a national disgrace. This apart, it is too late to celebrate the legal victory. Sirisena might pull out another trump card in his arsenal.
Sirisena by his stupid gazette notifications has brought the country to its knees economically and politically. He did not have the interests of the country and its citizens who are reeling under a depreciation rupee against the dollar. He did not care about the damage to the country’s tourism by his amateurish and childish behaviour. We know he is an ignorant person who knows no English to read the constitution in a broader sense. When history is written in the future Sirisena will be described as a court jester or a buffoon. or both!
/
Mallaiyuran / December 3, 2018
Did Ranil came out and gave any interview on this or is he rejecting this injunction too?
/
Mallaiyuran / December 3, 2018
Interesting turns.
Reports say Old King will appeal tomorrow, but New King has accepted the injunction. Did they two consult each other or these are independent reaction? Is this can be taken as a challenge from Old King on New Kings authority to remove him?
Parliament NCM with simple majority may not enough to remove PM under 19A. If Old King goes against the injunction probably that is the argument he will put forward. If he is success on that, whatever hell can happen to the country, he and his cables can be in the cabinet and ruling side in the parliament. Not even EP will be able to remove them.
/
Thilan Rupasinghe / December 3, 2018
We should not forget the role played by the Hon. Speaker to safeguard democracy and the constitution of this country. Hats off to the judiciary as well and they are earning public trust after a disgraceful past during previous regime.
/
Mallaiyuran / December 3, 2018
When I am writing this the Lankawe time is 8:30. It appears to be almost certain that Tomorrow morning by 8:30, New King will reveal who he is.
He needs a PM right away. A new PM from UPFA is also possible.
/
Vanguard / December 3, 2018
“The court also issued notice on Respondents and directs them to show by what authority they hold office. “
So the court has spoken. Very good. So they do hold office, otherwise there would be no case. I mean, no one is accusing me of pretending to be Prime Minister. So Mahinda Rajapakse is the Prime Minister of Sri Lanka and has been asked to show by what authority he holds office.
He only has to produce the gazette notification. The President’s opinion at the time of appointment of the current PM cannot be challenged in court, I would think.
Who dreamed up this strategy? Will it work? Will if fail? Who will benefit? MR, RW, MS, all of the above, none of the above? Everyone is confused including readers.
I personally think the UPFA cannot lose, because they have the support of the majority of the voters, the UPFA thinks so otherwise they won’t call for elections.
/
Sapumal / December 3, 2018
Now you see that he didn’t accept court ruling. They SLPPdidn’t accept parliament ruling, speaker ruling or Constitution. These are isolated incidents and they are not peoples oriented moment.They are some kind of thugs. Corrupted crooks or a mafia type of bunch. As far as I know him ( I was monitoring him since 2004 til to date) he will not give up. Some people gave him bad advice’s or ropes. First SB and Dayan Jayatilaka ideologically manipulated him to be a king or a dictator. On the other hand some people asked him ‘why did you give up ,you could have stay by force’ in some points. Now he has nothing to loose.He is trying his best to continue. I don’t think he will let anyone to let democratically rule this country until he is there.
/
Vanguard / December 3, 2018
Just for your information we now have no cabinet, no Prime Minister functioning – until the 7th that is.
/
Ajith / December 3, 2018
Vanguard,
Hora, and Bora are now exposed and disposed by the judiciary. A great victory for Srilanka. They might runaway from Srilanka to China. So, the courts should issue an order to stop them going out of this country.
/
k.kulesh / December 3, 2018
People have started thinking that this humiliation endured by MR might be a trick of MS and lots will follow if they want to continue their arrogant way of rule. In the modern world, this is the worse example that we witness and the people should at least now realize what is democratically correct. Any party that tries to field a candidate for the future presidency, should think 1000 times and the people should think million times before they nominate a person. This is a good lesson for all the citizens of this country and the situation has shed light on so many things. People have received better chance to identify how their elected members behaved inside the parliament chamber and they got educated on the constitution and constitutional coup and a lot more.
/
Mallaiyuran / December 3, 2018
It is the Tamil lawyers brought this Kalapula situation to Old King. Ranil resisted any legal action. On his first meeting after Oct, 26th, he promised to New King not to take any legal action against him I don’t like Sumanthiran’s way of surrendering to UNP. But he was ringmaster until now to this show in the parliament. Other more experienced lawyer handling this case is Kanaga Iswarn.
It appears purposefully Colombo Sinhala & English Media black outing the Tamil lawyers. Why this racism even in this unified effort? They are portaging Tilak Marapana as the leader. He is the guy saved Old Royals form Avant Grade and because of that left AG position. He was selected as FAM by Ranil hoping he will give tough time to UNHRC supporting Old Royals on the War Crime. He even threatened to withdraw from UNHRC, if it doesn’t cooperate with him. He is an as much traitor as New King is. His brother is still the Old Royal Camp’s lawyer. The Colombo Sinhala and English media are shameless entities. They yet to have have an interview with the two Tamil lawyers appeared on the both cases. Until they learn some faithfulness, Sinhala Intellectuals will not be able to avoid the slippery they faced now. Remember the time when Ramanathan saved Don Stephen from British grip, then Don Stephen became jealous on Ramanathan and guided the country to this destructive path?
/
Mallaiyuran / December 3, 2018
Today is the best day for EP to resign. This will put Karu as the EP. Then all the problems can be amiably solved with in UNF. Will he do that?
/
Plato. / December 3, 2018
MaRa is desperate.He is now like a wounded animal. He would not stop. Come or go Chicago he would say. The last act and scene in this whole drama would be he will take his followers to the streets with gedera yana gamang Ex:CJ Sarath.Nanda Silva. Srilankans brace yourself for the worst.
/
Lanka Watch / December 3, 2018
Justice prevailed at last !. This does not mean that the other crook RW should take over the reins, Whether
the rulers were from SLFP or UNP, the country was ruined economically and socially, since independence
We fervently hope and pray that their load ships of the supreme Court decide on an early election, tho’ the legal minds may have to put their brains together on the law books to find a reason for calling an early election, but its worth the try as ‘enough is enough’ is the verdict given by the people about the other two major parties, and they are keen to bring in new faces with far reaching policies to uplift the social & economic status of the country, and the people certainly do not expect the return of the “old” govt.
The unfortunate part is that the people are gullible and belief in what ever thrust upon them and bricks
to forget the past atrocities committed on them .The politicians know the weaknesses of the people they serve and put into them, their bogus promises, which never materializes and they always had ready answers for the failures. The people have a habit of going for ‘old guards’ irrespective of what damages they have done to the poor and the society and difficult to break up these two parties and youngsters like the University students should take part in public meetings, step into advisory roles to brief the people as to what the country needs. Young leaders like Anura, Champika.Mano Ganesan, Sumanthiran & Muslim & Indian parties should take them to stage personally as they are reluctant to get on stage due to the past, fearing that they will be classed as terrorists if they succeed in winning the people’s minds. Folks, Let us be governed by a young, highly educated and energetic coalition. and see Sri Lanka on the world map, again. with Economy Tourism, Cricket .& trade, flourishing.!.
/