20 November, 2019

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Court Of Appeal Judgment Addresses MR As Hon President Mahinda Rajapaksa – Full Text Of The Judgement Of Case Against Gota

Setting out the reasons for last October 04 dismissal of the writ petition challenging the dual citizenship of Sri Lanka Podujana Peramuna (SLPP) Presidential Candidate Gotabaya Rajapaksa, the Court of Appeal today (October 15) stated that inordinate delay and fatal omissions inter alia led to the dismissal.

Justice Kodagoda

Legal experts believe that such fatalities led to the dismissal rather than inadequate merit in the prime question in issue i.e. Gotabaya Rajapaksa’s citizenship.

Prof. Chandraguptha Thenuwara and along with fellow civil activist Gamini Viyangoda filed the Writ application citing R.M.P.S.B. Rathnayake, Controller General of Immigration and Emigration (First Respondent), P. Viyani Gunathilaka, Commissioner General, Department for Registration of Persons, (Second Respondent) Hon. Vajira Abeywardena, Minister of Internal and Home Affairs and Provincial Councils and Local Government (Third Respondent) Gamini Senevirathna, Ministry Secretary (Fourth Respondent), Nandasena Gotabaya Rajapaksa (Fifth Respondent), ‘PRESIDENT’ (Emphasis ours) Mahinda Rajapaksa (Sixth Respondent), C.D. Wickremaratne, Acting Inspector General (Seventh Respondent) and three other Police officials as respondents.

Suren Fernando with Niran Anketell and Khyati Wikramanayake appeared for the Petitioners, whilst Deputy Solicitor Generals Nerin Pulle, Dilan Ratnayake, Dileepa Pieris, Senior State Counsel Suren Gnanaraj, and State Counsel Indumini Randeny, appeared for the 1st, 2nd, 4th 7th to 10th Respondents.

Chanaka De Silva, P.C., with Sachintha Kahandage, Niranjan Arulpragasam, Sewwandi Karaliyadda and Dilrukshi Paul appeared for the 3rd Respondent whilst Romesh De Silva, P.C., with Palitha Kumarasinghe, P.C., M.U.M. Ali Sabry, P.C., Sugath Caldera, Ruwantha Cooray and Harith De Mel appeared for the 5th Respondent.

Gamini Marapana, P.C., with Navin Marapana, P.C., Ganesh Dharmawardena, Kaushalya Molligoda, Uchitha Wickremasinghe and Gimhana Wickramesurendra appeared for the 6th Respondent.

On October 04 the three-member bench of the Court of Appeal comprising CoA President Justice Yasantha Kodagoda, P.C. and Justices Mahinda Samayawardhena and Arjuna Obeyesekere unanimously dismissed the application without issuing notice to respondents.

Here are excerpts of the judgment:-

“…It was pointed out by the learned President’s Counsel for the 5th and 6th Respondents and the learned Deputy Solicitor General, that the language in Article 44(2) clearly provides that the President shall remain in charge of any subject or function not assigned to any Minister….”

“The Sinhala text, which this Court is obliged to give preferential recognition to, indicates clearly that the Constitution had conferred a ‘duty’ to the President to be ‘in charge’ of the subjects and functions not assigned to Ministers. Thus, during the intervening period of a few days between the new President having assumed office and his having appointed the Cabinet of Ministers and assigned subjects and functions to such Ministers and to other Ministers as provided by the Constitution, it is the view of this Court that the Constitution had conferred a duty on the President to be in charge of all such subjects and functions not assigned to any Minister.”

“It is therefore the view of this Court that the language in Article 44(2) read with Article 4(b) provides ample textual support for the proposition that following the assumption of office, the newly elected President could have exercised powers conferred on a Minister by any written law until the Cabinet of Ministers was appointed.”

“In the above circumstances, it is the view of this Court that the 6th Respondent, as the repository of the Executive power of the people, had the legal authority in terms of the Constitution to sign the ‘Dual Citizenship Certificate’ (Pl3)’ on 21st November 2005 and that the argument of the Petitioners that ‘PB’ is a nullity therefore has no legal basis.

“(However)… this Court cannot agree with the first part of the submission of the learned Deputy Solicitor General and learned President’s Counsel for the 5th and 6th Respondents which was premised on the footing that the President is conferred with ‘plenary executive power’, which empowered and therefore enabled him to issue the ‘Dual Citizenship Certificate’.

“It was the position of the learned Counsel for the 5th and 6th Respondents that, there was nothing suspicious in the entries found in the afore-stated documents.”

“This Court has from time to time expressed the view that a prerogative and exceptional remedy in the nature of a mandate of a Writ would not lie based on disputed facts. This Court cannot be expected to go on a voyage of discovery and arrive at factual findings relating to disputed facts. Thus, this Court does not wish to base its findings on such disputed facts, which are still under investigation by the police. This Court wishes to add that the Order contained herein would not have any bearing on the Criminal Investigation Department continuing with its investigation, should the law and investigational findings warrant it to do so.”

“It was the position of the learned President’s Counsel for the 5th Respondent that there cannot be a dispute that this is a politically motivated case. He submitted further that this Application had been filed strategically at the ‘eleventh hour’ to put the 5th Respondent out of the fray for the Presidency.

..The Petitioners strategically filed this application giving only six working days (including the date of filing the application) prior to the nomination date to decide the matter for Notice and interim relief. The Petitioners have not stated a word about the delay in filing the Petition, but impliedly expected the Court to believe that they came to know about the question of dual-citizenship of the 5th Respondent through the Daily FT news item that appeared on 05th August 2019marked ‘Pl ‘.”

“The learned Deputy Solicitor General has tendered together with an affidavit of the 1st Respondent, the requests made in February 2019 to the 1st Respondent under the Right to Information Act requesting information with regard to the issuance of the dual citizenship certificate of the 5th Respondent. … This demonstrates that this issue was in the domain of knowledge of certain persons at least since February 2019. This Court must state however that no allegation was made that there exists a nexus between the Petitioners and the person who made the said request.”

“The learned President’s Counsel for the 5th Respondent submitted further that while rival parties are entitled to adopt their own strategies to achieve their political objectives, no one should be allowed to abuse the process of Court to achieve his or her ulterior motives.”

“It is not in dispute that, if this Court had held that ‘P13’ is a nullity, it would not only directly impact the rights and interests of the 5th Respondent, it would gravely prejudice the interests of the SLPP. Thus, applying the above dicta, this Court holds that, non-citation of the SLPP as a Respondent is a fatal omission by the Petitioners, and hence on that ground too, this Application could have been dismissed. For the aforesaid circumstances, this Court does not see any legal basis to issue formal Notice of this Application to the Respondents. This Application is accordingly dismissed. This Court makes no order with regard to costs.”

Yasantha Kodagoda, P.C., J
President of the Court of Appeal
Mahinda Samayawardhena, J
Judge of the Court of Appeal
Arjuna Obeyesekere, J
Judge of the Court of Appeal

To read the full text of the judgement click here

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Latest comments

  • 32
    4

    Will there come a time, these judges could be held responsible for a partial judgement by filing a motion SOMEWHERE, I wonder

    • 25
      1

      The RULING ELITE Mafia ( The Govigama clan) cannot get worst than this, in the socio, political and religious controls bending the rules purely favouring the clan members even through the Judiciary. The law profession and industry is the biggest corrupt institution that goes against the rules and the norms in the protection of the citizenry by being pro Elite Families ( mainly the Rajapakse criminals). Rajapakse’s eligibility in the law industry was fakely pushed to lend him some worthy, one day to become the leader of the nation. Its all well planned layout designed by the Deep State which is running the system from behind the scenes. SLPP’s rise to power is also a manipulation and a deceptive method they devised to make it popular to capture the power. Thus Sirisena, Ranil and almost 99% of the Govi Families rendered their help to keep the pinnacle of power within the clan. Why would Shan Wickremasinghe, JR’s grandson, Ratwatte families, Gamini Dissanayake families, mahanayakes etc., openly well wishing Gota the goon even after knowing that he will turn the country into a Fascist Mass murder project???? Its under the Govigama agenda that they must make him the next President as they did throughout seven decades.

    • 11
      0

      Judges are the only breed of ’employees’ who cannot be challenged and punished for their Verdict Misadventures. All other government employees are vulnerable to challenge of some form or other including a Fundamental Rights petition. What a pity?

      • 0
        0

        K.Anaga, Absolutely yes. Judges have no one to challenge them nor to punish them for their evil collaboration with the Ruling Elite Mafia. Thats why Mahinda Rajapakse, an O/L drop out was given an opportunity to become a “Lawyer” by total deception. The parliamentary privilege was created allowing any Gobbasena Politician to sit for an law exam to become a lawyer. Thus, Mahinda became a lawyer through deploying the coy Sripathi Sooriyaratchi to sit for the exam criminally on behalf of Mahinda and got him passed the exam by crook. The same thieving method was used to make his Mongloid Prodigal son Namal a lawyer by setting him up the exams inside a room with professional copy-cat systems by the law college head, who happens to be an acolyte of Rajapakses ( The same like this Justice Kodagoda slave slut). The law industry and the Judiciary are used as Gate Keeper device for the manipulation of the Govigama Ruling Elite Mafia and the Rajapakse Criminal Incorporation.

  • 44
    0

    What unacceptable nonsense. Judgement based on judges prejudices ???

    • 15
      0

      Your comment has highlighted in short in the summery of your judgement on the judgement. I agree to a certain extent in that I cite a case where judgement is being delivered by the public in the case of Baroness Hale (UK) v Justice Kodagoda (SL)
      Both these justices examined the extent of the executive powers. Barroness Hale examined the use of executive power in the prorogation of the UK Parliament last month and Justice Kodagoda examined the use of the executive (MR) power in granting citizenship to the brother of the executive. In the case of Baroness Hale it was decided the use of the executive was wrong. It did not conclude any absence of the executive power vested on the executive to prorogue the parliament hence was not ultra virus but questioned the intention of doing so and concluded that whlist the executive power to do certain acts may be embedded in the constitution but the intention of the use of that power is vital in balancing the acts of the executive. Hence was concluded by unanimous decision that the executive act was unlawful.
      In the case of Justice Kodagoda the same principles surrounding the presence of the executive power on MR was admitted but failed to look at the intention of the use of that power by the executive. If the Justices were minded to step out to question the intention of granting his own brother citizenship (eventually making his own brother a executive to run riot) then such action could have been declared unlawful. The counsel for the petitioner failed miserably in his adduce of arguments to question the intention. What was that mighty hurry to grant his own brother citizenship and could he not wait until the cabinet of ministers were appointed and it has now come to light that no formal application was made by the applicant either or there is no record of it at all.

      • 0
        0

        @ Perera – read the comment plies

    • 12
      0

      Sofia,
      As far as I know, it is out of the tradition for judges to refer defendants using the term Hon even for the ex president b’cos, as nobody is above the law, in courts the term is restricted only for the judges. Therefore, judge Kodagoda will have to find out how the term Hon got into the report. Apart from this “error”, I believe that the verdict is reasonable. However, the case dramatically exposed how the MaRa regime planned corruption & abuse of power right of the bat – even before taking oath! Considering the fact that MaRa paid Prabhakaran to stop Tamils from voting in the election (2005), it is even possible that the whole plan of bringing GoRa as the “body guard” and putting BaRa in charge of development plans might have cooked up during the election itself.

      Another big item in the plan was to cut off Bandaranayake’s from power. While all these planning going on secretly, the election campaign was made to look like a totally innocent progressive project. For example, there were huge cut-outs saying “Mahinda president – Anura (Bandaranayake) PM”. But, in the cabinet, instead of the PM post, he was pushed out to a remote corner. Also, pre-election agreement with the JVP ended up in the trash (with such a history, it is not difficult to figure out the fate of the deal with the SLFP)!

      The appeal court may not have legal provisions to uphold the petition but, on moral grounds, there are more than enough reason for the public to reject GoRa in the election. If nothing else, just look at the way ChaRa was inserted as a back up just before the verdict so the petitioners couldn’t bring it up to attention of the court. Do we need these kinds of despots running a Buddhist country?

  • 30
    2

    MR has already started what he is good at “LYING”. Yesterday he told press in Shangarila (new head quarters of SLPP given free at cost) TNA did not talk to them about a election pact ,where in, the truth is , TNA had a meeting with MR and Gotha and concluded that nothing can be worked out with them. When the subject of solving North and East issues came up, MR intervened by interrupting Gotha stating people in South have more problems and that was the end of the talks. The very next day he denies meeting TNA, and lies to press that he did not meet them.. Just like MR giving promises to Sushma and Banki and within hours lied to public doing so.

  • 33
    2

    Who trust this.
    Still all judges are trembled ….Fear of white van culture and intimidation which introduced by Gotabaya is still there….

    • 10
      0

      Saman – “…..Fear of white van culture and intimidation which introduced by Gotabaya is still there…” Including fear of becoming shark feed!

  • 25
    0

    Sri Lanka judges can be bought and sold by money in public auction…
    They become scapegoats. They can be used and misused by politicians..
    Politics control every thing .
    Judges are promoted and demoted by them as they like.
    Corruption peamate very corner.
    This is what Sinhalese politics done in Sri Lanka

    • 15
      0

      Lankan
      Have you heard about judge called Illanchilliyan,a Sril Lankaan police sacrificed his life to safe guard this Sri lankan judge .
      This Lankan judge gone to the dedicated police officer’s house paid homage,not to the BMICH for the gala nights on the dead ones.

      • 1
        0

        Mr.Illanchilliyan is a Judge in courts!

  • 4
    15

    The TRUTH…
    Sealed and Delivered.

    • 3
      0

      S.c.Pasqual
      It’s already being sealed ,just to deliver to survive in this Buddha’s land.
      The guy who studied in mother of queen promised 1000 more chathiyas all over in Sl,
      Bring all these dead monks to our temple to cremate after all they were abandoned that’s the sad tale

  • 1
    20

    Mr. Dingbat,
    Ms. Sofia,
    Mr. Chiv,
    Mr. Saman,
    …………
    ………….
    …….
    You people are
    crying for legal fairness….
    crying for democracy….
    But don’t wont to respect a fair judgment.
    What a fools….
    Have some principles. (Not the school one)

    • 5
      15

      Legal Fairness in favor of the UNP…Just like Dr Ranil’s F****** CID…

  • 5
    17

    NGO Dollars and their Agents are no match for patriots like PC Ali Sabry…

    • 3
      11

      Oh yeah, racist Ali Sabry was the reason of the resignation of Madhu Madhawa Aravinda from his party. Where was Ali Sabry when the country was in jeopardy? All the sacrifices made by Madhu Madhawa was ignored by Pohottuwa just to appease a section of Muslims.

    • 1
      0

      K.A. Sumanasekera…..now PC Ali is a patriot but couple of months ago you lot were after their blood. The idiom ‘fowl shit is also good, if it can cure your ailment’, is true when it comes to you.
      Furthermore, the opposition always blames the NGOs, when something goes against them; can you please name the NGOs’ and how they influence/d political decisions in SL?

  • 6
    0

    “Oh!God of infinite Goodness , Help Us, Judges. You know thee! And give us Justice! Amen”

  • 0
    9

    I dont think it is a big deal. They may have said that out of respect to Mahinda.

    • 0
      0

      Ooooops my avatar should be blue!!!!

      • 0
        0

        You may have made a mistake when entering your e-mail address.
        I have saved mine on the computer and even on my mobile phone.
        .
        If you have two addresses saved (with different initial letters), the e-mail address appears in default position for you to enter with no mistake.
        .
        The same with the user name. I think that it is the e-mail address that determines the gravatar.

  • 12
    0

    I was confused about the judgement given on 4 Oct ??.
    Now more confused about the reasons for the judgement

  • 10
    1

    What has become evidently clear to the reading public is to demand with the utmost urgency to restore the Symbiotic connection with the Privy Council of England and the Judiciary of Srilanka which was severed by a nastiest of nasty individuals who was the Chief Justice to cover his own backside. Ms Frederika Janz who authored the Article “The Chief Justice Made An Ass Of The Law” aptly and ably explained it in there. There is a significant deficiency in the Srilankan psyche compared with the ability of the English psyche in making sense of jurisprudence. The backbone of the Srilankan judges are too supple like thin bamboo which easily bends with the wind.

  • 4
    20

    Begger bastards what is wrong there in addressing him as Hon President. You want your grandmother to address with salutations.

    • 2
      7

      Hey you greedy pigs. Do not you all have no any other names than mother and grandmother’s, when you scold in filths? Woe to you idiots!

    • 8
      0

      asshola – It is inappropriate to address the former unlawful and dishonourable king as “Honourable President”. Keep on sniffing the former king’s loincloth to jog your memory!

    • 2
      0

      Moronic Asela,
      MR is FORMER President Not “PRESIDENT” what you fiefs fail to see!

  • 11
    1

    They put Chamal for race if they are genuine why do they have to seek back up plan?only the thing they have is cooked up back dated certificate ,there is no trace for application or the fees being paid.
    Come on guys who wants to loose the US citizenship once lost can’t regain,even the Harrods owner of the London couldn’t get British citizenship he was desperate,This disgrace army deserter knows the value of the US citizenship.
    30 yrs of war 10 yrs gone where is SL now,Buddha’s teaching still there ,no way it’s going to fed away,there is no danger or damage to Buddhism in SL,but in reality you all follow mostly in hindusium,what about the new year?every vihara has Hindu diety to save guard?
    Come out of the myth ,safe guard the country bring prosperous for our generation work out the way for whole sri lankans.
    Sinhala only came _international schools mushrooming all corners
    Executive prez introduced by JR _that’s work out well to given his original citi certificate.
    Only tiny minority of Thamils supported VP lot if us against his ideology,but you all put it in.same box and treating as terror.

    • 2
      2

      ‘Only tiny minority of Thamils supported VP lot if us against his ideology,but you all put it in.same box and treating as terror.’

      Rubbish! Most Tamils were very pleased that at least one Tamil leader had the balls to hammer the Singalese. Now that they lost, they are piously claiming that they were always against VP. What two-faced bastards they are. I have more respect for TGTE, at least they have been consistent.

  • 10
    1

    Prof kodagodas son can’t be anything different except racism and bias.

  • 9
    1

    Thank God ! Lady Justice is still blindfolded !!!

    Otherwise the white Vans will deliver the judgments and the world will be searching her as another missing person.

  • 5
    0

    Pasqual you mean Lankan “LOW and ODOR”.

  • 5
    0

    They are all the scum of the Earth. Did you know that Sirisena has received cabinet approval to occupy the President’s official residence down Mahagamasekara Mawatha in Colombo 7 after his term ends? The decision was made following a letter submitted by Mangala Samaraweera at yesterday’s Cabinet meeting. What’s in it for Mangy?

  • 13
    1

    In what country do you nominate a Prez who willingly gave up the mother nation and swore absolute allegiance to another nation and have five cases of corruption pending in courts and many more for brother and nephew ? In USA in UK as Sunil Perera sings.

  • 7
    0

    Tommy rot :
    The Petitioners have not stated a word about the delay in filing the Petition, but impliedly expected the Court to believe that they came to know about the question of dual-citizenship of the 5th Respondent through the Daily FT news item that appeared on 05th August 2019marked ‘Pl. “The learned D S G has tendered together with an affidavit of the 1st Respondent, the requests made in February 2019 to the 1st Respondent under the Right to Information Act requesting information with regard to the issuance of the dual citizenship certificate of the 5th Respondent. … This demonstrates that this issue was in the domain of knowledge of certain persons at least since February 2019.
    This Court must state however that no allegation was made that there exists a nexus between the Petitioners and the person who made the said request.”
    Mind reading: impliedly expected the Court to believe.
    Wrong conclusion ?? : there exists (no) nexus between the Petitioners and the person who made the said request.” So why consider it?

  • 10
    0

    The entire Judiciary of the land is a stinking rotten maggot filled mess like everything else.
    Wonder how some of these Judges have families when they don’t have the main part of their being and that is called ” Balls.”

  • 7
    0

    We have seen over and over again Judges postponing Rajapakse family related cases. In this case as the Judges could not have postponed the case due to upcoming Presidential Election they have given this bogus verdict. Nothing in this verdict is a strong argument. Its sad we have such partisan judges. Its time to bring foreign judges to sit on our benches.

  • 0
    0

    [Edited out] writing in capital letters are discouraged -CT

    • 0
      0

      now after this judgement in future whether the court cases hearing will be held in mariyakade in maradana or in aluthkade in HULSDROP.

  • 1
    3

    The headlines of this story imputes that the Judges are impartial in their judgement, as they attempt to venerate MR. stating that the court describes the former President as Hon. President Mahinda Rajapakse. Now who started all this? Is it the judges? When the Petitioners filed in their papers to court giving their list of respondents it is they who describes MR as Hon. President Mahinda Rajapakse, residing in 117 Wijerama Mawatha, naming him as the 6th respondent in this case. None of the defendants contested this salutation. If so, the judges will have to give a ruling on the preliminaries before coming into the meat of the matter. One can argue that in fact the petitioners were right in their description because if a Minister, such as Vajira Abeywardena, as the third respondent is saluted as Hon. Vajira Abeywardena, then why not a former President who by law, ought to be given the privileges of a Cabinet Minister be addressed as Hon.? It would have been more correct at the outset itself to describe MR as Hon. former President. Generally in other territories all former Presidents carry the Prefix President although personally I am not inclined to call so, particularly to MR. If we caste aside our personal preferences and be fair then I see nothing wrong in the court documents and for the ascribed reason I am unable to conclude that the judgement was partial.

  • 7
    1

    The Foolish Judge does not know who is the President of the country? Well, that pretty much sums up the Judges in Sri Lanka.

    Once a Judge by the name of Samayawardena openly said during a Land dispute trial that he would open a Bottle of whiskey on the disputed land, drink it and be happy before the Fiscals came to evict the loosing party.

    While it’s true that Fiscals would evict the party that lost the claim to the land, ridiculing the defendants in that manner is quite unbecoming of a Judge. But these rif rafs in Sri Lanka have no shame. The justice system there is such a disgrace mostly because of these judges.

  • 8
    0

    The Court of Appeal in its wisdom has found in favour of Gota, and that is a decision that everyone concerned has to accept. But the Court’s decision relates only to a procedural matter relating to Gota’s dual citizenship, not to his qualification for office. That is a different matter. The President is the head of state. His position is the highest political position any citizen can expect to hold. Given the importance of that position, persons who aspire to that office should be persons who are deserving of being entrusted with that high office. They should be persons of obvious good character, respectable and respected, without any criminal record or be tainted with accusations and charges of complicity in crimes and improper conduct. I wonder if someone who has various court cases pending against him, who has been accused of complicity in crimes and other wrongdoing and has not been cleared of those charges would, with that sort of background, be able to obtain a job even as a peon. How, then, could he be considered fit to run for President of the country! Arguably, given his background, Gota should not even be running for President. This is for the voters to carefully consider. In November they can have their say.

  • 1
    0

    It is the same cesspool. Once again the Sinhala Only Jury court system of Wildlife Sanctuary SinhaLE Lankawe has issued its verdict on the path of Buffoon De Silva.
    The applicant has been denied justice, which was well within the jurisdiction of CoA. Court refused to consider the case of the applicants but considered only respondents defense. Court stayed away from reply to the redress request from applicants.
    Court accused applicants using court for political expedition. But the Court took six days to get into the case. Then it suddenly issued an arbitrary verdict on the day before nomination. Then it took two weeks to explain the verdict. The court has taken from 4th to 15th to explain a matter, which it decided in matter of a day of 4th, Oct. Court looks like, apparent, rushed to clear any legal roadblock stood in front of non-citizen to contest in a country’s most important election, while suppressing applicants as on political expedition in court. Court needs to give some additional explanations to give a rush verdict on the day before the nomination day and taking 12 days to explain it, if that is not a political motivation. Is this delay suggesting that Judges, instead of wring themselves and reading, the possibility of reading a statement written somewhere else, out of the court? Or by delaying this long, are the judges suggesting that rescuing the court system is within their hand, so it is the people has to take to their hand in the election? By delaying this long, are they telling the citizens to think and vote in the election?

  • 0
    0

    Constitution clearly says the candidate has to have citizenship. Even as per judges’ interpretation that the applicants are only political opponents of the respondents, how could it affect the constitutional position? Judges said they cannot fish in part remain in police investigation. If the polices are investigating about one’s citizenship what was the problem to grant injunction to the judges when a candidate is fraud accused? An efficient judge might have ordered additional matters to investigate to the police on this nepotism in the light of the facts found in the case, instead of palming off that they cannot foresee a police investigation result. It is really astonishing that judges pretending like that they could not the elephant, that is the clear nepotism of Old King attending family matters with the vested plenary authority, but accusing the applicants as on political expedition in the court.
    An EP was elected in 2005 to take care of the people and the country. The first matter he attended was to grant citizenship to his brother. Remember, the constitution says until new cabinet is appointed and in operation Old will be functioning in its capacity. Then, how could not the EP direct the previous immigration minister, secretary, and official to take care of the matter, instead he ignoring his urgent, immediate duties but granting citizenship to his brother. How Much authority was left in EP to appoint ministries’ secretaries under 17A? Why the earlier explanation of that 17A jurisdiction was not under the CoA, is now overwritten by the judges and they decided that they have authority to deicide EP’s authority?
    It was Buffoon De Silva, after falsifying the verdict, publicly accepted him siding with Old King to save him from Hangbangtota Help to enable him on his political process. This verdict has rescued Old Brother Prince in the same line. Still, hopefully these judges would do not that same shameful thing Buffoon de Silva did in the future.

  • 0
    2

    Once a President he/she is always called a President. In USA they still call Clinton, Obama, Bush and Carter as ‘President’. When they are in the company of the current President, then they call them as former President. CT is making a mounting out of a molehill.

  • 0
    0

    Dear Perera: Thank you for bringing some sense to this subject by comparing the verdicts of both UK and S/L. The case was: “Challenging the Dual Citizenship” of Gotabaya Rajapakse. The “Court Decision” says that, they are not going to go on a “Voyage of Discovery” relating to the procedures of granting the citizenship. Then that “Voyage” was not undertaken, because it is left to the “Investigation teams” and this Court is not going to interfere with it. This is where the “Petitioners” failed.. Couldn’t they have cited the “CASE” already in Magistrate Courts, and sought the “Writ”. We have already seen very many such “Writs” issued where this “Accused” (Goatabya) has been charged in lower courts. Then again, in the verdict, it is stated that the “Petitioners did a “FATAL MISTAKE” of not mentioning “SLPP” as a “Respondent” Isn’t “SLPP” a complete “Outsider” to the case, wherein the “Dual Citizenship” is challenged. The “Petitioners” are concerned of a “Person”, who has not obtained a “Dual Citizenship” properly following the “Procedures”, consenting to contest at an election. Then the “Decision” also rests on the “Timing” of the application for writ. Is there, any “TIME BAR” to apply for a “Writ”? The “Petitioners” have to “search” for all relevant facts and come before courts. The “Time Bar” the courts considered is the “Presidential Election” alone. Why the courts have to take that, “Political” situation into consideration Many such questions, remain to be sorted out in a “Higher Level” and I hope the “Petitioners” will address those issues in a more intelligent manner and seek redress. That “VOYAGE” this Appeal Court did not undertake must be OPENED up and show the President did not act in the best interests of the county’s interests, but simply acted in a high handed manner to “Accommodate” his sibling, that which facility would not have been available to every other person who was waiting to get the “Dual Citizenship”.

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