26 May, 2019

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Dissolution Invalid: Supreme Court Issues Historic Order Allowing Parliament To Meet Tomorrow

In a landmark order, the tripartite bench consisting Chief Justice Nalin Perera, Justice Prasanna Jayawardena and Justice Priyantha Jayawardena stayed both Gazette notifications issued by President Maithripala Sirisena proroguing and dissolving Parliament.

The Gazette dissolving Parliament was stayed till the 7th December while the case was fixed for argument on the 5th, 6th and 7th December.

Meanwhile, the Gazette convening Parliament on November 14 will stand active, which means Parliament could be convened tomorrow.

The three-judge bench gave the order after considering submissions made by all petitioners and intervening petitioners on the President’s decision to prematurely dissolve Parliament, despite strong constitutional barriers imposed by the 19th Amendment to the constitution.

The Janatha Vimukthi Peramuna (JVP) Parliamentarians also met Speaker Karu Jayasuriya, soon after the order was issued, urging him to convene Parliament as soon as possible.

More stories loaded.Speaking to media from the Hulftsdorp courts presses, UNP Deputy Leader Sajith Premadasa said Parliament could convene even tomorrow. He requested all UNPers to refrain from resorting to violence and maintain law and order. Meanwhile, informed sources told Colombo Telegraph that Speaker Karu Jayasuriya is currently preparing a statement on convening Parliament tomorrow.

UNP Leader and “ousted” Prime Minister Ranil Wickremesinghe informed his Parliamentarians that he was ready to show his Parliamentary majority at any time. He also told them to “get ready” to attend Parliament tomorrow.

Commenting on the order, UPFA Parliamentarian Namal Rajapaksa said, “SupremeCourt has issued an interim order. This is not the Court’s final decision. I have never seen politicians get so excited for postponing elections. The UNP have a history of postponing polls but eventually voters will decide.”

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Latest comments

  • 2
    0

    Interment injunction of that dissolution of Parliament suspension on conditionally and relatively by that dissolution valid until verdicts will given on 7th of December 2018.
    In between that there is no way of revival or reconvened the Parliament been granted by Supreme court judges time of suspension of dissolution that case is pending that hearing during such a period!

    The restoration of UNP- Ranil Wicks’s cabinet or his Premiership null and void until case hearing by S… Court
    And the power of govt. of UNP is out of order which has nothing do with ongoing interim injection verdict enforce by SC decision today.

    The removal of RW and his cabinet still in force by President gazette notification on 26st Octemeber 2018 is in effect.
    UNP-leader of RW and his position of Member of Parliament no longer in function or valid an according to Republic Constitution.

    How can that be RW that without member of Parliament attempted to show his majority in Parliament .
    Eventually how is that Karu Jayasooriya remain as Speaker of House? All these are political agitations and its myths of politics of UNP to misled millions of voters of Island???
    On what ground that Parliament dissolution is in effect?
    The President order dissolution of parliament is guided according to the clauses of constitutional obligations. The constitution is one and only guide-line function of state authorities that is headed by President of MS.

  • 3
    2

    I do not see a reason for jubilation over the judgement, To me, the SC has doused some icy water over the surging flames. When the parliament meets in the House a lot of fireworks is bound for an angry and colourful display.

    After some more horse trading and a lavish flow foreign black currency on the political stage we will know whether China or the rest win the’ Sri Lanka cup ‘.

    • 1
      0

      Solution is to shut down the Parliament of clowns as it is a Cesspit of corruption led by Bondscam Ranil and Mahinda Jarapassa family who should ALL share a Prison cell with their cronies, Ravi K. and the Royal college thieves, Malik, Hashim, Eran, Harsha, Nivard Cabraal etc.
      Sri Lanka does not need these dirty, corrupt politicians that have been asset striping the people’s wealth. Let the administrative structure run the country until a new election is held.\

      Alternatively, Saith Premadasa should be PM till elections are held.

    • 1
      0

      Mano I agree with you and you are correct. This blooming SC is not a reliable check on balances at all in this corrupted and toxic system. Until we have laws to incinerate or hang any politician including the President, PM or anyone fully accountable and hang them for national treason, these blooming idiots will continue in this path of mayhem. This country has gone down the sewer to the point of no return. This is worse than draining the swamp. But I truly salute those like Professor R Hoole who stand bravely in the way of this tyrants and thugs that try to hijack our democracy. Also, my admiration to those like the PC’s (attorneys) like Kanage Iswaran, Sumanitharan, Hisbulla and others for their support. The battle by no means is over. I only hope this would not go for a blood bath in future if the military would in anyway intervene. This is our main fear at present.

  • 5
    0

    RW is also responsible for the situation, he should correct himself and be a good leader.

  • 1
    7

    In Comparson to MODA RANIL, this is how people alue Maithripala Sirisena. HE showed he is better than the Want to be – Almighty Mahinda Rajapakse:
    I have said some nasty things about Sirisena in the past including in articles published on lankaweb and still stand by much of what I said. But, it is difficult not to admire Sirisena. He is a clever, clever man. As far as I am concerned, he is the cleverest and boldest politician in Sri Lanka at present, perhaps ever. Watching him in action is like watching a great athlete—say, someone like Ali, Jordon or Michael Phelps—in action: one watches for the sheer beauty of the performance. Bravo Mr. President! Give ‘em hell!

    • 1
      0

      JD/ Jimsofty?
      You seem to have found a better dictionary and a keyboard.
      Or are you another duplicate?

  • 5
    0

    Rajesh
    JR during his early years of governance made crossing floor of the house illegal, if one does so, he ceased to be a MP. It was CJ Sarath N Silva overruled that and made it legal to cross over again. Even after so many years lapsed since he retired from the high Office, he still tries to weigh in with his opinion, as if it holds any water!

    • 1
      0

      The abuse of people’s mandate by MP’s switching to rival parties should be prevented.
      An entrenched clause should be incorporated into the constitution to prevent such breach of trust.
      The law enacted for ensuring that should require the particular MP to resign and recon test the seat by going to the polls in the constituency he was elected from.
      That is the best way to safeguard the the interests of people who are qualified to fate.

  • 3
    0

    Many predicted the same including me on Colombo telegraph.
    Everyone in the parliament got what they wanted, while our economy went from bad to worse. The decision was delayed to support the confusion.

    MS and many others got enough money. MR got his family out of danger by dismissing the files and the court hearings. RW got The SLFP devided to fulfill his dream job.

    We as a country got more devided, helping the top to easily control us. Many religious leaders showed their biased views and destroyed the platforms they are built on.

    The hope of one nation is running away from us. It won’t be long before the international public, instigate another issue fuelling our differences.

    No hope without one nation. No future while we live in the past.

  • 1
    1

    plan A-sack ranil
    plan B to prevent failure of planA-dissolve parliament
    plan C to prevent failure of plan A and B–???????????????

    answer-take a big home grown manioc and hit ranil on the head

  • 3
    0

    This attorney General is a damn fool and a shame. Either he also passed the law exams like Namal Rjapakse, or he misled My3 for a few favours not wanting to upset the President and gain his anger even lose his job, knowing quite well the what is right. Either way he is a NOT fit for the job and should be sent into oblivion.

    It is very clear to every one that according to the present law Parliament cannot be dissolved before 4 and a half years is over. Even my nephew who is in the grade 9 knew this! If the AG cannot have the brains to understand that certainly he must be investigated how he passed the OL, AL and law exams . He seems to be having learning difficulties and must be checked by a doctor.

  • 3
    0

    If the supreme court stayed both gazette orders one to Prorogue and the other to dismiss parliament what do you think was in the minds of the Honorable Judges? I think we should not assume that they are waiting for the bribe money to arrive in their bank accounts as some in desperation who wanted to bring back the scoundrel seem to think. This is a momentous judgement that establishes precedent for the future. They need time to write their opinion and make it count and stand up not just for this situation but for future situations. That is the more probable reason for the stay. If you think they are going to came back and reverse course then you are insulting the supreme court of Sir Lanka.

  • 3
    0

    srilanka stlll has hopes. thanks to thehistoric, heroic and brillient performance of the supreme court. it is important to note SL tamils indian upcountry tamils and muslims got together with democratic national parties to safeguard democracy and upholding yje Costitution.
    -sayal

  • 3
    0

    So this was Maithripala’s ‘anthima thurumpuwa.’ Joker.

  • 4
    0

    Latest dispatches from the Kremlin say Putin has ordered his foreign ministry officials not to pay attention to the unsolicited advice provided by DJ on Russia’s security matters any longer. It is understood Putin made this order after witnessing DJ’s boss, Sri Lanka President Sirisena, goof up the country’s affairs.

  • 2
    0

    Prof have you thought about a neurological exam. Dementia does cause memory and cognitive deficits irrational thinking,paranoia and personality changes. Just a benefit of doubt????

  • 0
    1

    Nimal Wijetunga’s observation is correct. Indeed even the media is crowing about a victory of petitioners when all that has happened is that time has been given to fight another day. It does however pave the way for Parliament to meet and restore the status quo ante and then take a floor vote against 2pm subject to observing due House procedure, of course.

  • 1
    0

    plan C-referendum

    Plan Z-hara kiri

  • 1
    0

    my prediction was correct
    they will try to disrupt proceedings
    the unp should be aware of it and take counter measures next time

  • 1
    0

    Where is Kehelirambukwana who. Is the official speaker??? Instead vazuwa and wimalaya is talking

  • 1
    0

    How can this man RW says this when Courts had not issued any type of order except the injunction on the gazette or leave to proceed. How did this man become a lawyer and a law student in the first year knows about these legal terms

  • 1
    0

    Three happenings were RW sack, MR appointment and then the dissolution.
    If one revisits the incidents, commonsense reasoning will lead one to conclude that MS was looking for a certain result. (One has to acknowledge that the dissolution probably averted a blood bath.)

    The three constitutes a coup d’état in which there were no guns and/or any bloodletting.
    .
    The SC verdict is for the plea that the dissolution was not legitimate. This tacitly implies that it was not a coup.

  • 0
    0

    Politicians must realize, This is a sacred land in which the first Representative of The God of Abraham descended upon, (According to the Traditions of all Abrahamic faiths-All Christians denominations, The Muslim from. All sects The monotheistic faith of Bahaulla – The Bahai, The Ahmedyas, and The kojahs)

    And The land that was visited by The Most noble Buddha and to date the scriptures of all Abrahamic faiths-Are are read and praises are recited and The powerful sutras of The Noble Buddha is chanted and The Vedda mantras of The great and the most ancient scripture of God is recited.

    If any politician think they can do whatever they want continually they are mistaken, the Universal power will not let The land of God, Buddha and The Veddas anymore . Injustice .

    The message to every single politician of Sri Lanka

    Be just to The land and The people,

    People are The legal Custodians of This land, politicians are appointed men. And women by the people to serve. (period)

  • 2
    1

    If the power goes to the parliament, there will not be any entity to control the Provincial councils.

    In that case, if they repel Executive Presidency, must repel 13th Amendment as well. Otherwise, Orumiththanadu will come.

    My proposal is to repel both 13th and 19th amendments totally and strengthened Executive Presidency.

  • 2
    2

    Do not worry as dissolution of parliament will be confirmed as constitutional by the SC on the 07th Dec 2018.

    In the midst of Bank Robberies, corruption, steep rise in cost of living, Samanala Sandavaniya, Orumiththanadu, delay of corruption bill, Heavy tax burden, other detrimental matters to traditions, customes of Sri Lanka, Selloing of public properties and making available all lands to be purchased by foreigners, detrimental trade pacts, delay in all type of elections, Sri Lankan masses do not want the UNF Government and instead very much prefer a General Election.

    Dissolution of Parliament and called for General Election by President has given the opportunity to people of this country decide up on their future and electing a government of their liking where peoples power is sovereign and above all even the SC as well. Therefore, in all context, whatever done by President is correct.

  • 2
    3

    Do not worry as dissolution of parliament will be confirmed as constitutional by the SC on the 07th Dec 2018.

    In the midst of Bank Robberies, corruption, steep rise in cost of living, Samanala Sandavaniya, Orumiththanadu, delay of corruption bill, Heavy tax burden, other detrimental matters to traditions, customes of Sri Lanka, Selling of public properties and making available all lands to be purchased by foreigners, detrimental trade pacts, delay in all type of elections, Sri Lankan masses do not want the UNF Government and instead very much prefer a General Election.

    Dissolution of Parliament and called for General Election by President has given the opportunity to people of this country decide up on their future and electing a government of their liking where peoples power is sovereign and above all even the SC as well. Therefore, in all context, whatever done by President is correct.

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