12 December, 2017

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Exclusive: Full Text Of The Rajapaksa’s Secretive Third Term Supreme Court Opinion

The full text of the secretive ‘Opinion’ obtained by the President to legitimize a potential third term for him, Colombo Telegraph can exclusively reveal today. The full text of the Opinion given by a 10 member bench of the SC has not been made public so far or even submitted to the Parliament.

De Facto CJ and the President

De Facto CJ and the President

On November 11th, the Leader of the House, Minister Nimal Siripala de Silva announced in Parliament that the Supreme Court had given a unanimous opinion that there was not impediment to President Rajapaksa contesting for a third term. 

The Supreme Court on November 10,  communicated its opinion to President Mahinda Rajapaksa on the constitutionality of contesting for a third term under the 18th Amendment to the Constitution.

“Please note that no appearances of lawyers etc or the date of hearing given. It is humanly impossible for judges to write such a long determination in two days” a Judge told Colombo Telegraph.

Click here to read the full text.

Related posts;

Rajapaksa Third Term SC Opinion: Judges’ Dissents Not Recorded And Forced To Sign

Rajapaksa Is A Henahura (Harbinger Of Evil) And A Hora (Thief): Ex CJ Silva

SC Process Shows The Pathetic Situation Sri Lankan Citizens Are Placed: BASL

Rajapaksa Wins Third Term Battle

Mohan Pieris And Nihal Jayamanne Draft MR Questions For SC Opinion

No “In Camera” Need An Oral Hearing: Full Text Of The Bar Letter To De Facto CJ

Mahinda Was Lying In Wait, I Was Waiting For The Opportune Moment: Ex-CJ Sarath Silva

Eligibility For A Third Term: From The Horse’s Mouth

President’s Reference To The Supreme Court

The Supreme Court Cannot Become A Party To A Political Trick: AHRC

Mahinda Rajapaksa Cannot Succeed President Rajapaksa

Imagining That Third-Term

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Latest comments

  • 16
    0

    Evil axis: Mahinda…Mohan….Gota!!!

  • 1
    10

    Sorry, CT am I missing something?

    the opinion seems to be crystal clear and there is nothing controversial, not even a single word in it.

    So what is the point?

  • 13
    0

    Instead of this 28 page missive with spurious arguments to prop up an untenable stance, the Supreme Court could have just said a big yes in capital letters and signed off en-masse.

    That would have been eminently readable without the tedious and isgusting task it has been. We expected a yes and it turned out to be so and we are not judges retained and nominated by MR. However, we had common sense to guess the obvious.
    Do we need a Supreme Supine Court like we have?

    Dr.Rajasingham Narendran

  • 7
    1

    So far the Opposition is playing the chess-game quite well. But, remember, Mahinda is a very crafty man. Right now Rajapaksa must be planning to outsmart the Opposition’s strategy. He might get the Supreme Court to stop the Presidential election by squashing its previous judgement and saying it is illegal for Mahinda to contest for a Third Term. Thus, Mahinda could appear as a true ‘democrat’ who respects the independence of the judiciary, thereby saving his face. Also, he will get two years of ‘breathing space’ to plan his next strategy. By doing this, he’ll be able to put Maithri, Rajitha and others in trouble (limbo) in order to take revenge from them. [The Opposition must be ready to counter such cunning manoeuvres too.]

    • 7
      1

      It is true that Mahinda is very shrewd and he will use whatever method to win this election. Definitely he cannot win this election as it is. I don’t think he will back track this election but he might take some time to postpone the election and put enemies including Mithiri inside the jail or eliminate them completely and put the blame on LTTE. He might create a communal right and use this as an opportunity to show that he is the hero for Sinhalese again. The opposition must cautious and should take precautions to all sort of situations.

  • 6
    0

    When I read this “opinion” it appears that it was not written completely by Sri Lankan Supreme Court Judges but important parts of it appears to have been written by Indian Judges!

    Also this document clearly states its “an opinion”, so any one can petition the Supreme Court against Rajapakse contesting for the third time. The Courts cannot say it will not hear such cases and when the case is taken up by the courts the Presidential election cannot be held until the decision is given by the courts. In the meantime court can be petitioned to stop all election campaigning and with the MPs crossing over an impeachment case could be bought against the President in the Parliament.

  • 2
    0

    During Kings reign, there were jokers called “Wandi Battayas” and “Andaraes” like Charlie Chaplins whose only job is to praise the Kings and to make them laugh and happy.

    Nothing different here on this so called ten “Maha Dena Muttas” opinion.

    Otherwise they could be “Guti Kemata Niyamithai”…….type what happened to Chric Nonis.

    Sri Lanka’s Rajapakse Kangaroo Court.

  • 1
    0

    The bottom pages of the judgement indicates that there are 29 pages. However, upon download only 14 pages appear. what happened to the rest?

    • 1
      0

      All pages are there, check it again.
      best
      CT

  • 0
    0

    MaRa has placed great value on the Supreme Court legitimising his third term. This is like asking the lunatics in the asylum to certify how well the patient is doing. In a recent speech MaRa told his audience the international community have great faith in him as they chose him to Chair the Commonwealth Leaders Conference. No, they didn’t. The Chairmanship is by rotation and the fact was that several nations detested his Chairmanship and they boycotted the conference.

  • 0
    0

    Thank you CT for bringing this to light for your readers.
    Investigative Journalism at its best.
    Also you bring a cross section of articles and views to this site.
    CT attracts over 25,000 hits daily with over 9 million hits a year.
    compare that to like LW 1,025 hits daily with about 375,000 per year.
    shows your readership is thriving even if blocked in sri lanka

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