10 December, 2018

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Fake Prime Minister MR’s Statement On Dissolution “Strange And Misleading”: Lawyers For Democracy

Lawyers for Democracy, issuing a statement, today said former President Mahinda Rajapaksa made a “strange and misleading” statement on the dissolution of Parliament while the matter is pending before the Supreme Court.

“While we are confident that the judiciary of this country, whose independence has been strengthened by the Nineteenth Amendment, will not be influenced by misleading statements of politicians, we nevertheless wish to respond to a number of factual inaccuracies in the said statement that may mislead ordinary citizens not well-versed in matters of the Constitution, especially events abroad,” Lawyers for Democracy said in the statement.

The full statement issued by Lawyers for Democracy is as follows:

Lawyers for Democracy Response to Mahinda Rajapaksa’s Misleading Statement made in the wake of the Supreme Court case

Lawyers for Democracy expresses its serious concern on the attempt by Mahinda Rajapaksa, MP for Kurunegala District, to mislead the country by issuing an unusual statement on the matter of the dissolution of Parliament, while it  is pending before the Supreme Court. While we are confident that the judiciary of this country, whose independence has been strengthened by the Nineteenth Amendment, will not be influenced by misleading statements of politicians, we nevertheless wish to respond to a number of factual inaccuracies in the said statement that may mislead ordinary citizens not well-versed in matters of the Constitution, especially events abroad.

Rajapaksa cites the British constitutional authority A.V. Dicey as having said that if the Crown is of the view that the opinion of the public is different to that of the majority in Parliament, the Crown has the discretion to dissolve Parliament and call a general election. Dicey who wrote Law of the Constitution as far back as in 1885, refers to the dissolution of the House of Commons in 1784 and 1834. But unknown to Rajapakse and his advisors, and this is not surprising, the United Kingdom has since seen many changes regarding the Monarch’s power of dissolution. No British Monarch has in modern times dissolved the House of Commons without the advice of the Prime Minister. In 2011, Westminster passed the Fixed-term Parliaments Act, which lays down that an early General Election shall not be called unless the Commons requests a General Election by a two-thirds majority. An early election will also take place when a vote of no-confidence is passed against the Government unless a vote of confidence is passed within 14 days of the vote of no-confidence, that is unless a new Government is formed and is to able prove its majority in the Commons within 14 days. But unlike the United Kingdom where there is no written constitution, Sri Lanka has a written constitution which has clear provisions relating o dissolution.

Rajapaksa also states that in 1975, the Governor General of Australia sacked Prime Minister Gough Whitlam and called a general election entirely at his own discretion. This is furthest from the truth. Unlike in Sri Lanka, Australia has two Houses of Parliament. Section 57 of the Australian Constitution, if the Senate rejects or fails to pass a Bill that has been passed by the House of Representatives twice the Governor-General may dissolve both House simultaneously. But by convention, he would do so only on the advice of the Prime Minister. In 1975, the Senate had deferred two Appropriation Bills which had already been passed by the Lower House. Prime Minister Whitlam refused to advice a dissolution and the Governor-General dismissed Whitlam and appointed Malcolm Fraser as Prime Minister as caretaker Prime Minister upon the latter undertaking to have the Bills passed in the Senate and that he would advise the Governor-General to dissolve both Houses. Before doing so, the Governor-General consulted the Chief Justice who advised him that the Prime Minister could be replaced in the given circumstances. The Governor-General then dismissed Whitlam, appointed Fraser as Caretaker Prime Minister and dissolved both Houses on the advice of Fraser.

Rajapakse’s says that the Indian President dissolved the Lok Sabha in 1970 and 1979 on his own. This again is utterly misleading. In December 1970 President Giri dissolved the Lok Sabha upon the advice of Prime Minister Indira Gandhi and a request by the Cabinet of Ministers after the Congress Party had broken up. Although it was a minority government, it had not been defeated in Parliament on any question. In 1979, dissolution was on the advice of Prime Minister Charan Singh while the Lok Sabha was in prorogation, again on the advice of the Prime Minister.

What needs to be emphasized is that the constitutional provisions relating to dissolution in Sri Lanka are quite different. Ours is not a Westminster form of government but still a hybrid. The President has no prerogative powers that he may use at will. His powers are limited by express provisions of the Constitution which he has affirmed to uphold.

Lal Wijenayake 

K.S. Ratnavale 

J.C. Weliamuna

Lakshan Dias

Sheath Nethsinhe 

On behalf of 

Lawyers for Democracy

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Latest comments

  • 30
    1

    “….on the attempt by Mahinda Rajapaksa, MP for Kurunegala District…”

    “…well done for not referring to him as the PM..”

  • 29
    2

    This Joker MR has no intelligence to write this up. This is the work of that Grand Liar Peris who first lamented when the 19th Amendment was passed with a 2/3 majority that it is a bad precedent as the President can not dissolve the Parliament. In fact there were some video clips of him lamenting then in the net seen by many I believe. Thereafter he is of the opinion that President can dissolve before 4 and half years, which he argues now. A man who could not read and understand the Law in the first place is now trying to interpret the opposite. What a learned Eccentric he is?

    • 0
      4

      It is not right to use derogatory words or disrespect any one. It reflects the background of such people and the influence on upbringing. Remember Both ,MR and MS are experienced politicians ,who are National Minded as compared to Ranil W, That is the real Truth .All have weaknesses . With this constitution as it is U cannot Take out Executive Power By dimantalling Clauses Without going thru a Referendum The whole conflict arose due to that It was a Joint Govt of two different Visions , National Vs Western influenced Comparatively Ranil is a Disguised Democrat but an Autocratic person, brought up not to be a politician.

      • 0
        0

        SLFP was formed to balance the left and right wings. Which is communism and democracy. SLFP don’t believe either but tries to balance between the two systems. Hence they will never be able to have a clear policy even within their own party.

        Both the systems comes from the west and both have their pros and cons. It’s political lunacy to follow the middle path, unless they develop their own system and provide direction.

  • 15
    0

    These people are enemies of Sri Lanka. These are people who want to gain personal interest out of politics.. If they have an iota of patriotism they would have resigned. All three and some MPS. These public fund looters.. So, they want to fool public.. Public know laws more than these idiots. Public know about constitutions more than any one of these.. MS is greedy for power. Now, he has been trapped in between two evil forces of Sri Lankan politics… Only way out is to rid of all these people. Sri Lanka will descend into unseen chaos if we do not act now.. Right now.. Each days costs millions to Sri Lankan economy. yet, no one cares..

  • 21
    0

    Anyway! The Court of Appeal HAS JUST issued an interim order restraining the functioning of the respondents as Prime Minister Mahinda Rajapaksa, Cabinet ministers, deputy ministers and state ministers. NOW PLEASE GO! NO MORE HELICOPTERS FOR YOU!

    THANK YOU TO THE FEARLESS JUDICIARY.

  • 14
    0

    Weird. How references are -on & off – made to former imperial powers and western colonial masters.
    Usually, they are deeply hated these days?
    But when it suits someone it seems suddenly welcome again, or do we see that wrong?

  • 5
    0

    When a case in the judiciary is on going the media should not encourage any kinds of views. That’s theproper judiciary.
    When a media starts publishing its own views and other interested parties views the case will be thrown out and it becomes null. As the Pseudo Lawyers family should refrain from publishing their vies in diverting the Jurors decision and verdict.
    I have commented on this earlier.
    Diverting the outcome of a case is known a criminal offence.
    On the subject of Vigneswaran is batting for MS/ MR/ RW Combo is very very suspicious.
    Has this man lost his marbles? On issuing statements like that??
    What’s he gaining from the Combos??
    V vV Suspicious. Millions for the Daughter or a family divorce in line??

  • 13
    0

    We currently have a President towards whose election my vote counted. My vote was also against you, corrupt and crude Mahinda Rajapaksa.
    .
    I don’t want you as Prime Minister. Very definitely. Nor am I keen on Ranil Wickremasinghe, but that is entirely my business. I look forward to a younger man replacing all three old men who have outlasted their usefulness: to wit: Sirisena, Ranil, and Mahendra Percy Rajapaksa.. I’m actually older than the first two, although younger than Mahendra.
    .
    Mahendra has so fa had good fortune on his side. The only guy who was sent in to the Law College without having to pass the entrance exam, or cheat at the said exam. (Felix Dias put him in because he was an M.P. below the age of 27.) The son “passed” exams of the Law College with the Principal of the said Law College seated by his side and giving him the answers. Facts!
    .
    Mahendra’s father was a lawyer’s clerk who “fixed” his Proctor boss who was the Legislative Council Representative for Hambantota in one of two ways. I’m not sure of the exact details – will somebody please tell me?
    .
    So three generations of so-called lawyers. But all these legal things are drafted by a brilliant guy turned dishonest, who never went in to Law College, but was a Professor of Law. I mean this guy, of course:
    .
    https://en.wikipedia.org/wiki/G._L._Peiris
    .
    What an incredible set up we have here!

    • 4
      0

      Mr. Sinhala Man,

      Controversal Prof. GLP, I believe should have earned his degree in Law

      please read below:
      Quotes from Wiki:
      Early life and education
      Peiris was born to Glanville Peiris, a diplomat who was the former Director-General of External Affairs and Ceylon’s Ambassador to West Germany and Myanmar and Lakshmi Chandrika Peiris.[1] His uncle was Bernard Peiris, the former Cabinet Secretary. Educated at S. Thomas’ College, Mt Lavinia, he entered the law faculty of the University of Ceylon, Colombo and won the Mudliyar Edmond Peiris award.He won Rhodes Scholarship to read for PhD at New College, Oxford, and graduated in 1971. He also gained a second PhD from the University of Colombo in 1974.[2]
      Unquote

      Anyways for some reasons even Oxford educated GLP has been made knelt down before Mafia Boss Mahinda Jarapakashe.
      I dont mind those flies usually found on Rajakashe excreta heaps, but GLP should long have to see that his subjugeted behaviour would be a greater harm to lanken academics.
      Academics in general earn some specil place regardless of the geographical locations where they are.

  • 4
    2

    After creating a grave situation harming the country.with the blessings of Sirisena, now he says to have general elections to solve the problem.

  • 1
    0

    Suri Rathnapala’s Article gives details of UK and Aussie cases

    https://www.colombotelegraph.com/index.php/comments-on-the-comparison-of-the-present-constitutional-question-with-the-dismissal-of-the-whitlam-government-in-australia/

    In the letter above
    ,” the Governor-General consulted the Chief Justice who advised him that the Prime Minister could be replaced in the given circumstances, …..”
    Sir Garfield Barwick’s (G B) CJ advise was very controversial,
    Sir G B was a partner for the conspiracy of Gough Whitlam’s (G W) PMs Dismissal.
    Read Sir G B’s letter addressed to John Kerr (J K) GG on 10 Nov 1975 underlining to dismiss GW as PM if PM fails to secure Supplies. G H’s Budget was not approved in Senate, and S GB says Senate has same legislative powers as house of reps with one exception of originating or amend a money bill
    Immediately after G W was dismissed, at 1.00 pm Senate approved the Budget at 2.15, which was a broad daylight misleading of Government machinery.
    Also the Epilogue pages 354-357 of The Dismissal by Paul Kelly, he says
    Malcolm Fraser moved from a position of respect for J K to one of
    concealed disdain…..

  • 6
    0

    Hats Off to the brave and impartial judges of Supreme Court and the Court Appeal for upholding the law and safe guarding the democratic rights of us – the citizens of Sri Lanka. Both courts are giving enough time and space for Sirisena and MR to sort out this issue without causing further troubles and embarrassment for them. It’s high time for them to restore the status quo which existed earlier and bring back democracy to the country. Once the order is out, all of them would end up in huge troubles. Through out the world, courts are powerful, and they have give orders against the executives in many instances, when try to take the law into their hands.

  • 3
    1

    The truth is that Rajapakse always a liar, cheater manipulated everything unlawfully by appointing his family and those who paid bribe to do the job. Still majority of the Sinhalese do understand his real face (monster) and fake face (pretend to be patriotic). Still many think that he won the war with LTTE to cheat the people.

  • 3
    0

    Thank you to ‘Lawyers for Democracy’ for standing up for facts over fiction, and for common interest over self interest. I presume you are a group of attorneys of different political persuasions (sorry for my ignorance), who have left aside their political differences to unite towards saving the country at crossroads at this historic moment.

    This makes me wonder where the bloody hell are those wombats running the (in)famous GMOA, who seem to go on strike for everything and nothing regardless of it having anything to do with them or not. Totally missing in action!

    Anyway keep up your good work guys in keeping us informed of the facts of law

    • 1
      0

      It appears that Mahinda and Maithre are being continuously mislead by his advisers. I wonder whether they are being mislead deliberately to disgrace them.

  • 1
    0

    They have a history of killing, corruption, and lying too. No surprise.

    All this hanky-panky to get back power. How greedy can these Rajapaksa’s be?

  • 0
    0

    “The President has no prerogative powers that he may use at will.” Nice to know. Meanwhile he is upsetting the entire country, according to naysayers, causing a mess, financial repercussions etc. He is not to blame since he has no powers.

    Who has, then, the powers? Ranil and his UNP majority in parliament? Is this all about a power struggle between the two? It is beginning to look like it.

  • 0
    0

    MaRa will not know the difference between A.V.Dicey and a DVD.

  • 1
    0

    I don’t care a tinker’s cuss for statements of MR made on the current impasse. He, instead of saying in public that MY3 should have carried on with RW (බැඳගත්ත ‌‌‌බෙරේ ගැසීම) He should have had the guts to tell MY3 the chap who has the majority is RW and not me. On principle, politicians should not be afraid of facing elections even if they are likely to lose. If MY3 now says he cannot work with RW then the appropriate question has to be put to the people to decide. Constitutional pontification by especially an individual like MR is out of place even if every word he utters is true.

  • 1
    0

    Bunjappu.

    Why is GLP kneeling before MaRa? I was a class-mate of GLP for about 10years @ college.
    When he returned from Oxford,in 1971, he went on to become Prof; and shortly afterwards VC colombo university.
    MaRa entered Parliament in 1970 and he was not even a Lawyer then.
    Anyway, Politics makes strange bed-fellows.
    GLP belongs to the upper class; Comparatively, MaRa is virtually from the gutter!
    I would have thought that he would be more at home with either Ranil.W. or CBK.
    A clear example of a mountain stream ending in mud!

  • 1
    0

    You have sat too long for any good you have been doing lately… Depart, I say; and let us have done with you. In the name of God, go! Address to the Rump Parliament (20 April 1653) by Oliver Cromwell.

    Will Rajapaksa send in his resignation without further ado.

    Will Sirisena appoint Ranil Wickremesinghe as Prime Minister since he has proved his confidence by over 121 members of parliament?

    The constitution does not say that the President shall not appoint a person whose looks he does not like.

    What does Sirisena think about him? He is divine and has limitless powers?

  • 1
    0

    Thank you ‘Lawyers for Democracy’ for the background information on statements attributed to MR. Postmortem on statements made by any politician will show that we are misled. That is what makes a politician.
    The recent ‘happenings’ started with the RW-sack. Subsequent developments in a short time frame indicate it was a putsch.
    .
    Let us look at how and why Mugabe was nudged out in Zimbabwe. Mugabe was elected President in 1980 but it is no secret he set about as if he owned the country. Disappearances got more and more common. His trusted hatchet man was Emmerson Mnangagwa who waited patiently to inherit the country. In 2017, Mugabe made it clear that his young wife Grace will lead. Emmerson Mnangagwa who had control of the Armed Services and Police, held Mugabe under house arrest. Finally Mugabe resigned.
    To cut a long story short: The Mugabe removal was a coup d’état. The world did not mind it because everyone loathed Mugabe.
    .
    Getting back to our recent ‘happenings: RW-sack was a putsch and we have had a coup d’état.
    It is ominous but we (in denial??) are calling it ‘crisis’, ‘political coup’ and words/terms like these.
    We must wake up and act NOW so that we do not have repeats of the putsch.

  • 0
    0

    I cannot understand as to why most of the press and electronic media referred to Mahinda’s fake government as a legitimate government, except of course COLOMBO TELEGRAPH. You have done it before the courts could do it. Congratulations!

  • 0
    0

    This bastard is back to his decetful lying hipocritical misleading fake statements. King of crims and robber of the nations wealth is back in the saddle riding modapalas arse. The quicker we rid the rajafuks the better for this country.

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