The abuse of Presidential Pardon is an abdication of the state responsibility to control crime, says the Asian Human Rights Commission.
Chandrika Bandaranaike Kumaratunga
The Panadura High Court judge, Kusala Sarojani Weerawardana, found ten Presidential Security Division (PSD) officers who were accused of assaulting two famous songsters Rookantha Gunathilike and Chandraleka Perera to be guilty of the charges and sentenced them to four and a half years of rigorous imprisonment. The PSD officers entered the living premises of the two famous singers, shaved their heads and assaulted them in the year 2000. The PSD officers did this due to the two singers participating publically at an opposition UNP political rally. The attack on the two singers was political revenge for them participating in the opposition rally. At the time of the attack Chandrika Bandaranaike was the executive president. The Presidential Security Division became notorious during this time as they were used for political attacks on opponents of the government.
On April 11, 2014, the ten former PSD officers were released from prison as they were granted Presidential Pardons. On an earlier occasion, Mary Juliet Monica Fernando, the wife of the Minister of Parliamentary and Christian Affairs, Melroy Fernando, who was charged and found guilty of murder, was also released on a presidential pardon in 2008.
The pardon by the head of the state is done for specified reasons in any country. Such pardon is not meant to forgive persons who have committed serious crimes and certainly not for the purpose of favouring political allies. However, there is no surprise that this kind of thing happens in Sri Lanka as the president does not consider himself bound by any conventions or ethical and moral considerations in the use of his extraordinary powers. Above all, it is no longer considered essential to weigh the impact of such pardons on the processes of crime control. It can be said that crime control is not considered a primary state obligation in Sri Lanka.
A huge list of cases of uninvestigated crimes glaringly speaks of the loss of commitment on the part of the government to stand firmly on the issue of crime control. From around the country there are large numbers of complaints that rise routinely, expressing serious frustration about the failure of the state to deal with crime.
What is disturbing is the message imparted by such negligence which is that the issue of crime control is no longer a priority of the Sri Lankan state. There can be no worse contribution to creating public insecurity than such an impression of the blatant absence of concern for crime control.
Some may argue that this is a matter of no surprise as those who are most closely connected to the government are the criminal elements in society. The government relies on the friendship and the contributions of drug dealers and others involved in illegal businesses. In almost all areas of the country many of the close allies of the government are also those who have criminal allegations against them. This has gone to the extent of the failure to prosecute serious crimes against foreigners that government politicians are alleged to be involved in so as not to disturb such criminal links.
Among the objectives that any government finds most difficult to achieve is the problem of crime control. Any reading into political science of modern times will demonstrate how in the creation of a modern state one of the primary factors that influence things has been the need for state intervention for crime control. In fact, the origin of the social contract theories is usually traced to the need felt by people to protect themselves by agreeing to give enormous power to the state for doing so. The vast development of criminal investigation mechanisms globally and the associated development of the court systems have revolved around the achievement of the primary objective of crime control. It has been a primary realisation that if a state fails to control crime it will itself become a victim of criminal forces.
One of the results of the introduction of the executive presidential system in Sri Lanka was the granting of the exercise of power without any responsibility and accountability. The president’s capacity to stand about the law and all accountability processes has come to a point when the state can abdicate its primary responsibility of protecting people from crime. The Sri Lankan government is preoccupied with only one objective and that is the protection of itself. For this purpose the governments ally themselves with anyone including the criminal elements.
For this very reason the state is unable to take firm action against those who abuse state power such as these officers who abused the power of the Presidential Security Division. Even when the court finds such officers guilty the president grants them pardon. Thus, the impunity is guaranteed even against court orders. What this means to the ordinary citizen is that he or she will have to live in a bewildered state having no one to protect them from criminals?
*Statement by Asian Human Rights Commission
Thiru / April 15, 2014
They all encouraged lawlessness from D S Senanayake, who evicted Tamils from Amparai and Padavia with impunity, to Rajapakse who committed genocide of Tamils; and his disregard for law continues unabated.
Sinhala leaders from independence in 1948 have proved themselves incapable of nation building, or even protecting all the citizens impartially.
No wonder the international community has to intervene to bring sanity to the rulers of modern Sri Lanka.
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Roos / April 15, 2014
You can pick things for individual advantage. Sinhalese were evicted from hills and settled the Indian Tamils there by the British. Northern Tamils were favored by the British in their divide and rule policy. How many Tamils were there in Paadviya and Ampara ? That was thick jungle before Senanayaka samudra ya was built.
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Lasantha / April 16, 2014
Roos,
It is only due to Indian Tamils and the British you drink your cup of Tea every day. Also Tea is still our major Foreign exchange earner. These were bare Land and no Sinhalese were evicted from the Tea Plantations. They still live in their Land.
These Indian Tamils Labourers who British took to East Africa and Caribbean to grow tea and to build railway lines are today doing very well. Many of them are doing Business, traders, Teachers,Professors, doctors, government servants and even Ministers and Prime ministers. Indian Tamils are also doing very well in Singapore,USA, Malaysia,Hong Kong and South Africa.
You just keep on Barking Indian Coolies, Padawiya and Jungles. That’s all you know.
Keep on Screwing the country and Blame Sudda.
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noel-jones / April 16, 2014
Lasantha, How come those upcountry lands were bare when British conqured SL. It was thick jungles even elephants roaming and British clear it’s off for tea cultivation. British chased away the Sinhalese lived that area’s because Sinhalese rejected to work under British. Yes we drank tea after buying it and not for free. It doesn’t matter who grew it and or pluck it. When we compared the the destruction of virgin forests, soil erosion and the chemical fertilizer and pestcides used for the last 175 years, and the etnic problems we face today because of these coolies, it’s better we would have import tea and drink from some other country.
Ampara is also the same. When DS start the Galoya scheme there were not even a proper road to Ampara. It was a thick jungle.
If Indian tamils do good in the countries you mention here take the rest of them from here to there. Or even to Canada. Harper is pretty happy and allow them to settle down because his voter base increase tremendously. And Harper can use the 10 million Dollars Canada withheld now which is earlier plan to fund CommonWealth.
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Lasantha / April 16, 2014
Noel Jones, and Roos,
Atleast British cleared the forest and grew Tea which is nature friendly and helpful to the environment and protect soil erosion.
If you think that Tea Plants destroy forests, then go ahead and destroy TEA plants and re-plant forest trees. That will be better than blaming Sudda. Also you could do same to Paddy fields and Vegetable plantations also as they too destroy forests.
Yes, stop using Chemicles and pesticides on Paddy fields and Vegetable Plantations as they too use them. Where do you see we have ethnic problems in up-country. Don’t talk Bull shit.
It is only in North and East, where the Tamils are natives in those areas for Generations.
How about Building Airports, harbours, cricket stadiums while completely distroying and erasing forests for life, when they are covered with Thick Concrete. Remember these are virgin forests and virgin soil which never been used for agriculture.This is clear Murder of Nature in Hambanthota.
How about building Hotels, Luxury houses, 18 Airports in thick Jungles while chopping Trees. Now new Airports (17t and 18th) are building in Kandy and Nuwara Eliya clearing over 2000 acres of forest. What for……when we have choppers and better roads.
The bottom line is Sinhalaya makes “Kabara Goya” Crocodile a “Talagoya” when he wants to eat it……and “Taagoya” a “Kabara Goya” when he wants to destroy it. That’s the difference.
You still need foreign exchange if you plan to import TEA. Next to TEA our foreign exchange comes from ME Labour. Yes ME slave Labour.
Actually In Caribbean and East Africa, Tamil labourers are now doing much better than our Plantation Tamils. That’s the truth.
Sri Lanka’s Sinhala Politicians who run the country do not have a Vision. They are dis-organized and dis-oriented and they are blind. They even don’t know who to solve a simple issue when USA and West have all the ethnic groups in World living in those countries, and live in harmony.
FYI.
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Roos / April 16, 2014
Don’t get hurt chum. Indian Tamils in Singapore ,Malaysia, Sri Lanka some are doing very well. The wholesale market in Colombo is controlled by them. There are top govt servants too. But in all countries there is the other side. Recent incidents in Little India in Sarangoon in singapore is a case in point. In Malaysia there are men who are at plantations and maximum they can get is to be a cab driver. There is nothing to talk about east Africa and Caribbean there nay be a handful who are doing well.
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Palmsquirrell / April 17, 2014
Tamils were not favored by the Brits, because it is not Tamils’ fault the Sinhalese weren’t interested in availing themselves of Western education.
Sinhalese ethnically cleansed and genocided the Veddah from most of Ceylon. Soo much soo that there isn’t even a distinct Veddah language anymore, only certain phrases and a substratum in Sinhalese and Veddah speech.
Estate Tamils were the major demographic who toiled the fields to develop Sri Lankan economy, and yet Sinhalese ethnically cleansed many of them.
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Crazyoldmansl / April 15, 2014
ALL of them are rotten to the core!
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Thiru / April 16, 2014
The day they got independence the rot started and continues to date with the society fully corrupted too!
2500 year old civilization had decayed to the core with mass killings, rapes and more.
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Ben Hurling / April 15, 2014
Agree with AHRC.
Pardon of CBK’s “Criminal Gangsters in Unifrom” is abominable.
A reminder that MR & CBK are from the same stinking, rotten, political culture in Sri Lanka. They are the same. No difference.
If you think, we can move SL forward by bringing CBK back to the corrupt throne of SL, please think again. Nothing will in fact change. A new set of cronies and henchmen will be installed by CBK. Then busienss as usual.
Cheers!
Thiru, Would things be any different if we had Tamil leaders only in SL? Why is Tamil Nadu even more stinking than SL then? Food for thought.
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sama / April 16, 2014
You are your ilk seem to have a personal grudge against CBK.
If CBK´s administration was corrupted, you would not find words in dictionaries to describe the gravity of corruption of current rule that has exceeded all margins.
Believe or not UNP*Rev.Sobitha thero*CBK*few other political opponent*non-political organisation will have the power to topple MR regime in next elections.
In today´s context, everything can be planned well, while CBK´s terms it was not possible. So given that, if your comparision would go on, it is like based on orages and apples.
Facts and figures as they are – CBK was able to give people (that are struggling for their day today survival) a greater relief, even if war was at its height at her terms.
Please think twice, if you have two devils, you would have to support the less evil one. Right now, the situation has reached to the levels, that CW countries would decide against srilanka soon.
So the danger before the country (possible eonomic sanctions)will be reality.
Ben, and the people of your nature – please rethink.
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Palmsquirrell / April 17, 2014
There is far more freedom in TN than Sri Lanka. Situation for Minorities and press freedom in TN is far ahead of Sri Lanka.
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Thrishatha / April 15, 2014
Given my great impression about the moral values of the current president, I bet he gave this pardon on a firm commitment by these criminals not to do such criminal activities in support of the president again. In particular, I bet he got them to promise not to get involved in any criminal gangs who claim to be affiliated with the UPFA political agenda to physically harm opponents (note claim to be).
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Wickramasiri / April 15, 2014
These guys will now do any dirty work for the President won’t they?
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Ben Hurling / April 16, 2014
Yep. Not only that though.
The released thugs who used to wear Sri Lanka law enforcement uniforms carry with them a lot of CBK’s dark secrets. I would presume.
MR would control CBK through these pardoned criminals. Modus Operandi of our current head of state.
Stuff for yet another God Father film.
Cheers!
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Samuel / April 16, 2014
I often respect your comments. But read attacking CBK this way is not at all acceptable.
As Sama and few others added it, you should compare today´s situation closely. Then many would realize CBK´s adminstration was 100000000000000000 times better than that of current one – that lost almost every country in the lately held UNHRC sessions. Besides, people´s grievances were focused by her govt much better than the current man, people´s expectations of today´s situaton are comparable to the torments of tantalus, people seem not want to risk their thoughts, people are in fears, specially educated ones. The rulers abuse the very same people again and again. How many of them were able to celebrate the new year these days ?
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Liberal One / April 17, 2014
Only real achievement of CBK was giving life back to the free education system. Other than that what was her achievements? She nearly sold north and east to the separatists, luckily Prabakaran needed more. We had power-cuts during her period like in South India and worst the only negative GDP growth period in our entire post independence history was under her.
If people were better under her than today all you have to do is bring her as the common candidate, with UNP, SLMC, Fonseka, TNA and western governments backing her.
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Anton Perera / April 18, 2014
She must not govern the nation, she should only support leberating the country from the MR and thugs. Coalition of UNP, CBK fraction of UPFA, JVP, DP (SF) and senior professionals of the country, academics and non-govt boddies should rally round to restore democracy in the country not allowing Rajapakshe oligarchs to allow looting the nation to ruins. They are born rasacls – there are all evidence before us to group them as thugs but nothing beyond to this day. IC is makin every effort making our nation a brutal one, just because of the outer cover of the book which is the current regime is seen brutal – day to another, the picture among almost everyone is turning to worst. Today looking at the manner, they treated that highly decent Ajith perera and UNP canddiates yesterday, I feel, tomorrow we the general public will be harmed by those thugs or thugish groups under the direct mediation of govt sections. They dont have a vision at all.
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Mithraseeli Wanigaratne / April 19, 2014
I think you were not born yestreday, or may not be that you and the ilk spend entire years before 2005 in intensive cares as the paitents waiting to wake up from their long stay comma.
If Kadirgamar of previous govts had not succeeded getting LTTE activities banned on rich soils (almost in every continent by his assasination), nothing like elemination of LTTE in srilanken terrirtories would have been achieved. Great son of the lanka -late Mr Kadrirgamar was not in national politics before CBK´s terms. She was the person to have pursuaded him to join lanken national level politics. Not only LK, but several other personalities worked together with him making every efforts getting the LTTE political leaders to discussion table. And not forgetting, the 89 insurgency that took the lives of over 50k youth particularly southern and other provices arocss the country, created a terror state to that point of time (late 80ties to early 90ties),there, CBKs administration managed to restore peace recoving the anachial states of the island. I still remember how hard it was specailly for the uni students during that brutal time of the end of Premadasa Regime; this alone me to feel, that no more premadasas should be brought before the nation. That would be far worst than the current situation. SO only hope of the nation would be Ranil wickremasinghe or CBK. CBK should have learnt a lot from her failures. Unlike the bugger in current adminsitration, her external affairs were intelligently mannaged. That was the reason many of those countries that are now against Rajapakshes to have donated unblievable amounts of funds to recover the nation from Tsunami catastrophe. Our people lose their memories as if the fed dogs would bite back, our people should come to conscience.
A heterogenous coalition somewhat similar to the current UPFA but not with all harmful consituent parties, would surely be powerful to defeat UPFA in coming months. That is for sure. All righ thinking, intelligent educated masses should support the oppostion to work on that. May the country be free from RAJAPASKES
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bigballsyndrome / April 15, 2014
Regime’s profusion of lies about new ‘LTTE’ exposed : murdered ‘LTTE ers’ were in Kokavil army camp – State media contradicts Army
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(Lanka-e-News-13.April.2014, 5.00 PM) According to high rung army officer , the government proclaimed new LTTE leader was a youth helping in the cooking of food for some time at the Kilinochchi Kokavil camp, while the other two LTTE ers were assisting as laborers in the camp. By now it has come to light.
you can not fool all the people all the time ha,
| Latest news from Sri Lanka in …
April.2014, 7.30AM) Sri Lanka Working Journalists Association is disturbed by the … and Civil Society organizations writes to MR regarding BBS latest traget.
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Park / April 15, 2014
Pardoning these individuals is a ploy of the Rajapakse regime. By pardoning the regime would have got an undertaking of these individuals to support the regime if they decide to bring Chandrika on some charges in front of the courts in the future if she contests as a common presidential candidate.
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noel-jones / April 15, 2014
AHRC, Your organisation knowingly or unknowingly misguiding viewers here. The persons who made the complaint[Rukantha and Chandralekha] against these PSD officers, request from President Rajapaksha to release them because they were not the real culprit. The real culprit is the person who gave the order to carried out this drastic action and it was nobody but notorious former corrupt President CBK. She is under Presidential immunity and there is no provision to file a case against her within SriLanka.
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Wickramasiri / April 15, 2014
noel-jones, The President has no right to release these persons after they were convicted by Court, even if the aggrieved party makes a request. We do not know whether Chandrika or some one else gave the order. The people who did the act were convicted. That is all that matters.
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noel-jones / April 16, 2014
Wicramasiri, How can you say President has no right to release a person who convicted by court. It is in the Constitution since JRJ’s time. Who the hell giving orders to PSD except the President? I know you are a ass kisser of CBK.
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Wickramasiri / April 16, 2014
noel-jones, The way you responded shows who the true arse licker is. Constitutional provisions are meant for leniency and magnanimity in respect of minor offences, not for serious cases such as this. If the President is the arbiter of all, we do not need laws. We only need to befriend the President. People like you are the curse of this country and the reason for lack of justice and the rule of law. You are bloody immature aren’t you?
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noel-jones / April 16, 2014
Wickramasiri, Your comment shows who is ignorant and who the real [Edited out]. This incident happened during Satalites tenure. What did she do about it. Arrest the PSD men and put them in Jail or dispel them from the Police dept?. No she gave them promotions.
Talk about former President’s immunity man. Why constitution grant immunity to retired President’s ? If there is no immunity satalite is going to jail. She is the real culprit of this case. The complaint told that publicly. Why did not you talk about that. You want to hide that fact. That’s why you and the rest only talk about the release of PSD men by MR. You avoid the real issue man. Because you are the real [Edited out]
of Satalite.
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Wickramasiri / April 17, 2014
noel-jones, Read my comments again. What makes you think I was defending Chandrika? I was only criticizing Rajapaksa’s action in releasing these criminals. Why is it that you misunderstand plain english despite possesing an english name? And why the necessity to use invective? Is it to intimidate and bully those who disagree with you? Go fly a kite. Is that your education and upbringing? Better correct yourself now without working yourself up to be stricken by a heart attack for no reason.
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Jayantha / April 16, 2014
Wickramasiri,
I don’t think Chandrika has to do anything with the release. Pres.Rajapakse is Chandrika’s enemy no One.
Read following news webs.
http://www.rnw.nl/english/article/sri-lanka-heading-towards-a-totalitarian-state
http://dbsjeyaraj.com/dbsj/archives/29337
Looks like these guys would have taken back as PSDs.
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sama / April 16, 2014
Jayantha,
I happened to read that Maithreepala sirisena is sending some hints to the nation these days resounding that his parents were strong UNPers. Some UPFA parliamentarians are said to be silent as no times in the past. Some fractions that joined current regime breaking away from UNP believe hour of the need is to go for constitutional changes and turn the current brutal administration into a state where more democratic rights are safeguarded. So all these give us a clear sign the gravity of problems that UPFA outfit seems to have.
Latter should be stronger than that of UNP though the opposition is repeatedly being attacked by rulers.
I have no doubt, change of govt will be a reality in next national levels elections.
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Jayantha / April 16, 2014
Sama,
Yes, I agree with you. Cracks in the Family Dynasty is appearing….and appearing fast.
MR pardoning these PSD criminals now (and not before) when he herd Madam CBK planning to come back for politics shows his Fear towards her. He knows he is going to loose next Presidential elections badly, where now all the Opposition Parties are united to Topple MR regime.
MR controlling 90% of the Budget, Jailing Gen.SF, Impeaching CJ Shirani B, Weliweriya Massacre, Ethenol, Drugs, Cocain imports and now Casino and BBS Gnanasara has divided the UPFA house with MR/Gota/Basil/Chamal/ Namal/Mervin and very few on one side and the rest of the UPFA on the other side.
Now MR might be looking to Run the country with Thugs and criminals. He also released some Criminals from Prison recently.
International pressure is mounting and things are not looking good for the country and UPFA MPs.
MR’s days could be numbered. It’s time to jump over board from MR’s drowning ship.
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sama / April 16, 2014
No rich western countries perhaps except Belarus (far cornered countries in Europe) or Swaziland will be ready to offer him asylum. The days ahead us will show us his downfall. Lanken consititional amds should be made in order to nationalize any kind of illegal properties grabed by Rajapakshes and any leader that would be the next. Jvp and all other opposition will agree with that while abolishing EP within first 6months of interior period of the elected Govt.
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JimSofty / April 15, 2014
I think CBK made a political statement about religious freedom because she wanted this thing to happen.
That is CBK wanted her goons to be saved from prosecuting during the Rajapakse era.
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Rev.Devil / April 15, 2014
Late Neelan thiruchchelvam, late Lasantha Wickramathunga…..and CT….are …still….our hopes for a world of natural justice…Thank you warriors for your unending fight for justice.
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Safa / April 16, 2014
Probably a deal is done with the goons to reveal all regarding CBK. This is to prvent her from standing as a common candidate. Await further revelations in the Laptop Press.
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lex / April 16, 2014
MARA & CBK are a birds of the same feather
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Saman / April 16, 2014
But the Bandit Queen will come back with Vengeance and MR is shivering.
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Desperatethoughts / April 16, 2014
CBK should make a coalition with breakaway UPFA (Sirisena fraction)+UNP+SF´s party, Tamil parties. JVP will support them as a single party since they have denied to join hand any big parties inthe future. Within the next 6 months, hates against Rajapskshe will grow across the country – no doubt about that; reason has been, IC has been putting pressure on Srilanken regime ascending from the UN resolution passed against at the end of last month.
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Jayan / April 17, 2014
There is no doubt that MR regime is rotten to the core with corruption. And worse things would happen if Basil / Namal comes to power. People of this country is well aware of CBK’s presidency. She didn’t amend the constitution when she was in power, claiming lame excuses. Who will believe this woman, “the mother of all lairs” will amend the constitution? We need some one non-political person to contest in the next presidential election and get rid of this wicked Presidential System. Only person I can think of is our Ven. Maduluwawe Sobitha Thero.
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