20 October, 2017

Great Betrayal Of The Peoples’ Executive Power And Judicial Power

By Nagananda Kodituwakku –

Nagananda Kodituwakku

Nagananda Kodituwakku

Both the Executive President Mr Mahinda Rajapaksa and Mr Mohan Pieris appointed to the office of the Chief Justice have taken oath as required by article 32 and 107 and Fourth Schedule of the Constitution, to perform the duties and discharge the functions of their respective Offices and to uphold and defend the Constitution of the Democratic Socialist Republic of Sri Lanka to the best of their ability.

The whole nation is fully aware that Mr Mohan Pieris was appointed to the Office of the Chief Justice by the President Rajapaksa, when there was no vacancy existed in the office and by forcibly denying the incumbent Chief Justice, Dr Shirani Bandaranayake of her right to perform the duties of office of the Chief Justice. In short Mr Mohan Pieris should have been fully aware that accepting the office of the Chief Justice when there was no vacancy was clearly a violation of the law and in the given circumstances any oath or affirmation taken to uphold the office of the Chief Justice would become void from the beginning and thereby any decision made by him or by any bench appointed by him would have no legal effect at all. They are bound to be declared invalid once the Rule of Law is restored in this country and hence the billions of taxpayer’s money spent on the Supreme Court during his period would go waste.

Contesting for 2nd term of the Executive President

The People of this country are fully aware that President Rajapaksa did utter no word during his election campaign for a second term, seeking a mandate from the people to amend the Constitution, enabling him to contest for a third term. Therefore enacting an amendment to the Constitution (for a third term), which only provides for two terms in office under the previous law was not only unlawful and but morally a wrongful act on the part of the President and amounts to violation of the oath taken in terms of the 4th Schedule of the Constitution.

Declaration for Presidential Election well before the end of term in office with intent to contest for a 3rd time

Mahinda Mohan PThe shelf life of the office of the President is still two more years from completion but the President calls for an election with a great craving for reelection. And there are many arguments against this move on the basis that President cannot contest for a third term as he has been elected under the previous law which permits only two terms with no expressed provision in the amendment, accommodating the one in office also to become eligible.  This argument is simple and straightforward and there is no ambiguity at all about the retrospective effect of the 18th amendment in the absence of expressed provision in the amended law providing otherwise. And on the other hand there is no question of law arisen, which is of such public importance to obtain the opinion of the Supreme Court, whereas the issue raised is purely concerning the interests of an individual.

Insulting the intelligence of the people

Yet, having doubts about his eligibility, President Rajapaksa has resorted to abuse the provisions of Section 129 of the Constitution that is meant to be used in matters concerning national importance and not on any particular individual. Relying on this provision of law the President has sought the opinion of the Supreme Court on 05th Nov 2014 and already the President himself and several of Cabinet Ministers have expressed their confidence in ‘the would be ruling’ and challenged those who oppose the move of the President to go before the Supreme Court.

The Registrar of the Court has now notified the Bar Association about the President’s reference and called for only written submissions, if any, on the matter before 07th Nov 2014, which would be decided by the Court in private.

One can clearly argue that this act by the Supreme Court clearly amounts to be a betrayal of the people’s judicial power as the Judiciary of this country exercises people’s judicial power on trust and not the judicial power of the executive president in office.

This hasty decision making, denying a fair opportunity to the people, becomes more serious as there is no urgency whatsoever and not even a date for such an election has been declared yet by the government. The President of the Bar Association, Mr Upul Jayasuriya says that the ‘hearing’ on the matter has been concluded in a double quick time on the Presidents reference.

In this background the only hope for the people is that a future government would take corrective measures to restore the rule of law and good governance in this country and would take measures to deal appropriately with those who continue to abuse the Executive, Legislature or Judiciary Offices for improper considerations.

It is prudent to every Statesman to learn from the history. For instance, Adolf Hitler reestablished the pride of Germany as a nation after the World War I. And if he had ended his political career or died before 1939, (before the World War II), he would have been admired and respected as one of the greatest Statesmen in the German history, but endless craving for power brought him down from a national hero to zero. The living example is Burkina Faso where the Executive President had tried for a third term and finally had to flee the country to save his life.

What the President of Sri Lanka should contemplate is that he should leave all the good things he did for the country since his election to the Office to go into the history intact. Endless craving for power only brings disaster for individuals as well as for their respective countries.

How can one forget the fate of our friendly nation Libya, purely because of the dismal failure on the part of Colonel Muammer Gadaffi to step down in the right time as a national hero!

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Latest comments

  • 2
    10

    .
    As a Tamil, I’ll vote for MaRa (I’ll still vote for TNA in NP).

    Forget the past….MaRa has done and doing lot of good stuff to the North, and still doing.

    Yes, I agree that MaRa is a problem to the Sinhalese (and Muslims).

    Their rights are taken away, they have no say. Sinhalese in the south, especially Kandyn Sinhalese are like Tamils under VP.
    But this is their problem.

    :-)

    • 3
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      Dear Nagananda Kodituwakku –

      RE: Great Betrayal Of The Peoples’ Executive Power And Judicial Power

      “The whole nation is fully aware that Mr Mohan Pieris was appointed to the Office of the Chief Justice by the President Rajapaksa, when there was no vacancy existed in the office and by forcibly denying the incumbent Chief Justice, Dr Shirani Bandaranayake of her right to perform the duties of office of the Chief Justice.”

      Those who know and have the intelligence to understand, know.

      However, the Average I.Q. of Sri Lankan is 79. Rajapaksa and many others know that. So, they can fool them.
      http://www.photius.com/rankings/national_iq_scores_country_ranks.html

      Rank
      ——– Country
      ———————– %
      ————-
      1 Singapore 108
      2 South Korea 106
      3 Japan 105

      27 Kenya 80
      28 Guatemala 79
      28 Sri Lanka 79
      28 Zambia 79
      29 Congo, Democratic Republic of the 78
      29 Nepal 78
      29 Qatar 78

      So why don’t you write the Sri Lankan version of the Common Sense Pamphlet, print it and distribute it? Thomas Paine did that for America in 1776.

      Common Sense (pamphlet)

      http://en.wikipedia.org/wiki/Common_Sense_(pamphlet)

      Common Sense[1] is a pamphlet written by Thomas Paine in 1775–76 that inspired people in the Thirteen Colonies to declare and fight for independence from Great Britain in the summer of 1776. In clear, simple language it explained the advantages of and the need for immediate independence. It was published anonymously on January 10, 1776, at the beginning of the American Revolution and became an immediate sensation. It was sold and distributed widely and read aloud at taverns and meeting places. Washington had it read to all his troops, which at the time had surrounded the British army in Boston. In proportion to the population of the colonies at that time (2.5 million), it had the largest sale and circulation of any book published in American history.[2]

      Common Sense presented the American colonists with an argument for freedom from British rule at a time when the question of whether or not to seek independence was the central issue of the day. Paine wrote and reasoned in a style that common people understood. Forgoing the philosophical and Latin references used by Enlightenment era writers, he structured Common Sense as if it were a sermon, and relied on Biblical references to make his case to the people.[3] He connected independence with common dissenting Protestant beliefs as a means to present a distinctly American political identity.[4] Historian Gordon S. Wood described Common Sense as “the most incendiary and popular pamphlet of the entire revolutionary era”.[5]

      • 0
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        You have forgotten when Shirani Bandaranaike without any experience in the bar was appointed as the CJ you guys and the whole bench including Sarath Silva protested of her qualification. When her husband was involved in shady deals at NDB you are the guys who protested. We know she is no Bandaranaike but holding to that name even after her marriage for the sake of petty advantages. Government followed the proper procedure in removing her from office using 2/3 majority better than what UNP did to remove civic rights of Mrs. Bandaranaike earlier. This government is more democratic that they are not holding resignation letters of MP. Who are you to give legal opinion now Supreme Court has passed their verdict. Please mind your business though you want to disturb shit as if you are interested in the well being of Sri Lanka.

        • 0
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          Nawaz Dawood

          “This government is more democratic that they are not holding resignation letters of MP.”

          I hate to agree with you.

          However Gota is holding gun to their head or can arrange free lift in a white van.

          More importantly are those MP’s safe outside clan’s safety net or inside clan’s magic circle/criminal fraternity?

          How many of the MP’s have unblemished record? How many files does Gota hold on each of the MPs?

    • 3
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      Another stupid Sri Lankan Moron. You dont consider the constitutional violations, destroying judicial independacy and police.Why dont you go and live in North Korea to feel like whats going on Sri Lankan you stupid idiot.

      • 0
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        Rohan Polwatte

        “Why dont you go and live in North Korea to feel like whats going on Sri Lankan you stupid idiot.:

        In North Korea they have a President who is dead. At least in Lanka, the Land of Native Veddah Aethho, we have a President from Medamulana who is living and able to do lots of things including many violations.

    • 0
      1

      Dumb Tamil.

  • 0
    2

    ” Yet, having doubts about his eligibility “.

    I doubt whether MR had any doubts at all, but to allay any such fears (created by a mischievous former CJ) in the minds of the ‘I know the law’ brigades, he sought and obtained a unanimous decision from the Supreme Court. The rest is history, as they say.

    • 2
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      Ram(anayake)

      You are right “the rest is history” so will MR be after UNHCR report. Even you the idiot must have noticed that the new chief has publicly stated the if MR has nothing to hide why not cooperate with the inquiry. These are not ominous warnings. If you live abroad you are fine as sanction wont hurt. But if you are the Kings subject living in Sri Lanka the factories will close and you will be going round with a begging bowl and that will be history.

      • 1
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        This is not a fair inquiry. The new chief is following the foot step of former chief who was bias and a Tamil. The whole process was put on by the US based Tamils on American administration, and the merits have to be reviewed again without blindly following the predecessor. Sri Lankan government was not given the details of the allegations and who is making them. Any SOB was allowed to make statements again GOSL and it was carried in the report. This is same as Canadian government allowing refugees to say anything to get their application by saying unsubstantiated allegations. We know everybody who has gone to west came for better life. So these governments still gives support to these elements for their votes. The GOSL stand is credible. Unless a full inquiry of LTTE conduct, its operatives, its supporters are inquired and punished their should be no inquiry. This some interested parties ably supported by western countries trying to black list Sri Lanka for the votes.

  • 2
    0

    Why waste money on paliament and ministers just declare the country as a royal kingdom with king Mahendra end of all the play acting and buffoonery.

  • 0
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    Dear Mr Naganada

    Why dont you publish CA wirt 152/2012 (which can incidentally be found on the internet)
    Reading the names of all the podu apekshakayas in that document how can you have hope that “a future government would take corrective measures to restore the rule of law and good governance in this country and would take measures to deal appropriately with those who continue to abuse the Executive, Legislature or Judiciary Offices for improper considerations”
    Please comment on this Nagananda, are you man enough?

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