By declaring June 20th for the 2020 parliamentary polls, the Elections Commission appears to have set the stage for the courts to intervene in order to resolve a knotty constitutional question about the life of the current Parliament.
M.A Sumanthiran
Senior lawyers like former TNA MP M.A. Sumanthiran PC are arguing that the new election date, being three months after parliament was dissolved on March 2, 2020, renders the presidential proclamation dissolving Parliament invalid.
Overruling Government preferences for a May election, the Elections Commission yesterday declared that the parliamentary election would be held on 20 June.
Sumanthiran PC explained that while there was no prohibition on the Commission to set a date of their choice according the Parliamentary Elections Act, there was clear constitutional imposition upon the President that he can no longer fulfill due to polls being delayed beyond June 2, as a result of COVID-19.
Article 70 of the Constitution imposes a strict condition on the President when he chooses to dissolve Parliament by proclamation 4.5 years into its term, Sumanthiran PC told the talk show Face the Nation on Monday night.
He explained that the President could dissolve Parliament by proclamation but the same constitutional provision that gives him the power to do so, mandates or compels him to fix a date for the new Parliament to meet no later than three months after dissolution.
On June 2, 2020 that constitutionally mandated deadline expires.
“If the three month condition cannot be met for whatever reason, the President’s proclamation becomes invalid because the President is only allowed to dissolve parliament under that strict condition because the country can function without a Parliament for no more than 3 months,” the former TNA MP from Jaffna said on the Monday night talk show.
He added that Article 70 of the Constitution permits the President to change the election date if necessary through another proclamation, but even date that must adhere strictly to the three months condition for Parliament to meet after being dissolved.
The new election date set by the Commission therefore renders President Gotabaya Rajapaksa’s March 2 proclamation ineffective said Sumanthiran PC.
Pro Government lawyers however counter-argue that the corona virus battle is an extraordinary situation that the constitution does not make provision for. These lawyers are arguing for the adoption of the “doctrine of necessity” to deal with the looming constitutional deadlock, although they stop short of advocating for the constitutional provisions pertaining to the question of the life of parliament be suspended while the President deals with the pandemic.
Others like pro-Rajapaksa monk Athuraliye Rathana Thero are calling for elections to be put off by six months. During that time, Rathana Thero argues the president and the caretaker government must rule through an executive governance council without a parliament.
Constitutional experts warn this would be a slippery slope to establishing executive rule or a dictatorship in Sri Lanka on the back of the pandemic.
Colombo Telegraph learns that it was due to this constitutional condition that Parliament must meet within three months that on April 1 when it realized elections could not be held in May, the Elections Commission urged President Gotabaya Rajapaksa to seek an opinion from the Supreme Court.
However the President, replying through his Secretary P.B. Jayasundera, retorted that there was no need to seek an opinion from the highest court, since the Government saw no reason why the election could not be held by the end of May 2020, paving the way for Parliament to sit by June 2.
Now by declaring elections on June 20, the Elections Commission will force petitioners to go to court to resolve the issue. It has by doing so, absolved itself of the responsibility of dealing with a knotty and controversial question that could set the country on a grave constitutional collision course.
The 19th Amendment, Sumanthiran pointed out during the talk show, permitted any citizen of the Republic to petition the Supreme Court to challenge an action or inaction by the President. In this case, a legal challenge could be mounted on the basis that President Rajapaksa is not acting to rescind his gazette dissolving Parliament. Responding to a question, Sumanthiran explained that a citizen could file a petition electronically and the courts could decide to hear the matter based on how urgent it might be.
Courts are presently closed as the country contends with preventing the spread of the corona virus.
Meanwhile President Gotabaya Rajapaksa in a pre-recorded interview aired across the networks on Monday night, completely ruled out the idea of reconvening the old Parliament.
Wake Up Lanka / April 21, 2020
Clearly Gotabaya’s presidency has no regards for the rule of law. Gotabaya’s voter base doesn’t seem to expect that Gotabaya follow the rule of law; their only expectation seems to be oppression of the minorities. Gotabaya and the rest of the Rajapaksa clan’s high crimes are a source of national pride for their voter base.
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Frustrated sinhalaya / April 21, 2020
Anyone with some sanity would never ask or go for elections but more tests and save the nation from being caught by the deadly virus. we can set a date but we should not hold election until peoples are guaranteed with a safety from corona. these imbeciles though received over 1200 million of US dollars all these weeks for the spenditure of the people. TO the very same manner they did it with Tsunami funds, now they have been doing the same with these donations. and also from the reduction of oil prices in world market they have saved few hundreds of billions sofar. There is no longer no formular to give the people that oil reduction price concession- nevertheless slaves would not ask for that. whole lot of people have been brainwashed, that might be believing that Rajapakshes are born to give them a life. Bitch’s sons have not yet carried out at least 10 000 test to articulate that the nation is free from the COVID threat. They dont care about life losses.
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Dr. Gnana Sankaralingam / April 21, 2020
Credit for this constitutional deadlock goes to Prof. Hoole. He made a preemptive strike exposing the skulduggery of the Chairman of election commission to have the election on May 25th as wanted by Rajapakse criminals. This put the chairman who was acting as their stooge to be on the back foot, and agree for the new date of June 20th. This is a master stroke, as after 2nd of June caretaker cabinet cannot function and President cannot take important decisions or make important proclamations without presence of a parliament. Rajapkse fraudsters who stubbornly did not want to get the opinion of supreme court, will have to eat their word and helplessly watch the intervention of supreme court to settle this matter.
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Desperate Sinhalaya / April 21, 2020
Question:
Was Mahinda better ?
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Answer:
Not at all – he behaved as if we created and another SUHARTHO or MUGABE in our island. Those who have lost their memories or ones suffering from Amnesia of lanken nature – please check it by your self by googling.. how the country was brought into by 2015 – Entire world hated the island-srilanka..
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Question:
Was Sirisena better ?
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Answer:
better than Mahinda until Mahinda RAPED him morally. At the begining of good governance they achieved a lot in the line of constitution and law and order.
However, he was abused by RAJAPAKSHE Thakadiyas later and that was the reason us to suffer today.
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Question:
Is Nandasena/former Public Servant better ?
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Answer:
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He does not know what he is talking about… so what more talks – worth wasting time ?
Anyways, we dont see the light at the end of the tunnel – we are doomed or not ?
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He is not matured but in his HIK HIK arrogance..- even a down syndrome patient would be regarded as INTELLIGENT so long he would not open his mouth… right ?
all others in Gota are lower or comparable to that of a 10 year old boy.
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Old codger / April 21, 2020
Easiest solution for Gota:
Re-summon Parliament tomorrow. Dissolve it again the next day. He gets another 3 months to play with.
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Bunjappu / April 21, 2020
Oldi,
if you listened to his speech telecasted by Sirasa last evening… the very same hik hik nature… and so proud as if he knew almost everything but not constitutional right.
As Mr RW did it in that FAKE- 52 day, he has made it very clear, so have done the contitutional experts such a that prof from Hongkong… .. that there will be no other wayout than reconvene the parliament. Like or not, if he does like to the see the faces and eyes of people or not… he has to.. it is the constitution, but not executive president MADAMULANA culture should be applied here. Clay eating crocodiles would have to hide their tail behind the legs, when nearing to 30th April.
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harishchandra / April 21, 2020
But he will not be able to spend one red cent after the 30th of April without Parliamentary approval.
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Navin / April 21, 2020
Ranil’s people were crooks. The Rajapaksa’s people are crooks, racists, and murderers. The Rajapaksa’s provoke violence through their proxies, some in saffron robes, some in the media, and their voter base elects them to sought it out. We don’t these “strong men” in our country, only some honest ones. Unfortunately I don’t see any.
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Navin / April 21, 2020
It should read: We don’t need these “strong men” in our country…
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D. P. / April 21, 2020
Wake Up Lanka,
I agree 100%! For Ra..kse clan, the parliament is only the place for rubber stamp for what get decide at the dinner table of the clan. The cabinet or the mp s of their side don’t give a damn about it b’cos only an extremely small number of them are interested in progressive policy making. The vast majority is no difference from local PS members. This ex[plains why GoRa prorogued the parliament as soon as he came to power. What is happening now about reconvening the parliament exposes the same disrespect they have for the parliamentary system of Gvt.
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May be many outside the top level of politics don’t the fact that it is NaRa – MaRa’s eldest son – who makes most of the critical decisions. The most recent example is that it was him who made the first revelation of Gvt decision to postpone the election by saying Gvt priority is the health of the public; not the election – a 180 degree turn from the previous position. The later MaRa also said that he never insisted on early election!.
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My position about the reconvening the parliament is as same as Sumanthiram’s. We can expect several SC cases against Gvt decision b’cos after April 30, Gvt don’t have the authority to spend any money. My guess is that GoRa/MaRa will have to surrender once again. It appears that they have forgotten what happened to their Oct 2019 coup. Leaving unsupervised authority to GoRa/MaRa team is a very dangerous proposition.
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Amarasiri / April 21, 2020
M.A Sumanthiran,
“Senior lawyers like former TNA MP M.A. Sumanthiran PC are arguing that the new election date, being three months after parliament was dissolved on March 2, 2020, renders the presidential proclamation dissolving Parliament invalid.”
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Yes. The the constitution is clear on that.
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Therefore, President Rajapaksa must issue a Gazette notification, stating that the original notification is rescinded.
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Well somebody must challenge this issue in the Supreme Court, just like what was done by Sirisena’s sacking of the PM on October 26, 2018 , illegally.
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The Wuhan China-19 virus, renamed COVID-9 virus, further renamed by the Para-Sinhala Para-“Buddhist” racists, as the Muslim virus, that is very egalitarian, has thrown a monkey wrench in the governance. The monks chanting pirith on water, and dispersing by helicopter seems to have no effect, on the Wuhan China-19 virus., except on the imbeciles who prostrate to the monks.
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JD / April 21, 2020
AMARASIRI:
Some say, muslim virus was made by their friends and they screwed it up.
Sumanthiran is also very accomplished PC. HE was at the forefront even during the 2018 October revolution. Who is pushing him into the National list ?
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Eagle Eye / April 21, 2020
Amanasiri,
Can tell the truth to the don key but cannot force the don key to accept the truth.
Even in 21st century, there is an imbecile like Ancient Greeks who ridiculed Prof. Raj Somadewa who provided scientific evidences to prove that Sinhalayo evolved in this country and therefore, they are not ‘PARA’ as this imbecile says.
—-
“Para-Sinhala”
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Eagle Eye / April 21, 2020
Amanasiri,
I wish Sinhala Buddhists were racists and allowed Parangi to slaughter Mus lings and kick out all the descendants of Dra vida slaves soon after Brits left this country. We should blame our elders for the blunders they made.
It is high time that Native Sinhalayo become racists to counter the threats from ‘Para’ Dem mala racists and Mus ling Fundamentalists.
—
“Para-Sinhala Para-“Buddhist” racists”
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Leelagemalli / April 22, 2020
Wake up call@
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What matters if majority stupid people dont mind any kind of oppressions ? Like sadomadisten cant be without oppression and feudistic ruling, they love it.
:
Minorities and some thing like 6-7 millions of this country – struggle not being able to see any fairness. Only wayout would be karma to punish Rajapakshes and solve the problem once for all. Then we could all keep hopes for a better future.
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Leelawathie Jayasinghe / April 21, 2020
Constitutional Provisions are secondary, – for rascals. They dont care about anything but Rajaakshe doctrine: Let s see how many of the peoples would be in agreement with crime friendly rajapakhe doctrine ?
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Where in the recent past, Rajapakshes respected the constitution?
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1) Sacking of then CJ Dr Bandaranayaka amid the repeated protests of COMMON WEALTH and international community nevertheless going by WIMAL WEERANSE#S abusive speeches based on his toilet – even that lady was stoned to the very same manner they the Rajakshe led groups threw chilli powder and other physical objects hurting him mentally and physically, but on the constant gawks of MAHINDA BP RAJAPKSHE…
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shameless Rajapakshe the bugger man, who threw CHILLIE to honourable speaker took close to him while paying a state visit to India recently – meaning RAJAPKSHE can kill someone and in the following day, behave as if nothing is happened. He is 10000000000000000000000000000 times dangerous than COVID-19 virus infection.
.
2) Brothers and their bastard sons and their crimes, WHICH are beyond estimations including RUGBY player misterious murder by none other RAJAPAKSHE family (only similar to that of JAMAL KHASHOGI murdered in a saudi embassy in Turky 15months ago)
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3)And how many others were murdered by their commands and conspiracies – numerous. Nevertheless, stupid poor people and their brain washing by ABUSIVE MEDIA MAFIA cemented in srilanken soil today, woul dnot pave the way, any goodies to rise up and help hand this NATION filled with over 40% of the destitute.
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K.A. Sumanasekera / April 21, 2020
Oh boy … This is serious..PC Abraham is no small change..
Will our Nandasena become the shortest serving President ever ?.
Will our Court Install Dr Rani and his UNP Cabinet to run the Nation for another Term?.
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Will the UNP Opp Leader from Keselwatta become the first ever Opposition Leader of Lankawe who didn’t get a chance to put his bum on a Chair in Kotte even for a day ?..
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Looks like this Deadly Corona not only wrecked our Economy but also it has demolished our Constitution..
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What a sensational surprise it must be for Bathudeens Rauf Hakeems and even their lawyer mate Hisbolla , coming soon after poor Cardinal in Colombo expressed his satisfaction about the progress of the Suicide Investigation which he had been waiting for since last Easter….
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Native Vedda / April 21, 2020
KASmaalam K.A. Sumanasekera
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“Will our Nandasena become the shortest serving President ever ?.”
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You should go back to the 7 million who voted for the former National Hangman and a self proclaimed strongman.
Strongmen are usually not that clever in fact in most cases they are stupid just like you are.
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By the way did Gota consult the head of his legal team President’s Counsel the celebrated legal eagle Ali Sabry before dissolving the parliament? If not Gota should have consulted you in order to avoid constitutional crisis.
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You see KASmaalam the Sinhala/Buddhists need to regularly create new conflicts before solving the previous ones in order to stay afloat.
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K.A. Sumanasekera / April 21, 2020
Dear Native,
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Dr Dayan in one of his comments recently said not to push the Sinhala Buddhist Extremists too far , with Prez Nandasena in power and Lt General Shavendra Silva calling the shots.-
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I know your mate Abraham is acting like a King maker appearing for even disgraced UNP Politicians like Ranajan Ramanayaka helping them to defy the Law and Order when the Nation is in dire straits due the Corona Plague-
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Abraham and his clan I am sure are trying to stir the pot and get the UN Forces into Lankawe to help them get their Eelaam , which has been their Plan B all along.
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But that I don’t think will deter the new Army and the Tri Forces as well as the Police if the Opposition Plitikkas try to fish in the troubled waters..
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K.Anaga / April 21, 2020
Ranjan Ramanayake is not a disgraced politician. He is ‘Graceful.’ He was able to expose various abuses which have resulted in shame to a number of politicians and the judiciary in particular.
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Native Vedda / April 21, 2020
KASmaalam K.A. Sumanasekera
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“But that I don’t think will deter the new Army and the Tri Forces as well as the Police if the Opposition Plitikkas try to fish in the troubled waters..”
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Precisely for this reason, people on the democratic persuasion make it their business to oppose all these Satanic forces, including those viruses you mentioned above.
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Don’t forget while the National hangman and his sidekick single handed general Shavendra were hiding behind their women folks and VP’s bum, Dayan was with the separatist Marxist and leader of EPRLF Pathmanaba, with whose help Dayan was hiding in Southern Hindia. He wrote he was doing clandestine work. He never disclosed who his master was.
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Forget Dayan. He has been another chameleon, who takes 64 positions all at the same time. Nobody knows whether he is coming or going, like a headless chicken.
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Old codger / April 21, 2020
Easiest solution for Nande:
Re-summon Parliament tomorrow. Dissolve it again the next day. He gets another 3 months to play with.
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K.A. Sumanasekera / April 22, 2020
Old Codger,
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Obviously you must have gone past the use by date as a PAYE Tax payer,
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Have you ever thought how irate our young Tax Payers would, be if Prez Nande gives those 60 odd crooks in Kotte, an automatic extension so those Dr Rani’s Boys will get a life time Pension with all the Perks including free Housing.
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As well as a golden opportunity to run around in our Tax Payer funded Defenders again, pumping Gas with Tax Payers money to interfere with the brave Army Personnel and our Health Professionals who are battling to save our poor inhabitants from Corona.
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Just imaginee them getting the Masseurs to give them Oil Rubs even during the Curfew without permits just like the way that Dr Rani’s ex Minister did the other day..
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JD / April 21, 2020
Will our Nandasena become the shortest serving …….. ever
Native Vedda LTTE tried that too. Velu went in his underware with some crack on his forehead.
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Native Vedda / April 22, 2020
JD
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“Will our Nandasena become the shortest serving …….. ever”
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It depends on the behaviour of stupid people of this island.
The saddest problem is that every Tom, Dick and Harry in this island falsely believes he/she or it is clever, intelligent, …. wise person, …….. When you have stupid people with big ego supporting Nandasena a foreigner, why can’t he survive another 100 years.
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“Velu went in his underware with some crack on his forehead.”
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Velu did his best to destroy Tamils and himself.
Nandasena is trying his best to destroy Sinhalese, Buddhism, democracy, .. economy, …. and the entire island.
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K.A. Sumanasekera / April 22, 2020
Dear Native,
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You obviously haven’t read our Good Cardinal’s Easter Sunday Sermon in the Colombo Press..
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He will totally disagree with your assessment of our new President Nandasena-
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Did you have a Good Easter Native?..
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K.A. Sumanasekera / April 22, 2020
, Dear Native.
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Did you say Your Velupulle destroyed the Tamils?..
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Are you referring to Pottu Amman, Barber Selvam and the other Mighty Tiger Commanders who went down first in Puduthikurrupu and then in Nanthikdal?.
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Or, are you referring to the Velallars who used to become Doctors , Engineers , Academics and Accountants in thousands .
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My Elders tell me all our Mahavamsa Hospitals were manned by Specialists who were all Vellalas and a few Elite and the Anglicans.
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It was the same with all the Government Corporations All the Govt and Private Companies and most of the Universities.
That was before Mr Velupulle arrived on the scene .
Did you join Velupulle’s Youth Brigade in Velvettithurai?…
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Native Vedda / April 23, 2020
KASmaalam K.A. Sumanasekera
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Mullaittivu Troops Transport Farmers’ Harvests to South
https://www.army.lk/news/mullaittivu-troops-transport-farmers-harvests-south
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Note, in this news item you will find the Ranavirus confesticating produces from poor hard working farmers, in return paid little or nothing, but mostly a barter arrangement, in a Mafia style barter, … and transporting the lot to the south.
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As I reminded you many moons ago, Basil 10% is slowly taking control of retail trade first on these lucrative vegetable market, then slowly developing this into a monopoly, then diversifying his business into a conglomerate, eventually himself into a Sinhala/Buddhist Fascist Oligarch.
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Muslim / April 21, 2020
Keselwatta podiayan is not speaking for the minorities he is dumb.
Finally Muslims votes will go to the compass , that is a better party and they are not racists.
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K.A. Sumanasekera / April 22, 2020
Muslim, I love that man……
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Can I please adopt it instead of Keselatta Kid…..
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Native Vedda / April 22, 2020
KASmaalam K.A. Sumanasekera
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“Can I please adopt it instead of Keselatta Kid…..”
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NO, as great philosophers said many many moons ago, “DO NOTHING”.
Just watch the clip below:
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The secret of Singapore‘s success ~ Kishore Mahbubani
Meritocracy, Pragmatism & Honesty are the pillars which led to a radical and extraordinary transformation of Singapore from a third world to a first world in one generation.
(1) Meritocracy- Appointing government officials based on competence rather than affinity
(2) Pragmatism – Adopting best practice ideas and fitting them to the local environment and
(3) Honesty- Being relentless in weeding out corruption, and retaining public servants whose integrity and conduct is beyond reproach.
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Interview with Kishore Mahbubani (Professor in the Practice of Public Policy and former Dean of the Lee Kuan Yew School of Public Policy)
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https://www.youtube.com/watch?v=mJUkJKUx3Vo
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Burt / April 22, 2020
Muslim votes normally goes based on which side the hat flips.
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Gamunu / April 21, 2020
well commented Sumane,
These guys will not stop at anything, so long as they get into parliament. President received a resounding majority for mandate from the people (6.9+) to dissolve the parliament among many other things they were fed up with. Yahayas always called them as racists but in truth one can only see who the racists are.
So This lot (UNP+SJB+JVP+TNA+ Muslim congress) commonly know as “Yahayas” will try to pull any trick to get in and cause havoc. they know they had the defunct Parliamentary majority. So their intentions are very disingenuous. They are not concerned about the general public but their lost esteem and privileges.
They must be feeling very lonely and insecure without their monthly pay packets+privilages that included use of petrol, security contingents, official drivers, sumptuous meals (prepared according to their whims (for a mere Rs.300.00), free telephone use, and many other perks. But above all they miss their status as Honarables SIRS with no more respect from the ordinary mortals like me. They are just people of the country. Some of them who do not possess even GCE.(O/L) will not be able to get a decent job with no credible CV to show. How many of them attended regular sessions and made contributions other than for their advantages.
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K.A. Sumanasekera / April 22, 2020
Thanks Gamunu.. I believe you ..
Also Didn’t Dr Rani’s own ex Best FM say that their new UNP Opp Leader couldn’t get through his OL.
Still Daddy sent him to London..
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But then they have exemplary , educated, well bred sophisticated and cultured Law Makers like Ranjan Hirunicka,Theverapperume and Vijithamuni just name a few to compensate what ever lacking in their Opp Leader .
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Just imagine if our poor inhabitants ticked him instead of Nandasena.
Could the free issue Menstrual Pads have protected our inhabitants from CoVID 19?…
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Rohana Hettiarachi / April 21, 2020
I have given you all details
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rbh / April 21, 2020
Who will dicide the safety or right to healthy envoirment the election commision or the health authority
Corana virus is an invisible variety of microorganisms can cause disease as per sri Lankan authority even dead body cremation is required in that case thousands of the election crowd is more prone to acquire the air borne breath the fact is that look at the liquor shops meeting of people which was again put to close all liquor shops is this not enough facts what will be like people movement to keep election very soon, To enjoy movement we have to control people /ourselves, it depends not on government.
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ajith / April 21, 2020
The country and people of the nation need a lawyer Sumanthiran and a professional Hoole like people to rescue the country falling under a dictatorship. Why there is no Sinhalese lawyers are afraid to come forward to save this Nation? Is President Gota and Prime Minister Mahinda (Mahinda Family) above Lord Buddha or Judiciary? Open your eyes and think rationally?
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Nosey Parker / April 21, 2020
What about Hakeem , an equally brilliant lawyer ?
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Rani / April 21, 2020
Hakeem only does what is best for Hakeem. Dead loss case.
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meer / April 21, 2020
ajith – You forgot one “eminent” synthetic “lowyer” of the lowest calibre – Namal Rajafucksha!
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Dr. Gnana Sankaralingam / April 21, 2020
Ajith, Sumanthiran is a coward. He hides behind others and when the going is good he comes forward to take the credit. If the going is bad he will never sight the place. In this instance the first person to attack was Prof. Hoole, and when he had laid the base for a victory, this cunning Sumanthiran fellow is trying to take the glory. Had Prof. Hoole not started the struggle or if Rajapkse gang was successful in getting Chairman of election commission to have the election on 28th May as wanted by them, Sumanthiran would have kept quiet. It is a pity that Tamils are unable to judge his crookedness.
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Aruna Gamage / April 21, 2020
What a stupid, stupid argument!
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This stupid argument doesn’t have substance just because ‘Sumanthiran says’ it.
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The lapse of three months was due to EXTRAORDINARY CIRCUMSTANCES brought about by the pandemic, and any court anywhere in the world would see that the deferral of the election was caused by unforeseen circumstances.
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The EC (excluding that rogue Hool) has done the best under the circumstances to give the people the democratic right as early as possible. If Coronavirus raises its head again, elections can be postponed again without any constitutional or legal issues.
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Hopeless rent seekers without a popular base like Sumanthiran, UNP , the JVP and other desperadoes have always disliked elections because they can’t win them!
No surprises there.
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Sumanthiran puts his credentials as a lawyer in to question with this stupid point, and he should be laughed at, not taken seriously.
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Wake Up Lanka / April 21, 2020
It’s very black and white. Absolutely no grey areas for confusion. But you seemed to be confused.
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The constitution and the rule of law thereof are not for amateurs to tinker with. Whatever the circumstance, the those must be followed diligently, period.
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The rule of law takes into consideration emergency situations. Emergency situations have to be handled lawfully within the legal framework. No ifs, ands, or buts about it.
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Native Vedda / April 21, 2020
Aruna Gamage
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“Sumanthiran puts his credentials as a lawyer in to question with this stupid point, and he should be laughed at, not taken seriously.”
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If you consider Gota should ignore constitutional provisions as he picks and chooses, he might as well ignore other provisions, abolish the parliament, declare himself as the emperor of this island.
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“Sumanthiran puts his credentials as a lawyer in to question with this stupid point, and he should be laughed at, not taken seriously.”
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Alright what is your clever point?
Do you want to ignore selective provisions of constitution or abolish it completely?
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Aruna Gamage / April 21, 2020
Write under a real name, I will answer your question, no matter how stupid it is!
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Thappu / April 21, 2020
Aruna Gamage,
Don’t play too bright. Are you trying to escape having to answer?
(Why isn’t CT insisting in ‘real’ names.)
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Native Vedda / April 21, 2020
Aruna Gamage
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I am surprised you still have something to tell us.
It appears the only stumbling block is my real name.
Don’t you think it is unreasonable for me to respond to you overtly while you are hiding behind phony names.
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Look if you haven’t got answers, please do ignore me. Its fine with me.
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By the way I don’t encourage identity theft.
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Aruna Gamage / April 22, 2020
You and all your other identities are symptoms of a sick dog!
I don’t deal with dogs.
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Gamunu / April 22, 2020
The nation is safe and not in need of so called lawyer and the professor who can be bought for “shumma money”. So keep working hard to see where you get this time. Try your luck with your legal brains and see. To open an empty parliament and occupy that with people who are no longer MPs has no value. They and the speaker lost their status when parliament was resolved. For the parliament to become a legislative body it needs to be opened properly according to constitutional law. This Sumandhiran guy is taking you lot to a blind alley. There are no RW, Mangala, AKD et al to give him back up.
Also don’t undermine the majority determination. Yahayas are mere individuals with no constitutional power. Try to get in parliament and see how the public will react. If they become gate crashers public will see to that. Are police and security going to allow Yahayas to gate crash? Think wisely even at this late stage. Face the election as gentlemen and see how the Yahayas going to get a working majority in the next parliament. Win VOTES NOT FORCE IT.
These antics of yahayas will only cause further damage to their reputation and sink to the bottom. Try and work with the president to get the country out of the common enemy the Covid -19..
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Ruwan / April 21, 2020
This clearly shows the frustrations of the parliamentarians and how much they long to come back to power again! The parliament stands dissolved and should not be called back! If the old parliamentarians come back to power they will sabotage the good work that has been done up to now by the president. They will also bring in unnecessary complications to the prevailing situations as all of them by hook or by crook want to come back to power by roaming the streets for votes using their parliamentary privileges! As this is an unusual situation let us be without the parliamentarians until the virus is controlled in the country. To control our people we need the armed forces as we are an undisciplined community!
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ajith / April 21, 2020
Ruwan,
Why Parliament dissolved before its normal life of 5 Years? Why cannot cancel your proclamation and call back the parliament? That parliament was elected by people, not by butchers. There is no complications. Very simple. As you said it is necessary to call back parliament in an unusual situation rather than having election under unusual situation.
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Gamunu / April 22, 2020
Ajith,
Just get into your thick head it is the constitutional right of incumbent president to desolve parliament any time after the completion of 4 years. If my explanation is not enough go and bury your head somewhere so no one has to see your stupid comments.
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Plato. / April 21, 2020
The Far Right in the country comprising the saffron brigade and sections of the Sinhala Buddhist voters who are the sheet anchor of President GoRa will now come with a counter political argument.
Tamils like Prof:Ratnajeevan Hoole and Sumanthiran PC.are sabotaging the aspirations of the Majority Sinhala voters!
We are heading towards a political virus in the midst of the Covid -19.
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chiv / April 21, 2020
According to Govt there are 300 infected, half of whom have recovered, single digit death and the situation is well under control , so much so, that govt is prepared to conduct a nation wide election anytime soon. This situation does not even meet the criteria for endemic, leave alone epidemic. Where is the crisis to call for extraordinary measures. To be honest , Lanka is not even eligible for such financial or other assistance, when there are many in need.
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Wake Up Lanka / April 21, 2020
Nonetheless, it is a Pandemic and SriLanka is affected.
Given what we know of the viral strain that causes covid-19 and its unprecedented contagiousness, it’s absolutely necessary that drastic and diligent preventive measures are taken to contain the spread. Hence this is indeed a crisis that requires extraordinary measures right here in SriLanka.
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Sampath Perera / April 21, 2020
Can Dr Nihal Jayaywickrema express his professional opinion on this important issue. Not that third grade professor who is aspiring to be the next foreign minister.
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Danfernando / April 21, 2020
Let me correct, half of whom ? My foot, only 100 recovered yet. Meaning 1/3 of the infected. – see how they fight today on that 5000 bucks being not distributed in a fair manner… I watched a video, a man has raised the question as to why some are given and while others not … according their sources, each of such distribution centre works according to list being offered to them – these lists are filled with their voters. Can you imagine ?
I really dont know what you are trying to say ? I thought srilankens and their poverty is revealed to the world thanks to COVID crisis. Else, sofar BPs have doctored the documents in favour of them.
:
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Kabaragoya / April 21, 2020
1. The doctrine of necessity does not apply when there is an alternative legitimate way available. It applies only where the unlawful method is chosen to deal with an emergency. Both Jayampathy and Sumanthiran have indicated a lawful alternative. Recall the old bunch of crooks-the old parliament. Also, you cannot mishandle the coronavirus situation and call the situation you bring about as necessity.
2. The Ratana Thero solution is not on. Unless there is a Parliament, there is no properly constituted government. IMF and other loan givers, including China, will not give loans to just His Exalted Excellency G. Rajapakse. He might put it into his pocket. So, with an impending economic crisis, there is a need to have a properly constituted government with a Parliament.
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chiv / April 21, 2020
Sumanthiran dosent seems to be that stupid because he just told the courts “current curfew is illegal” and got Ranjan out on bail.
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Old codger / April 21, 2020
You said it Chiv. Suma is definitely not stupid . Wijedasa Rajapakshe holds the title for stupidity.
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babalath appu / April 21, 2020
Old Codger,
.
Wijedasa as a lawyer is an insult to lawyer-society. Mr Fonseka is always right, he said – Goda perakadoruwa who knows nothingbut to please Rajapakshes asses – is Wijedasa BP Rajapakshe.
:
What a man with double doctorate, but to please CRIMINALs on an on.
He is one of the very reasons, why the Rajapakshes were not brought behind the bars even if repeated Investigations were called on their numerous crimes during last few years.
:
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Sunil Abeyratne / April 21, 2020
Elections cannot be held when there is a pandemic in full swing simply because holding elections run the risk of deaths.
My understanding is that the President has dissolved the Parliament as provided for in the Constitution.
Does the constitution provide for the kind of situation Sri Lanka is currently facing?
Probably not. This is because (1) Sri Lanka never faced such a situation before (2) The drafters of the constitution could not have reasonably foreseen this situation.
Where do we go from here?
Surely the legal arguments cannot exist in a vacuum disregarding the ground reality. It is logical for the highest court to make a determination on the validity of the EC decision to hold elections.
The previous parliament does not exist anymore and fresh elections are required to elect a new Parliament.
Reinstatement of the previous parliament (I do not have the knowledge nor the competence to make a call on the legality of such action) is totally undemocratic and is tantamount of the resurrection of the dead.
It is also clearly NOT acceptable for the country to be run indefinitely without a parliament, which provides representation to all citizens.
The status quo should continue until COVID -19 is brought under control. Sri Lanka appears to do well although we do not have a handle on the actual infections in the community because our testing levels grossly inadequate.
There is a lot at play here although many of the citizens (like myself) do not understand the legal complexities.
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Sugandh Thomas / April 21, 2020
You have made some great points; however, the constitution does allow for mechanisms to handle emergencies. This situation is not unique to Sri Lanka. All current governments were aware of endemics and pandemics such the Spanish flu in 1918 and others along the way. None seemed to require any change to their existing constitution or legal framework to lawfully tackle any situation . Not aware of any government (except maybe the Philippines) defying the constitution and any law to handle the covid-19 situation.
——————
As for the dissolution of the parliament at the beginning of March, it was ordered by Prez Gotabaya Rajapaksa six months before the parliament’s term ended. So, even if the parliament were to be recalled, it is neither undemocratic nor raising the dead.
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Sunil Abeyratne / April 22, 2020
Hello Sugandh,
Thanks for the response.
Yes I agree that one cannot characterise recalling the old parliament as undemocratic because the parliament’s term has not ended.
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Rohan / April 21, 2020
If the Gazette declaration is Null and Void, so will the Nominations filed. The Drama that was enacted by the Americans by getting their Proxy in the President’s seat preventing the Election Commissioner probing the Dual Citizenship issue, conveniently to allow their Proxy to be elected. The Americans would not have minded, had Gota Militarized the Administration because it is to their advantage. That is why many a retired Army Personnel have been planted in Administrative posts. Although the Americans having kept Shavendra Silva the main accused of Human Rights violations massacring all the Surrenderees as revealed by Sarath Fonseka was provided safe Haven in New York by the Americans. When Shavendra was allowed to come back after 10 yrs he gets appointed to the Army Commander’s post which the Americans make a fuss for lies, as if they do not like it. It is all theatrics. All Forces of Democracy in the Country should get together and drive out this man who is not only a Ruthless Murderer but the Biggest Fraud this side of Suez. We should get the support of the Indians for the Job. Today the Americans cannot interfere any more which they did, all these years.
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hancho pancha / April 21, 2020
I would not read too much into Mr. Sumanthiran. I had placed lot of faith in him as a political leader with guts who would stand up high for the underdog. There is no difference between him and his brethren in the South. He is well entrenched into Colombo establishment. He is not doing what he should be doing to up lift the down trodden in the North.
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Buramphisincho / April 21, 2020
This is something else Hp:
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He is a young politician and he cant iron out the every mistake being done in the north.
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But his arguments are interllectual … to anyone with some sanity.
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Bp Rajapakehs would bring the deadbodies as HUMAN meat into LOCAL markets soon with the rice of MORE PATIENT in COVID 19 SINCE yesterday. That Apawithra has made big talks ” those countries that are being called as DEVELOPED bla bla…” they the frogs in wells see that the entire western world is hit just becuase of not having proper infrastructure. These are just fairy tales to those who always believe in MYTHs in srilanka.
Like Tsunami hit to west coast – CORONA hit to most crowded metropole cities in EUROPE and AMERICA.. so it is not to be avoided that masses go dying…
Besides, the second largest elderly community is in Italy.. next to Japan
As a heavy rain came allof sudden breaking all the dams … the infected numbers rose as nor other places.
But srilankens could restrict it already as of early march if Ballige putha duo had at least 2 brain cells. They were blind folded dreaming of a 2/3 but now they have lost even their own 3.
Rascals should be bombed down if the nation to be felt fine.
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Eagle Eye / April 21, 2020
Buramphisincho
Rajapakshes are solid rocks that do not shake because two legged creatures bark.
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Buramphisincho / April 22, 2020
Eagle Bp, two bps are filled in that SLPP.
.
-Pleaes open your eyes and see that their nemesis is in making.
.
that is why yet today have been struggling not having completed let alone 10 000 tests (WHO commands to go for test test test – BPs goes for election, election, election).
.
And Vietnam has controlled it even if they are not an island. Nepal is even poorer and not a single COVID death yet.
:
And that is why they have failed to distribute that 5000 bucks to the people ….. and get your facts right man… you ve been blindfolded asuchi soaked loincloths of Bps.
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Dr. Gnana Sankaralingam / April 21, 2020
Sumanthiran is trying to be the darling of Sinhala moderates. He is playing to the tune of his masters in Sri Lanka and abroad. For five years he cheated Tamils in order that Tamils will not rock the boat of the UNP led government installed with difficulty by USA, West and India. He is like Ponnambalam and Amirthalingam who were thrust into leadership at a young age, who when threatened by the powers of imprisonment, betrayed the Tamils. Sumanthiran is a coward. When LTTE was active, he was hiding. Have you ever seen him leading a protest against injustice or taking part in a struggle for a cause. He deliberately sabotaged Kalmunai agitation led by a Buddhist priest in order to save the government.At the beginning of the last government, he came to UK with Mangala Samaraweera and asked Tamils not to take up war crimes matter in exchange for a federal constitution. In the nominations he tried his tricks to pack the list with his henchmen, which was thwarted by the people. He is not wanted by Tamils in Australia, Canada, France and UK. He chooses his cases. He did not appear for the Muslim lawyer, but jumped in front to appear for Ranjan Ramanayake, obviously he was afraid of falling foul in the former and for cheap publicity in the latter. Compared to him Lawyer Thavarasa is a genuine person who is discharging his duties fearlessly.
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anonymous / April 21, 2020
HP,
Mr. Sumanthiran’s physical appearance is not needed by the people for them to develop the North. He is doing his job for them centrally, and of course he is doing a good job for the country as a whole.
At this moment, the Northern Sri Lanka (‘Pihiti’ in ancient times) is much more prosperous and developed than the south for sure.The guy is more mature, experienced and very well educated than any of the ‘Jarapaksa’ family clan. I wish him well.
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rbh / April 21, 2020
Now by declaring elections on June 20, how can we prejudge that it will be normal envirmentally,
and when the wine shop open Social attchment has to happen instead of social distance to grab votes even hidden Smoking and alcohol intake are the most common even with screening done this will lead important risk factors for oral and pharyngeal cancer Then prohibition has to loosen up due to the election heat winning necessaty. we might not even know about,” transmission infection rates.
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Harsha Gunasena / April 21, 2020
Thanks, Mr. Sumanthiran. You role reminds me the role played by S. Nadesan Q.C. during the authoritative regime of President J.R.jayewardene.
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Buddhist / April 21, 2020
Gota has imposed curfew in Colombo covering Hultsdorf where the courts are being held, he has also closed Attorney General’s Department. Only after this the Election Commissioner (Hoole has said he did not agree on the date, no news on the other silent one) has declared election to be held on June 20th.
There are a few issues. Apart from Parliament has to meet within 3 months issue, technically Gota made sure before the date was announced to close the two main legal arms. If this is so, how did the EC Deshapriya who is a slave of Rajapakse Bros get opinion and can get opinion on an ongoing basis from the Courts or AG? May be Deshapriya is “Know it all” person, what about those who want to go to courts against the election issues? The “Know it all” did not consider this!
In the absence of legal opinion required now and before how can he declare a date? EC Deshapriya has stated he listened to specialists, and other experts before deciding on the date. He himself asked the President to go to Courts to get opinion as there were issues. President’s Secretary replied, its not the duty of the President to go to courts, in that case Deshapriya should have gone to courts and inquired, he did not.
Further Deshapriya the slave of Rajapakse should have at least seen the Constitutional crisis that may arise and should have gone to courts. When GMOA says that election cannot be held, who is Sharvananda, acting IGP, and the Sec to say it can be held, what qualification they have to save lives other than may be to take lives?
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Buddhist / April 21, 2020
Contd…
One other point, Deshapriya did not even ask the US High Commission if Gota’s US Citizenship was cancelled or not before accepting Gota’s nominatin before the Presidential Election. All in all it appears that Deshapriya for money or for other reasons may be bent over backwards.
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Knight of La Mancha / April 21, 2020
what matters today is Our Economy .
I see CT does not have any writers among Finacial lines.
It would be comforting to hear from some financial experts how we can survive the post pandemic.
And advise the citizens how they can contribute.
Someone need to come out honestly and clean and prepare the people.
I am fedup of the same old record played , either its about playing victim , bogeyman, or Eeny ,meeny, miny, moe among politicians .
How long are the politicians and medias going to encourage the people with bury the head stratergy and all is well and I assure you , wont endup well, instead , it will all end up in hell on earth.
like it or not , hate me , or curse me.
That is reality , eitger we prepare or the corona hatchishu,hatchishu and we will all fall down.
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JD / April 21, 2020
This is what Saboteurs were asking for. It looks they are getting what they want. One newspaper says, even when the EC was discussing about the date for election, they were looking for this constitutional crisis. Saboteurs did not like either the May 20 or even June 02nd. Now.
Why some pieces of papers are this important. Just declare the constitution is redundant.
governing until the covid-19 is over and then go to election is just time and resources wasting. Just govern for five years and reorganize the system during that time.
I think, no election for five years and governing with an executive council is the best.
If not Saboteurs should govern. that is the only option they leave. If noot anarchy and a destabilized govt.
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Knight of La Mancha / April 21, 2020
The government must encourage Reputed non religous , none political NGOs to operate freely islandwide andvthey will see a tremendous change.
Sri lanka must start to be willing to learn from Singapore how they respond to
crisis.
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Renu / April 21, 2020
It appears that former Rajapakse President wants the elections held for him to get more power in Parliament. One could see a degradation of his health in the recent past . The eyes and the lids say it all. Anyway people get old especially when you are over 70 years, which is time to retire. With Corona around these politicians have to be extra careful. By the way not seen DIG Ajith Rohana for sometime now on TV . Is he in good health? Wish him the best. One little advise to all restrict too many meetings where ever it is as most attending them are very susceptible to corona virus. SIL Weeratunga is also 75 + so be careful of the Virus
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JD / April 21, 2020
Go without elections. 84% as in the days of LTTE will support the govt.
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Knight of La Mancha / April 22, 2020
@jd whoever you are .
can you pls say something encouraging and productive or pls zip your mouth , our hearts are bleading ,insenstive people like you have no idea what this virus is doing to the world and our country .
another 6 months like this and the whole world will be bankcrupt and we can endup with something worse than Corona, that is worldwide femine .
so encourage eachother with good intentions and support. .
if the world can not handle, all expats will be asked to go back as they will need to take care of their own citizens.
so stop playing with racism and religous bigotry .
and keep your minds occupied in how to save our country .
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Plato. / April 21, 2020
Harsha Gunasena.
You are right.
Also S.Nadesan Q.C defended Nihal Jayawicrema and CJ. Neville Samarakoon when he was tried by a Parliamentary select process in the same way that CJ.Shiranee B.was tried in recent times.
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Mallaiyuran / April 21, 2020
Constitutional crisis or dead lock can submerge only if there is a legal process materializes to opposition. If court recognize the latest election declaration as violating June 2nd Parliament date or as if parliament necessary to run the government. It is unlikely court agrees on either thing. During the coup time, only secretaries were running the ministries. There is a good chance the courts not recognizing that really a crisis situation is existing there. This would deter any legal action against president. Courts saved Old King & New King from being punished for constitutional coup 2018. They used an injunction against Old King to give him enough time for a safe exist. Court acted in that manner only because there were signs that IC may hurt Old King’s 52 day government by sanctions. Otherwise courts may not have issued even that injunction (to save Old King), but would have allowed him prevail himself on his own. Court may even grant needed authority to King to suspend part of the provision that limits him to function only three months without parliament. Further that provision is only asking EP to conduct the election to reconvene parliament in three months, but not prescribing any penalty on EP for not doing that or not recommending any corrective action of how to fix, if missed.
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Thondamany / April 21, 2020
Quote – Wake up lanka : Clearly Gotabaya’s presidency has no regards for the rule of law. Gotabaya’s voter base doesn’t seem to expect that Gotabaya follow the rule of law;
So is Sumanthiran’s voters in Jaffna. They too broke all laws to commemorate Poopathy Kanapathipillai’s death on 19th April Sunday. No mask were worn and broke Curfew.
IT WAS TAMIL DEFIANCE………….
sO THE ANTI- RAJAPAKSHE hYENAS ARE OUT AGAIN IN FORCE. ALL THEY CAN DO IS DISPLAY THEIR BAD BLOOD AND HOORAY SUPPORT FOR SUMANTHIRAN’S ANTICS.
Buddhist: Gota did not… Corona did….. Unless you want to say Gautama Buddha is a Sri Lankan.
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Native Vedda / April 22, 2020
Thondamany
–
If you believe it’s okay for people and their crooked leaders to break law if and when it suits them collectively or individually, then why the hell do you need, constitutions, laws and By Laws, Lawyers, legal institutions such as the dysfunctional, judiciary, corrupt police, murderous armed forces, ministries, ….
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If you are honest you would demand the dismantling of the state, suspending the constitution, expunching the institutions, ….. leaving the people and crooked leaders to do whatever pleases them, …
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Aren’t you gone mad?
Aren’t you sitting on your brain?
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Buddhist / April 21, 2020
This is Rajapakse campaign: https://www.youtube.com/watch?v=Gu4GIGInVVA
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Real Revolutionist / April 21, 2020
To whom it may concern
The general idea is that MPs should represent people but what happens actually is they represent political parties.
Because of that transactions of human trading occurs.
To minimize it we can come up with a mathematical idea; an equation.
10 MPs = 1MP (as MPs don’t represent people we can make only 1 MP to represent 10 electoral units)
In that sense 22.5 MPs can represent 225 MPs.
And ask the president to summon previous parliament.
How much money can be saved. Do it to PCs & LGs as well.
When it’s possible, hold an election to elect 225 & let mathematical equation to function.
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Eagle Eye / April 21, 2020
All Dem Mala racist politicians should be arrested for violating the Constitution by promoting ‘Separatism’ and supporting terrorism.
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Hooo la wants to reconvene the Parliament to bring guys who robbed the CB, took bribes from Arju Nam to cover up the CB robbery and wasted billions of Sinhala tax payers’ money for drafting a Constitution with a Federal System to Diyawannawa.
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