By Vishwamithra –
“In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule.” ~Friedrich Nietzsche
Dissolution of Parliament is once again being challenged before a fuller Bench. This writer believes in and dedicated to the rule of law and unmitigated justice. The writer also has utmost reverence to those magnificent men and women who preside over the fate and destinies of many a man and woman, many an organization and many a company. Those who sit in eventual judgment on a case firstly look at the facts of a case and secondly the law that applies to those what was revealed as facts before them. Most Honorable Justices of the Supreme Court, more often than not, have almost always delivered their judgments on the right side justice and on the right side of righteousness.
Now the infamous dissolution of parliament will again be argued for and against before the Supreme Court which will consist of seven, instead of the original three. The Attorney General (AG), the Chief Law Officer of the Executive asked for a fuller bench, and he got it. On December 7, 2018 the AG has to buttress his case for dissolution of Parliament. Definitions and intentions of the framers of the Constitution and its Chapters, Articles and Clauses, their validity in relation to the current impasse of governance and the political turmoil, the very act of dissolution as was demonstrated so vividly and in no unambiguous terms by some political ruffians who have been elected to Parliament, will all be argued before a fuller Bench of the Supreme Court. One couldn’t ask for a fairer resolution of the current crisis.
But one must be wiser. One must be more patient and even more accommodating. But that accommodation of one party should not be viewed by the other as a sign of weakness. There is space for accommodation. In politics, everything is possible. But there is no cure for pathological greed. Being avaricious is an intrinsic character of all beings. Humans are not spared of that quality. Yet society, in its evolution from the days of the Neanderthal, cave dweller of prehistoric era, has developed both internal and external safeguards for the greater good of greater numbers against the grisly consequences of such avarice.
Rajapaksas, the former First Family (albeit their claim as the current one too), their close cohorts, some parliamentarians who were elected in the 2015 August General Election and the majority of the media organizations in the country were all on a nauseatingly high ego-trip. Wresting the Premiership from the legitimate and rightfully elected owner of that position has given them some breathing room and they seem to be choking in their own breaths and sighs. Having been in power for more than two decades and their proximity to the obscene luxuries and corrupt and powerful drawing rooms of more corrupt powerful politicos, shedding of that magic from their daily life is exceedingly hard; their natural tendencies to treat their constituents as serfs of that magical potion of power and their regular visits to their paramours have been made irregular and more difficult. These negative effects of defeat at elections have driven them insane. That insanity was so demonstrably manifest in Parliament.
Insanity is a rotten symptom of a more dangerous ailment. Some of these parliamentarians who behaved as if they were nearing their Armageddon of their political careers truly made a sheer mockery of parliamentary traditions. Left unto themselves, they must be utterly obnoxious men and women. What was granted to them, in most conventional and layman-terms was uncommon and illegitimate. Whether it is also illegal and unconstitutional will be subject to the judicial decision of the seven-bench Supreme Court that will sit on December 7. Fraudulent and dishonest acts will have very adverse and nasty consequences, for both sides of any controversy.
The controversy of the dissolution of Parliament has totally gripped the country, its economy, its socio-political life and its Legislature. The resultant inactivity on the part of our government servants has surpassed their regular lethargy and complacency. During these days they are glued to a television screen when Parliament is on session. Conversation is, sometimes exclusively, about who is jumping and who is not and from which side to which depends on the political allegiance of those who engage in such idol conversation. Insanity has set in among all those who are wishfully waiting for the reemergence of an era of corruption and family-rule. The sanity of regular men and women in our society is still intact. Yet that of our politicians of the Rajapaksa-clan is very much questionable. With their intelligence-upstairs ‘to let’, a behavior denoting a severe malignancy of some sort and countenance of that behavior by their so-called leader are all part and parcel of symptoms which are much lesser in strength than the disease. The disease is much more incurable and more impenetrable even for an expert surgeon.
What has happened to our levels of intelligence? What has eaten into our skin that could prevent such demonic conduct, especially on the part of our political leaders? People see the outer reaction and make their initial judgment. I’m sure such judgments are rarely wrong and seldom disputed. Distortion of what could be visible to the naked eye, such as saying that it’s Coca Cola mixed with water that was thrown at Jayawickrama Perera was pathetic. If such dishonest and dishonorable conduct and utterances are really believed by those who committed the original sin, what other word one could describe such inhuman behavior other than insane?
The common man has already made his judgment. He has arrived at a non-nuanced verdict. Devoid of late-night analysis and Monday morning-quarterbacking, the regular common man does not see any shades of uncertainty. He sees insanity as insanity; he sees right as right and wrong as wrong; no doubts and no second guessing.
But the Supreme Court of the land cannot see things as they outwardly appear; they need to go further into the interior, penetrate the outer skin and go into the bone and marrow of arguments for and against and then decide whether the dissolution of Parliament on November 9, 2018 is constitutional or not. It has already suspended that dissolution and given time till December 7 to both parties to the decision to present arguments for their respective positions. Decisions of the Supreme Court are final. There are no appeals from the Supreme Court. There is no Crown above the Supreme Court. It is therefore supreme in every sense of the word.
The country is eagerly awaiting the verdict. It may be that one party of the controversy is the Chief executive of our country, President Maithripala Sirisena. But both the Supreme Court and Maithripala Sirisena must realize that it is not Maithripala Sirisena the private individual whose decision is at stake; it is the ruling of the President of this country and it is his ruling, the President’s ruling that is at stake.
The burden of leadership is so great that only those who dare to carry it without any favor or fervor could carry it to the end. Occupying that lonely abode of leadership should not be treated as a prize won after a competition. It is the weight that people place on him or her because they themselves cannot carry it. Such challenges and harsh burdens are indeed an enormous privilege. Such privileges should be treated as such- privileges and challenges. Greatness has summoned Maithripala Sirisena, the President. If the Supreme Court decides against his decree to dissolve Parliament he must most politely and humbly accede to the decision and leave the matter at the hands of the Legislature. If the Legislature takes the decision, even under the most difficult and unbelievable circumstances, that decision needs to be carried out without favor or fervor.
Therein resides the gravity of the Supreme Court. Annals of our court system have not seen a decision of such magnitude and scope, a decision of such weight and burden and a decision of such historic consequence and legacy. The Justices will be remembered for the decision they render on the dissolution of Parliament. This decision will be their legacy. The decision to make Sri Lanka sane again is one of supreme consequence.
The writer can be contacted at firstname.lastname@example.org
JD / November 28, 2018
Vishvamithra: I heard Just the way Dollar Kaakkas say Mahinda Rajapakse is a NO NO, they want SARATH DE SILVA, former CJ, to be called another PAriah who i snot needed in Srilankan politics.
Kalupahana / November 28, 2018
VIshwa: Supreme Court must and will act to safeguard the SPIRIT of democracy and not get bogged down in formalistic, procedural argument. A general election is the only solution to the crisis in Lanka. How we get there, or the procedure to a general election early next year will be what the court would spell out..
Bondscam Ranil cannot be PM again, but should be held accountable for looting the people of Lanka, financial crime, and destroying the reputation of the Central Bank of SL, the highest financial INSTITUTION in the country.
Bondscam Ranil was also asset stripping and selling of Lanka’s strategic resources to his Trump-land backers (Millennium Challenge Corp. and IMF which drafted Bondscame Ranil’s economic policies and Vision 2025), in their economic war against Sri Lanka to put it in a soverign bond debt trap, crash the rupee, asset strip and take control of the island’s economic and security policy space, as there is a Cold War between Trump-land and the Chinese in Indian Ocean today.
Sri Lanka has lost Economic sovereignty because of Bondscam Ranil. Geopolitics is at the root and the current stand-off.
Condemned Liza Priceless / November 28, 2018
“Make Sri Lanka sane again”. Will not work because the shrink (Judiciary) that usually treats the insane is equally insane. Watch the movie Catch22 and the dilemma of “Yossarian dilemma”. Of course, those like you Vishwamitra will understand this dilemma although the vast majority of our Sinhalese INSANE IDIOTS don’t understand anything. To put uncivilized thugs out of action is through the bullet and not the ballot. This is one thing these rascals understand. That is why a military solution was the last resort and effective to end a civil war with the demise of VelupillaiP and LTTE. Now we have Velupillai Mahinda, Appa-Sirra Ammun and the Ali Baba’s thieves to eliminate like the LTTE to bring and end to this mockery. This is the only way forward and the JVP knows well and hinted at a coming blood bath. Although the JVP is despised by many, in this case they are right. Non-violence is for those who are borderline civil.
Rationalist / November 28, 2018
Vishvamithra, thnx for refraining from starting with quoting on Buddha or Buddhism for a change. A very welcome change to your political writing. Please keep it up! The Rstionslist
Nimal / November 29, 2018
Yes we mustn’t bring religion and race into arguments or debate.
wannihami / November 28, 2018
Only a psychopath without the notion of empathy or a robot driven by an algorithm can be fully neutral in interpreting something that controls the fate of 21million people.
Chauvinist / November 28, 2018
Uk Supreme Court delivered a judgement against Mrs May’s Government on
24 January 2017 in landmark case, dismissing the government’s appeal stating that Parliament will be required to give its approval before official talks on leaving the European Union can begin. Bench comprised of all eleven supreme court judges and the verdict was 8:3 dismissing the appeal.
American supreme Court delivered a judgement against Nixon Administration on
30.6.1971, allowing Washington Post and New York Times to publish Pentagon papers on origin of Vietnam war ,notwithstanding government argued there was risk to national security.
Needless to worry and noble justices of our supreme Court will deliver a unanimous judgement. That will be the day of reckoning for his excellency!
Brahakmana / November 28, 2018
Civilisation without Law & Order Are we civilised ?
Janaka from Matara / November 28, 2018
Yes. We can.
kolla / November 28, 2018
Any law or constitution which prevents an election, when a sovereign people can give their opinion, cannot be good.
Let there be an election.
Basil / November 28, 2018
The People HAVE given their opinion/decision for the duration in 2015. Let that decision be listened to and heeded. Every time some childish ego maniacs have a temper tantrum, we would not foot the bill for a new election. Unless of course you are willing to fork out a few billions there-for personally. Are you choosing to be that idiotic? I am not.
Menaka / November 28, 2018
Why not Presidential election first?
Douglas / November 28, 2018
A reference has been made to the “Common Man”. Who is this “Common Man”? Definitely not the “Legal Eagles” and the “Crafty Politician”. So what is his/her understanding of this matter of a “Dissolution of Parliament”. Simply, if the “TERM” for a certain period the People were told to elect “Members” to represent them to carry on with the Governing of the country ENDS, that body called in common understanding – The Parliament is “Dissolved”. On the other hand, if those Peoples’ Representatives, in a LARGE Majority say: “No,We cannot carry on and Decide to “Disband” the “Assembly”, it must be dissolved Of course, the People WANT to KNOW, why such a DECISION was made. For that purpose, WHY and HOW would be written down in a document so that NO OTHER PERSON would be authorized to “Jump” in between and make decisions. Other than this “Common Sense & Understanding”, what else the “Common Man” wants? If that “Common Sense” of the “Common Man” prevails, without undue interference from all others who want to “MAKE A LIVING”, all matters of “Managing” the country’s affairs will go on smoothly for the “Desired” and “Intended” period. What we need now is that “NON INTERFERENCE” and FREEDOM to make the Government Machinery work smoothly.
soma / November 28, 2018
Common man is expected to sacrifice his life for the right of the leader of the party for which Wasantha Senanayake FINALLY decides to raise his hand to be the Priminister. I think he has better things to worry about.
Good Sense / November 28, 2018
Yes! Insanity should not prevail. Can a single member of the judiciary correct everything what is happening in a political mad-house? Is it fair to expect that? Therefore this call amounts to pressurizing a man to make a decision of the writer’s choice. I will not delve into the constitutional intricacies. But what is relevant is to deal with the present as we have already dealt with the past in booting out the regime in the past way back in 2015. The present lot has not been subject to peoples’ scrutiny and therefore we need to talk about the vital few. All this hullabaloo was possible because an ambiguity was created in drafting the 19th amendment which went unnoticed. Now it is a daunting task to give an authoritative interpretation rationalizing the ambiguity. What is the root cause of the ambiguity? We may have engaged chaps with PhD’s and PC’s to do the job. But have we examined the background of people? Have they got caught for cribbing in some point of life? Drafting an amendment to a constitution is no joke and it has to be in the safe hands of a man who has some original thinking. Just as much as we were introduced the alternative to an existing leader in 2015, only to find he was a guy who burnt paddy fields in anger and a host of other weaknesses, we gave this sacred task of drafting a constitution to chaps not worthy of performing the task. What a tragedy? FOR GOD’S SAKE CHECK THE BACKGROUND BEFORE YOU SELECT A MAN FOR A JOB. In fact this is the cardinal principle of the father of our nation – Rt. Hon. Don Stephen Senanayake.
rbh / November 28, 2018
Is it not a grudge by saying he never to reappoint arch-rival Ranil Wickremesinghe as prime minister.Once he was speaking against MR, now he is a person of good conscience, ( he included Sarath Fonseka, first it should be proved ), Politicians must heed the people’s choice on important matters. The bond scam is very quick to be published what of other parties that the president have spoken but not quick enough now nothing was revealed . Guilt has very quick for accusation, the guilt is very transparent since there is no majority for one party they are not attending the parliament. the international are monitoring to bring forward or present there agenda, as partners of democratically business theory
Charles Cooray / November 28, 2018
I am a victim of great injustice. The Judiciary of Srilanka has turned justice upside down by corrupt judges making Orders protecting criminals by accepting a share of the loot. They legitimized a day-light robbery without a recourse to the victim. My pleadings for justice have gone into deaf ears including that of the Chief Justice.
Nimal / November 29, 2018
Tell us more about your case as I too and my friends have the same problems and in our case our properties were grabbed by dubious means some using bogus deeds. There should be a day of reckoning for these crimes done with the connivance of the politicians.
Sinhala_Man / December 1, 2018
Dear Charles Cooray,
You’ve been saying this so many times that I begin to feel that yours is a trivial personal problem.
We live in a land where “mothers do but smile when they behold their infants quartered with the hands of war”. Please, either have the guts to tell us what you have suffered or else hold your peace.
Do you want us all to be sissies who splash every misfortune that was ever visited upon us on this public platform?
Naman / November 28, 2018
There are instances where the Supreme Court DID NOT deliver the right decisions—- one that stands out is the misappropriation of Tsunami Fund.
I do sincerely hope the Supreme Court doesn’t let DOWN the Sri Lankan’s on 7th Dec 2018
Rwkd / November 28, 2018
Can the AG act as the legal representative of the president? Is he not there to represent the state and in other words the people? Who is there to represent the interest of us the citizens?
Naman / November 28, 2018
AGs had not been the REAL representative of the Citizens of Lanka. They had been political appointees
Mohan Peiris was one of them and it’s looks like the current one too. It’s NOT right for AGs and Supreme Court Judges should be impartial in their jobs.
soma / November 28, 2018
Pray deliver the judgement in our favour! Half the country needs to be sold out , the rest to be broken into Demala, Muslim, Sinhala pockets There are still some money left in the state banks to be emptied. Armed forces need to be punished and Sinhala Buddhists must be taught a lesson. A permanent wedge between the majority and the minorities to be driven.
Please declare elections are undemocratic.
Nimal / November 29, 2018
Are you OK?
hancho pancha / November 28, 2018
The cohabiting between Ranil and Sirisena came about in the aftermath of a shot-gun wedding to save the country of total destruction by Rajapakshe Tsunami. It certainly mitigated the damage but left a bad after taste. The hope of salvation that can come about, is only if the Srilankan voter can open up their brains when they cast their votes through discrimination intelligently, now that the crooks are distinctly portrayed in black and white.
Ranjith Gunawaradana / November 28, 2018
Supreme Power of sovereignty of not that lay on SC, it is depend on Will of People that franchised exercise by People of all citizens of Sri Lankan. We have come to the turning point of history that 2015 January 8th verdict of mandate obtain by current President of MS that betray by UNP led Ranil Wicks and CBK .
The federal of holy alliance has diverted that against Principle interest of country’s survival for newly proposed Federal constitution undermined sovereignty of SL govt . Task of that target of paralysis of central-power of State by decentralization of Executive, Legestataives and Judiciary to power unknown separatist of Tamil chauvinist which that proposed by UNP of RW and CBK leadership.
Therefor that UNP headed of RW has created tension between National Democracy of sustsnsbility of Capitalism state and Neo-Liberal semi-colonial regime rule by UNP since 2105 January 8th put shot on antagonist contradiction of majority people and local/foreign adventurist of an interventionist of hegemonies of USA, UK and some EU countries.
We too want to stop foreign intrevantiost of colonial globalization advocated by UNP- RW and CBK ,
that we hope to building democratic legitimacy at our home country.
This is not that time to undermined DEMOCRATIC stage of DEVELOPING that PREMITTED promoted of so-called Neo-Liberalism of UNP road map in Island by working against at the cost of national SOVEREGNITY.
I am view that Supreme Court has to in-depth analysis ongoing crisis not only confined to the point of law only, it has to see other side of Island nation developing moving towards New Era of Democratic capitalism.
Pedrick / November 28, 2018
What Geedrick says is irrelevant. He is trying to suck up to the judges, forgetting that there are seven of them! He is too old to see the writing on the wall?
Vanguard / November 28, 2018
We need no further evidence that Sri Lankans are hopelessly biased and politicized. Many here are wishing the Supreme Court ‘make the right decision’. Already there is an article appearing that seeks to imply that the SC is biased, I need not say anything more here.
People do not get it – the SC is not subject to political mud slinging in for political means. The SC is not under the power of any political party, which is uncomfortable to some because they believe everything should be according to their party’s view. If they are unpopular with the people, so be it. This is not an election! Next thing the SC will be accused of ‘subverting the will of the people’.
Many people, including the President, I believe can accept and work with any decision the Supreme Court makes – remember that the President based his decision on expert legal advice. If the legal exprts turn out to be ‘wrong’, then they are to blame. The Presidents team knows that rejecting the Supreme Court decision diminish any chance of winning in an election in the future.
Which ever side has the best strategy to win – and strategy is not unconstitutional – that side will win.
hancho pancha / November 28, 2018
Certainly, what you say is true provided the Supreme Court or all courts for that matter are devoid of the ilk like Sarath Nanda Silva, Mohan Pieris and several more.
Sri-Krish / November 28, 2018
letter and spirit of the constitution
Diyanii / November 28, 2018
Our Supreme Court will deliver us justice on the 4th/7th of December 2018. It is my fervent prayer for our troubled nation. A few good men will start the era of change in this country. This change will start with the Supreme Court on the 4th and 7th of December.
The Supreme Court Judges have their knowledge in the Constitution and its amendments including the 18th and 19th amendments. Be it seven judges or just one, the outcome should be only one. You can’t have two different interpretations of the constitution.
Honorable Chief Justice and judges of the Supreme Court, we are looking upto you to uphold the venerated Constitution and the Law.
K.Pillai / November 28, 2018
Our problem Vishwamithra is addiction to language/religion-divide. We lived with it for seventy years. Gave up the booze in 2015 but had withdrawal problems.
SLPP rebottled the booze during the recent LC elections.
SLPP will have a double-distilled version soon.
The verdict of the Supreme Court will be of academic interest. The show will go on – unfortunately.
Ajith / November 28, 2018
It is sad that we have experienced a bad judiciary during the period between 2010 and 2015 when the courts were just used to follow the order of Supreme President Mahinda Rajapakse otherwise they have a direct threat from the Supreme leader. It was very hard for the people to remove that threat in 2015 and to bring back the judiciary to function without any threat or interference from Supreme power. Unfortunately, the country and people are afraid that the judiciary may be forced to follow the orders by the threat from the current and former supreme Presidents. There is a reason to believe that it might happen by looking at the confidence both Presidents show for nearly a month. They do whatever they want. We just show violence against police in the parliament but the law & order and judiciary are silent. It reminds me 1958, when Tamils were dragged and burnt in a day light and the law & order and judiciary were silent.
Sinhala_Man / November 28, 2018
Sri Lanka is a small place, and word gets round here. Every report that I have heard has people stating, without reservation, that this judge is absolutely, totally, honest.
The one good thing that Sirisena has done in the past six months has been to appoint Nalin Perera as Chief Justice.
Sinhala_Man / December 5, 2018
It is the duty of every one of us who spends hours on the Internet to pick out what is significant, and educate others, who cannot do so.
The entire country is vaguely aware that there isn’t a legitimate government. They don’t know the details.
On Monday, a very intelligent, well-informed, but busy man and I had ten minutes together. When I gave credit to My3 for this Nalin Perera appointment, he said that no, such appointments are based on seniority. Fortunately, he took me seriously when I said that Perera’s seniority was only in terms of years in the judiciary, not on the Supreme Court Bench. When I said that it appeared that Nalin had not practised as a lawyer, but had got in as a Primary Court Judge, after may be a handful of litigations, he was even more surprised.
This guy had actually met Nalin Perera (more than 20 years ago). My friend’s father had retired as High Court Judge, Galle, and Nalin had then been District Judge, Galle.
Not given – where he was District Judge.
But I just found it here:
My friend, A.F.M. Farook, said that he didn’t really know many of his father’s legal associates, since his father had retired when he was only about twenty years old.
Sinhala_Man / December 5, 2018
One problem with My3 is that he tried to be all things to all people. He was saying one thing to the International Community about the need for reconcilliation, and another to the Sinhala-Buddhist electorate where alone he now has some support. It is true that he got elected fair and square, with many Sinhalese-speaking people voting for him. What a wonderful command of the Sinhalese language he displays even now, when he is demented. However, what made a difference is the near total support that he got from those who, one way or another, belong to minority groups. Those who speak only English also voted for him. Crucially, so did LGBTQ people. I hadn’t realised that there were so many of them, until they began coming out.
Now My3’s main obsession is LGBTQ. As for me, the very thought of such activities disgusts me (although the female body is of sufficient interest for me to wonder how Sappho did it in Lesbos.). The strong protests to “butterfly” comments have caused modification in My3’s talk.
It is sensible for us to moderate our views, but not to the point of becoming hypocrites. Did you not notice that I referred to a friend, above, without naming him up to the end? That honesty is necessary but naming him early may have stopped some from reading all. Now I’d like to add that he has an enviable command of English, it may be better than mine. I once observed that he couldn’t possibly have acquired if from any of the teachers that he’d had, and he admitted that he’d read a lot. He’s also an orthodox Muslim who fasts, prays, and shuns alcohol, but is accepted by all because he doesn’t spout Jihadi nonsense.
Sena / November 29, 2018
Throughout the world courts are powerful, our Apex Court would definitely give order against this illegal, undermocratic and unconstitutional action of Sirisena. Recently Kenyan Supreme Court annualed the Presidential election which was in favour of sitting president, and directed the election commission to conduct fresh election within 60 days. Even in the US courts are over ruling the executive actions. If a country to exists, there should laws, the courts are the guardians of the law, and if no laws that country is dead.
Nimal / November 29, 2018
Using external help of good developed countries we could force our people to adhere to the correct path in good governance and most important the erect and honest judiciary.
Ranjith Gunawaradana / November 30, 2018
In any case SC verdict has not reflected majority interest of the of the citizens that country, nation and People it will NOT that give fresh start of New members of Parlimreantry.
The people political -power has to change by negative pitch since 2015 January 8th which is depend of TNA MC and JVP “line of democracy”. which that betray by Ranil Wicks of UNP leadership.
Therefor current UNP -power will be disadvantage for new form of governances in Island.. UNP should go to public polls.
But when UNP being to supreme court by blocking General elections joint -hand with JVP and TNA has shown how are they against key pillar of democracy, under current leader of RW of UNP.
The judiciary of SC has special duty and responsibility to looking public interest of dissolution Parliament are vital for future order of survival of democracy.
In long-term will of people are concern that resolution of crisis solution will be unpersedant of that impact of judgment has been reflected the People interest of Island of Sri Lankan.
The people aspiration must be reflected in dissolution the Parliament. By selected give new choice administration enrich that People path of development and democracy after 1948 Independency.