22 April, 2019

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It Was Faizer That Led President Up Garden Path Regarding Term Issue

It was Minister of Minister of Provincial Councils and Local Government Faizer Mustapha who had convinced President Maithripala Sirisena that he is entitled to serve until January 2021 and that he should seek a Supreme Court ruling on the matter, sources close to Mustapha told Colombo Telegraph.

The Supreme Court ruled that Sirisena’s term ends on January 8, 2020 effectively quashing a plea submitted by Attorney General Jayantha Jayasuriya to the effect that the term-reducing measures in the 19th Amendment did not apply to Sirisena.

Colombo Telegraph learns that the President, in this instance, was effectively isolated from those of his advisors competent to offer opinions on such matters by Mustapha who prevailed on him, the President, to embark on this course of action that has caused him so much embarrassment.

Related posts:

Shocking Blow To Yahapalanaya From Sirisena: Asks SC If He Can Continue As President Until 2021

Yahapālanaya In Crisis: UNP Anxious As Sirisena Plays Lone Hand

Sirisena In Damage-Control Mode Re Term Extension

Supreme Court Snubs Attorney General, Says President’s Term Ends In 2020

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Latest comments

  • 41
    2

    Moosetapha is a bloody pandithaya a know it all. MS used moosetapha to postpone local govt elections since 2015. Jvp unp and jo put lot of pressure on maithri to hold elections and an impeachment motion against mustapha was presented to parliament. Now kole iragatta neda

    • 29
      0

      “It was Faizer that led the President up the garden path….”

      Nobody could lead a President up any garden path, unless the President himself heartily wished to traverse the path himself.

    • 5
      0

      There is nothing wrong in referring a matter of this nature to the supreme court for clarity. ………..Once the decision is gives, it is accepted, like in many other truly democratic countries around the world.

      The president didn’t try to replace the CJ, the supreme Court or change the constitution to remain in office.

      This shows that the Supreme Court, the President’s Office, and few other institutions are functioning as they should.

      If this goes on it shows that the country is moving in the right direction …………….but if the past history is any guide I don’t think this state of affairs will last long ………..Lankans in the end will be Lankans and will revert to their inherent traits…..and true to form in another 50 years will rue the day they threw the baby out with the bathwater…..

      Just for the sake of getting over the boredom ………..I wish the Lankans will behave out of character at least once……….

  • 20
    36

    All mess..
    That is why we are telling you that we should vote JVP. To clean politics of Sri Lanka.
    JVP will send home all looters.
    Vote for JVP to clean politics.
    And save the country

    • 27
      0

      Sorry mate, we want looters in the jail and not just sending home with a rap on their knuckles. They would be laughing their asses off, all the way to Western countries where the loot has been deposited securely, if you send them home.

    • 16
      15

      I am not sure why the JVP gets so many red signals.

      To me, they are the best behaved men in the well of the House, and they contribute to any debate intelligently. They could be described in fact, as “educated”.

      What holds our people from giving the devil its due?

      • 13
        15

        Intelligent people will quietly vote JVP this time . We have to just ignore the large number of red signals. In August 2015 people wanted Rajapaksa’s SLFP to lose and hence voted UNP instead of JVP. This time no one wants to vote for all THREE SLFP(My3),SLFP(MR)(SLPP) or the UNP. Just see the result on the 11th Feb.

      • 3
        0

        ‘People’ cannot forget JVP’s brutal past…..
        ‘People’ are now enjoying the fruits of democracy …..that will be gone with the JVP!

    • 3
      0

      Like cutting the nose to spite the face!!!

    • 15
      6

      JVP to clean political party? They are Butchers of Sinhalese people. Every one knows in 1971 , 1988 and in between the time also they killed so many innocent people in this Sinhalese Nation. He is now RED ELEPHANT. They have sweet words same as Carl Marx and Lenin had. They good for the CID. It is not Janatha Vimukthi Peramuna. Janatha Vipaththi Peramuna.

    • 8
      4

      JVP !!
      His corrupt leader owns property in Ireland ??????

      These goons murdered innocent civilians, members of forces during 1971 & 1989 in thousands.

      Kick them out in wholesale.

      • 1
        1

        It is GoTa and MaRa who in broad day light killed over 60,000 Sinhala and Tamil innocent civilians, journalists, political opponents etc. during their 10 year reign of terror. JVP committed silly crimes and mistakes. In fact, it was Premadasa who orchestrated most of the killings in the South and put the blame on JVP.

        • 2
          0

          Do you call murder & intimidation silly crimes? And for the second time too. The founder members should also be tried for crimes against humanity..
          The JVP should first denounce their bloody past & apologize to the people of SL, particularly, to the families of those who lost lost their lives whilst doing their job.

    • 5
      2

      JVP it would be worse. You think these murderers of the early 70′ and late 80’s who crippled the country could govern. What do you mean by clean politics ??? how could a guy like Kumara Dissanayake own houses in Ireland and in UK???? No Way would one cast their vote for them FULL STOP

  • 10
    4

    There is nothing to be embarrassed about. It is always better getting the ruling from the supreme court without trying to enforce your will like the previous dictator.

    “Section 4 Amendment of Article 31 of the Constitution[edit]

    4. Article 31 of the Constitution is hereby amended as follows:-
    (1) by the insertion immediately after paragraph (1) of that Article, of the following new paragraph:- “(2) No person who has been twice elected to the office of President by the People, shall be qualified thereafter to be elected to such office by the People.”;(2) in paragraph (3A) of that Article:- (a) (i) by the substitution in sub-paragraph(a)(i) of that paragraph, for the words “commencement of his current term of office, by Proclamation, declare his intention”, of the words “commencement of his first term of office, by Proclamation, declare his intention”; and (ii) by the repeal of the proviso to sub-paragraph (a)(i);(b) in sub-paragraph (d) of that paragraph, by the substitution for the words “for a term of six years” wherever those words appear in that sub-paragraph, of the words “ for a term of five years”.”

    The 19th. amendment in it self not clear as MS was elected under the 18th amendment. Whether 19th amendment was retroactive or binding on the future is not explicitly stated.

  • 0
    0

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

  • 3
    8

    If the headline is true, Sira should sack Mustafa..
    But then Dr Ranil didn’t sack Dr Mahendran, even with solid proof that Dr Mahendran helped his SIL to rob the Central Bank and the EPF..
    If Sira scored, he would have given Mr Mahinda a free kick..
    And even the Madam would have got one ,although she would have Buckley’s winning the big one ..
    But the most important issue is Sira’s blatant attempt to deceive the Yahapalana suckers who thought Sira would abolish the Presidency in 4 years…
    Go on the Pension.. And give the Yahapalana sucker’s undisputed leader Dr Ranil , an all powerful PM gig, to facilitate the awarding of a Tamils Homeland to the TNA leader Sambandan through Parliament………

  • 25
    0

    Why is everyone looking for a scapegoat? Its the President under his signature asked the court. He has to take the blame. He is not a “thotha baba”.

    • 7
      7

      Why should anyone take the blame when there is nothing wrong in asking for a ruling from the highest court of the land.

      • 0
        0

        Only a leader having half baked advisers will go to the Supreme Court for an interpretation of the 19th amendment when its so crystal clear that a child in Grade 5 will know what it means.

    • 18
      7

      Don’t blame anyone. If this is Mahinda, he would have ordered to AG and the court to rule according his interpretation. We all know how he ordered to Punish the former Chief Justice Sirani and the former military commander Sarath Fonseka.

    • 11
      0

      So Mustafa has put his paws up as the scapegoat. Does Sirisena employ someone to think for him.? When he contested the Presidency did he tell the people that Mustafa will think on his behalf? The same Mustafa who went on a dog killing spree in Colombo and now threatening to kill helpless street beggars?
      Seriously these Sitisena antics have ceased to be mere practical jokes perpetrated on a hapless people, it is becoming serious!

    • 10
      0

      L.
      Spot on.
      He belongs to the clan of “Ali Baba and Forty Thieves.”

  • 2
    9

    President respected the country’s law, he did not amend it according to his whims and fancies. Let’s see if he will he continue to do so.

    What is really embarrassing is that if he amends the constitution to suit his will fancies, and get rejected by the people at the end.

    CT is just exaggerating it.

    • 4
      3

      If the President respect’s the constitution why did he remove Mohan Peiris from Position of CJ. The constitution says that CJ cannot be removed without impeachment motion passed by two thirds of the house. Due process has to be followed and a future govt can deal with Sirisena on that score. The law has tobe followed whether it be MR,Sirisena,Ranil or Mustafa.sirisena should be hauled before a future Presidential Commission and dealt with, for violating the constitution.

      • 10
        2

        Percy:
        Mohan Peiris was installed as CJ by dictator MR for helping to fraudulently Impeach Shirani Bandaranayake. As the action was a fraud Shirani Bandaranayake did not lose the seat of CJ. My3 rightfully threw this squatter out of the office he was occupying unlawfully.

        • 0
          5

          Burt,

          Shirani was impeached according to the book. There was no fraudulent acts done while removing her. This is another concocted story of the UNP Media goons.

          • 2
            0

            Shenal,
            What do you mean by ‘according to the book’? Please go through the second motion which the Parliament was to pass as an Address to the President recommending the removal of the Chief Justice! Instead of those words, the second motion contained words and phrases recommending to the Parliament the appointment of a Select Committee to inquire into the complaint against the CJ. So where was the Address to the President recommending the removal of the Chief Justice? Is this what you call as ‘impeached according to the book’? Please check the facts! Since there was no Address recommending the removal, the then Chief Justice was not in law removed by the President. Hence Mohan Peiris was a trespasser!
            Robert

            • 2
              0

              Robert,What Burt means by “according to the book” is the bloody book of murderer fraudster and thief Mahinda Rajapaksa.

          • 0
            0

            Shenal:
            Yes according to MR’s and Gota’s book that does not make it right or legal. So were so many murders, fraud and kidnapping done according to the book without witnesses. It just does not make it right or legal.

          • 0
            0

            Baba,
            She was dismissed because she refused give the verdict the 2/3 parliament wanted. Just because 2/3 parliament can muster anything, it is not be legal. As CJ, her opinion on the Divineguma was valid. Further, those thieves had stolen her bank statements, but did not prove fraud. There nothing legal in murdering Sriskandarajah to invalidate his judgments. Because he was Tamil justice, Ranil purposefully not taking it for investigation. If Yahapalanaya is not giving impunity for those rowdies, all involved in the racketeering should have been in prison.

            Read Professor Indraratna story on the other page. All professional opinions were shutoff by those thieves to loot and send $18b. IC might have acted by now unless Yahapalanaya played its impunity games. There is some wrong hope in you that they will be success in hiding all that forever.

      • 0
        0

        Percy:

        “A charge sheet presented by the Bribery Commission was taken into consideration before Colombo Chief Magistrate Lal Ranasinghe Bandara today (18).

        The charge sheet states that two investigative committees had had made recommendations that irregularities had taken place when purchasing properties for the Lanka Electricity Company (Private) Limited.

        It also alleged that by preventing legal action from being taken despite the findings of the committees, the then Chief Justice Mohan Peiris and then Solicitor General A. H. M. D. Nawaz had committed a crime under the Bribery Act.

        The Bribery Commission has also named 20 witnesses and 19 exhibits in the charge sheet. “

  • 6
    1

    Could it be said that this is only an opinion and not a Court Ruling?. MS at the end five years could continue
    to remain as President and let it be challenged in Court – as his tendency is that!

  • 5
    3

    Unfortunately we have become a nation of whingers.

    President used his legal right to ascertain the period of his Presidency.
    He said publicly that he will abide by any ruling. He DID NOT use his position to influenze the judiciary.
    This is a perfect exercise of a democratic right by a leader of a country
    There is no embarrassment to the President nor his advisors.

  • 6
    1

    Why now drag a Faizer into the scene and make him the bad boy? There can be all kinds of interpretations to a law and lawyers, including perhaps Faizer, know that. Dragging Interpretations Ordinance to interpret the Constitution was first done by “Sarath Uncle”, the vocal former CJ, when Mahinda caused the introduction of the 18th Amendment removing the barriers of two terms. He was of the view that since Mahinda got elected before the 18th Amendment Mahinda is not entitled for the benefit. If that point of view is upheld then curtailments introduced to the President by the 19th Amendment are not applicable to MY3. In other words not only was MY3’s term of office is Six years but the number of terms he can contest is not limited to two, the right of the citizen to sue the President on Human Rights issues are not applicable and he can be the Minister of any subject and thereby take over key ministries like Mahinda did etc. This is absurd and violates the very purpose of introducing the 19th Amendment. MY3 cannot be blamed for asking the opinion of the Supreme Court. The culprit who is to blame should be the Attorney General for arguing for the six year term. He is an official, a professional and should not be a sycophant and it is clear to any fool that he was trying to psychologically please the big man. At the outset he should have advised the President that all depends on the interpretation of the Constitution and presented a balanced picture to the Court, the legal question being whether the line of thinking of “Sarath Uncle” is applicable in interpreting the Constitution and if so its merits and demerits.

  • 7
    2

    CT says ~ According to sources close to Mustapha “It Was Faizer That Led President Up Garden Path Regarding Term Issue”.
    CT Editor: Your assertion is doubtful. You should have checked this with Faizer himself.
    In any case MS is not into astrology.
    .
    By the way, Faizer has not started impeachment proceedings against the five SC judges!
    Goons have not been sent to stone the CJ’s residence.
    Yet another bright side of Lankan development!

    • 0
      0

      Yes! Of Course! Mr. Pillai. Not to that extent but very intimidating speeches have been under the guise of Parliamentary cover. Politicians, especially of the third world want a pliant judiciary. Now the tendency is that don’t expect post -retirement appointments nor promotions if you are independent. But watch my words. If the level of independence “goes well beyond bearable limits” anything can happen. Prohibited drugs could be found either in the garden where you live or in the car you travel (Commonly practiced in US). Your servant maid could complain that the master tried to molest/rape/assault you. Certainly not throwing stones or hand grenades as we have long past that stage.

    • 0
      0

      Good Sense and K Pillai comments are comments put by Faizar Musthapa himself; don’t get caught

  • 4
    1

    The only goons that stoned the homes of Supreme Court judges was when JR. was President and when the SC fined a goon inspector of police for assaulting Vivienne Goonewardene, who exclaimed when assaulted “I am old to be your mother. don’t you have a mother?” JR ordered the fine to be paid from the Presidential Fund, the Inspector was promoted, and the homes of the SC judges stoned. That is UNP democracy JR style for you. So Pillai aka brains illay think before you try to defend the indefensible.

  • 8
    0

    What is all this hullabaloo for?MS sought an opinion from the Supreme Court.A 5 judge bench deliberated on it and delivered their opinion.

    Accordingly the President will be in office until 2020.No harm done at all.One had to be worried only if it was going to be 2021.Matter is now closed.No need to revive it unless we are jobless!!As some body has commented ,imagine if Mahinda Rajapaksa the King had sought a similar opinion.The Judges would have been told to deliver exactly as they were told isn’t it?In other words the judgement or opinion would have been drafted in the Palace and delivered in Hulftsdorf !?

    Dear Sri Lankans , things may not be ideal but under Yahapalanaya things are certainly much better.So please enjoy the difference !! Hope things get even better!!

    • 2
      3

      SHAMAlee R: The UNPTriotic PArty which spoiled every thing by robbing the banks and employee provident funds within the first 40 days of the 100 govt. Do you now what a 100 day govt is. It is the same thing with bankrupt Sri lankan airlines. chairman doe snot go to work. Instead he runs his duty free and catering business from home while earining in millions. CEO is a former pilot who are respected by the pilots. Other managmement people Jayawardanas, Rathwaththas, I do not know wheter there are Wickramsinghes too. the govt borrow millions and give to the airlines, they charge millions and half millions as salaries and the airline is losing money. Besides, if they sit there for four hours, they claim fatigue.

  • 3
    0

    This is the problem with Prez Sirisena. Forget English; Can’t he read Sinhala? It is written in black and white in the 19th amendment in all official languages the incumbent president and prime minister are subject to the provisions (including term periods) of the 19th amendment.
    When you have ulterior motives with power hunger you become blind; you don’t see even your mother, let alone the mother tongue!

  • 4
    2

    After the verdict, it is a rat race, who is going to cheer up and score more points from heart broken MS. Faizer with all his henchmen’s illegal forex dealings, smuggling, illegal land grabs and constructions all over, illicit importations, customs frauds, and drug dealings, in mind and how to exponentially multiply those activities next 2 years, goes to MS.
    Faizer” Sir in politics these are simple matters, let me take the blame and save you. Don’t be heart broken sir.
    Faizer to so called “sources close to him”, “Hey spread news to 1 or 2 media persons, it was me that advised MS to seek court advice.”
    Fazer” Sir you will see results of my game plan in 24 hours. Please read CT”
    MS ” Faizer, you are superbly great, how did you do it dear? Get all your matters and supporters (above) matter done within next 2 years, while I am president. I will save you from anything and everything. I owe you anything.”
    Its not this drama we should be worried about, how much wealth mother Lanka is going to be robbed by Faizer and his criminal henchmen, as payment for above favor to MS, that should concern all SL citizens. Final bill will be footed by our basic lunch and dinner.

  • 1
    8

    It was pretty obvious from the beginning that someone has given a dead rope to the President. Anyway, that matter is over now.
    Ranil has used a field mouse like Marikkar to attack the President. Earlier Senasinghe did that. Before that Ranjan. All of them are cheap third rate politicians. UNP is nowhere without the President.

    • 5
      1

      Ranil has used a field mouse like marikkar, senasinghe, Ranjan.
      Champo wait the UNP fireworks has not started, Harin, Nalin, Ajith will start it soon the Sillysena will have to close the airport.

    • 1
      3

      UNPatrotic party gambler Marikker also has done the same thing.

    • 0
      0

      Ranil’s 19th Amendment transferred executive powers to a lame, fully partial Constitutional Council. The composition appended below is proof that Ranil has taken the upper hand;-
      1. Karu Jayasuriya 2. Ranil W 3. Sampanthan 4. Champika R 5. Vijitha Herath 6. Now Vacant (as Wijedasa R resigned) 7. John Seneviratne 8. A.T. Ariyaratne 9. Radhika Coomaraswamy 10. Shibly Aziz. Can any Sinhalese agree with this? President has made a monumental blunder by agreeing to these appointments.
      Ranil’s dirty tricks are pretty obvious. According to the 19th Amendment 1, 2, 3 – should be the Speaker, the PM, the Opposition Leader. 4 persons (6, 8, 9, 10) – again PM’s nominees. 1 person (7) – Opposition Leader’s nomination. Only 1 person (4) – President’s nominee. Only 1 person (5) – Parliamentary nominee. Can anybody trust Ranil to be the decisive factor for CC’s nominees? Originally all 10 members (now 9 out of 9) were Ranil’s supporters.
      .
      President will have a golden opportunity to change the composition of the Constitutional Council in September 2018 as their term ends in 3 years and he should take the upper hand in this case. Although the President has no power to choose people, he can play “some tricks” the same way he outsmarted Ranil in some instances.
      .
      Whoever who is the next President, that person should abolish the Constitutional Council of which the criteria of the composition is visibly political and not independent at all.
      I wish to reiterate the fact that it is our wish that the Supreme court will maintain and protect the trust and confidence placed in it.

  • 3
    0

    Is Faizer the son of Faiz Mustafa PC the senior lawyer. If so, then the advice would have come from the old man. Does this mean the old man does not know the law ?

    • 1
      0

      Old man knew the law very long time ago but has lost his touch now. ‘Young man’ s a cretin and does not know anything. God save MS if these are his legal advisors!

  • 1
    0

    Countdown to next Presidential elections 719 days!. hoo hoooooo

  • 2
    1

    he supports sirisena while his father supports ranil
    this is srilankan politics

  • 2
    0

    MS should know better. He should have straight away told Faizer to go and jump into a lake. What this proves is that MS is a double card.

  • 0
    0

    Sri Lanka must be a rare contry where each generation of a family is stupider than the previous generation. Most countries people are getting better educated and smarter.

    But here for example
    Faiser > Faisz
    JR > Ranil > Ruwan
    Mahinda > Namal/ chichi/ yositha
    SWRD/ Sirmavo > CHandrika

    God help us when the next generation after this comes!

  • 0
    0

    If MS had wiser counsel, he may have got someone else to obtain that clarification from the SC.
    Now that he cannot have the sixth year, he may feel that he should get it legitimately by contesting a second time.
    There is nothing illegal about it.
    It may not be moral, but who has or cares for moral values in parliamentary politics?

  • 0
    0

    Who will send the JVP’ers home who collected two suit cases full of buckshees from the UNP?
    Then changed the JVP idealism to that of a Westernised Marxist Party?

  • 2
    0

    Faizer is a “Junior Political Podiyan” compared to “Senior Political Seeya” President Sirisena. How can anyone blame Faizer? Faizer right along has been the President’s tool to delay the election, its Faizer who listened to the President and not the other way about. It also should be remembered in the recent past Faizer has made so many legal errors in drafting the law, under such a circumstance can anyone think President listened to Faizer?

  • 0
    0

    Proves the President is blind if he is dependent on being led, garden path or not.

  • 1
    0

    Young Faizer was made P.C. by Mahinda Rajapakse, ostensibly for services rendered; Only,Allah would know what those services were.
    This time he took President MS for a walk up the Garden Path so as to end up as the Minister of Justice!
    Dont I know these guys.What is surprising is that all these folks are falling for the Gundus of the Mustaphas!

  • 0
    0

    Paisa Mustapha and his father have been leading many politicians up the garden path for the last 20 years. MS knew very well the understanding he had with RW when the amendment was drafted. He played along trying to extract political advantage. The trick failed miserably as did the FR filing previously, to postpone LG elections. At this point MS is hoping to survive February!!

  • 0
    1

    APPAYA WET HIS PANTS thinking MR will win the election & SLFP a poor third

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