6 August, 2020

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Lanka May Cease To Be A Democracy By June 1 If Court Does Not Resolve Constitutional Deadlock: Counsel Suren Fernando

Unless Parliament is functional by June 1, Sri Lanka may cease to be recognized as a democracy, with the current constitutional deadlock posing a greater threat to democratic governance than the 2018 coup, attorney-at-law Suren Fernando told the Supreme Court as proceedings in the eight FR cases before the courts on the matter of reconvening Parliament resumed on Tuesday.

Gotabaya Rajapaksa

The Supreme Court must step into the resolve the deadlock before that date, the lawyer urged.

Eight petitioners, including the new party led by Opposition Leader Sajith Premadasa went to Supreme Court after President Gotabaya Rajapaksa has flatly refused to reconvene the legislature he dissolved on March 2, essentially washing his hands off the fact that polls to elect new MPs could be delayed and the country could be without a functioning Parliament indefinitely due to the prevailing Covid-19 crisis.

Fernando is appearing as Counsel for the Premadasa led Samagi Jana Balawegaya and former MPs Champika Ranawaka and Kumara Welgama.

“The President is asking the courts to give him a tranquilizer gun to shoot Parliament. We must remember that that gun has more than one bullet,” Fernando warned during his submissions before the top court. The country was meant to be governed by three organs of state, Fernando elaborated, not one and not even two.

During his submissions Fernando warned that the threat facing democracy today was even graver than the one the country faced during the 2018 coup. At least then there would have been a new Parliament within the stipulated time frame, while in this situation, the country could be governed without a legislature for an indefinite period of time.

In March the Elections Commission postponed the parliamentary election and in April the Commission declared June 20th as the date of the postponed election. The Elections Commission made its decision after successive appeals to the President to seek the opinion of the Supreme Court because an election could not be held under pandemic conditions by the stipulated constitutional deadline of June 2, 2020 for the new Parliament to meet. President Gotabaya Rajapaksa, who critics say is using the pandemic conditions to establish presidential rule with the military flatly refused to seek the opinion of the country’s highest court. Gotabaya Rajapaksa replied to the Commission saying he “saw no reason why the election could not be held by in May” even as his Government continued to impose sporadic and staggered curfew across most districts in the country, and arrested thousands of people violating the restrictions on movement.

Left with no alternative and unwilling to petition to the Supreme Court itself, the Commission went ahead and postponed elections beyond June 2.

Fernando made the argument that the President could not be faulted for choosing to dissolve Parliament on March 2 but when he realized that the April 25 election could not be held because the country was dealing with the corona virus outbreak, he should have taken action to rescind the gazette.

Like President’s Counsel M.A. Sumanthiran who argued on Monday that Parliament was a continuing institution that only went into sleep mode even during dissolution, Fernando also explained that dissolution did not render Parliament “dead”.

“Dissolution in our constitution is not permanent. It is not termination like dissolution of marriage or partnership. Parliament is not dead until a new Parliament is elected. If that was so, how could Article 70 (7) allow the President to summon it? You can’t summon a dead Parliament,” Fernando argued.

To construe that dissolution means Parliament was dead would render other provisions of the constitution like 70 (7) meaningless, because article 70 (7) would be unworkable, he explained.

The general rule according to Article 62 of the constitution was that the life of Parliament was 5 years, Counsel for SJB, Ranawaka and Welgama continued. If Parliament had not been dissolved in March 2020, Parliament would function until September. Article 70 provides an exception to the general rule about the life of Parliament, allowing the President to dissolve Parliament prematurely, provided certain key conditions are met.

Under the provisions of Article 70, the President may dissolve Parliament (a) After it completes 4.5 years of its 5 year term and (b) provided the new Parliament meets no later than 3 months after the date of dissolution.

The Counsel for SJB submitted that for Article 70 to be invoked by the President, it was mandatory for Parliament to be able to sit within three months of dissolution.

Ironically in the 2018 dissolution case it was the President’s power to dissolve if the condition of 4.5 years was not met that was challenged in SC.

Fernando pointed out that Article 33 (1) (a) imposed a duty on the President to respect and uphold the constitution. “This is a situation where the constitution is not respected and upheld because one organ of the Government is not functioning,” he explained, adding that the President had a duty to rescind his proclamation when he realized the conditions imposed by the constitution on his power to dissolve Parliament could not be met. “When you have the power you must not abuse it. But in necessary situations you must also use it,” Fernando argued.

The presidential proclamation dissolving Parliament must enable the legislature to meet within three months of the date specified in the proclamation, Fernando told the Supreme Court. An election was not held on the time stipulated in the proclamation and the new Parliament did not meet on the stipulated date. “Therefore the proclamation is unworkable and is frustrated and cannot stand valid in law,” Fernando charged.

During his submissions, Fernando also sounded the alarm about the ongoing withdrawal of public funds by the President which no longer had the approval of Parliament as mandated by the constitution.

“No withdrawal from the consolidated fund can be warranted by the executive without the approval of Parliament,” he explained.

Fernando noted that the President’s power over public finance was limited to the allocation of public finances to the public service. Counsel for the SJB submitted that capital expenses were not used for the public service and therefore the President could not authorize such payments. He cannot also authorize debt repayment because only Parliament has the power to do so. The debt ceiling was also set by Parliament. “Any borrowing that happened after April 30, 2020 is illegal as Parliament has not sanctioned this,” he said.

Soon after Fernando’s submissions were concluded, court adjourned for lunch. (By Chinthika de Silva) 

Related posts:

Fundamental Rights Petition Filed Against Holding Elections

The AG Must Give Truthful Accounts & Fair Representation To All Clients

President Vs. Parliament: Supreme Court Begins Hearings Today

A Country Without A Parliament Is No Democracy: Sumanthiran Argues As Hearings Begin On FRs

 

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Latest comments

  • 72
    4

    Hope all those who voted for this bunch of fascists are happy now. The Rajapaksa’s have duped them all to win the elections. You want a strongman? Be careful what you wish for, you are asking for trouble.

    The country will be unrecognizable, and it will be back to the days of unsolved murders of journalists, activists, white vans, citizens kidnapped, missing, and a reign of terror by one family for generations. They have appointed war criminals, murderers, and yes men, to head the armed forces, and they have racist media to cover their crimes while they attack the minority. Say bye bye to democracy.

    This is the point of no return.

    • 34
      1

      Ashan, you have summed it up brilliantly. What more is there to add? Nothing!
      .
      .
      Since add I must to justify making a comment:
      .
      Government propaganda has made out that the “strongman” using the military has done what no other country has achieved in terms of limiting the Coronavirus: the job is not complete until life is back to “near normal” (with let’s say the mask almost becoming a part of our anatomy).
      .
      The economy must reach viability once more. Right now, money has been printed, food, electricity etc, have been made available through borrowings. How long can this go on?
      .
      If, next week, a panacea vaccine has been developed, then the “curfew strategy” would have worked.
      .
      I sincerely hope that such a miracle happens. It appears irrational. With democracy then will go all that makes life worth living.
      .
      Yes, we may survive as a country – like Haiti:
      .
      https://www.nytimes.com/1971/04/23/archives/papa-doc-a-ruthless-dictator-kept-the-haitians-in-illiteracy-and.html
      .
      It will be a closer parallel than Zimbabwe: 29 years under father and son.
      .
      Thirty-four years later, this is where they are:
      .
      https://www.hrw.org/world-report/2019/country-chapters/haiti
      .
      And that was the first black country to be independent – in 1804. It’s a wreck, but the other part of the island of Hispaniola is fine.
      .
      Please read up.

    • 27
      2

      This country was once upon a time called as the oldest Democracy in the asia. Today thanks to a bunch thugs that have returned to power by misleading grass eaters as is very typical to any tribal countries in Africa, the people s rights are on a threat.

      As of now, none of the parties and even ones within the ruling roudy bunch, know nothing about the financial mgt of the current govt. Day yesterday I happened to watch a political discussion telecasted by SIRASA TV, there what became me even clearer was … they are all no better to those SADU SADU worshipers in millions rushed to Kelaniya Temple, on the 15 Nov 2019 thinking that NAGAYA brought DATHU-Relics were real just because one SIVURU wearing Pinguththaraya (the current chieft Buddhagama Monk, once upon a time, most respected Kelaniya Rajaa maha viharaya).

      If a SIVURU wearing Mudalali – being close to a malicious politician of the day, would make any public statements that would not be bothered by SLAVEs, since they believe, so called BUDDHAGAMA puthrayas though many of them ” political illiterate” are right – I think it is high time, as once MAO did it China, force these psedo buddhagama monks to paddy fields and ask them to do the job to the manna that another most known Pinguththaraya -by Name Samanthaa Badda continues with his slaves in robes at his Mahawewunawa.

    • 23
      3

      SRILANKA cant rule by their own if International community would back its principles.
      :
      This should be very clear to the rulers regardless of their stupid thinking. We are not that powerful as self-proclaimed to be. Hitler in Germany never let other voices be heard but theirs, and robbed all the last powers of its people in that era, if Gotabaya and his bunch of idiots woul dnot respect international community, as a developing country, we will get cornered to the same manner SUDAN or the like countries are fallen into. There are also young good leaders in BLACK africa today that have let their countries be part of the development – because their thinking is no radical as had been before. If OUR so called leaders would not respect COMMON WEALTH principles or any traditional democratic steps, we as 22-milloion nation in that poverty striking region of the world, would not have chance to see it beyond. Basta.

      • 16
        2

        SRILANKA cant rule by their own if International community would NOT back its principles.

    • 5
      1

      But MY Problem is what has so called STRONG man done sofar ?

      6 months gone, since BPs are back to power, not even the little of 100 day program of previous govt is achived. So what happened to WIYATH MAGA BURUWAS ? They just line up to sing the same song as the grass eaters would do – they do wearing soc alled academic titles- my foot.
      :
      I think our PINGONAS would never see it right. Why the nation is fallen to this low level as of now – thanks go to DILIP JAYAWEERA and other KUDU Nalika owner, Drug Master Reno…. with the direct backing of MAFIA boss Mahinda Jarapakshe.

  • 23
    2

    Sri Lankan Judges have a history of sitting in international and other foreign benches, and some of them were actively involved in drafting the Constitution of a few countries. However, based on the present structure and the recent past decisions of the Judiciary in SL, I doubt very much any of them will be called to sit in those foreign benches in the future. The whole world, especially USA, Canada, EU, Australia, India and other Democratic countries are watching the election case in the Supreme Court. If the decision that the Supreme Court delivers boarders political bias to any one side then it would be an opportunity for the countries mentioned above to take action, not only to hurt SL but also to hit China on its face.

    • 15
      3

      Dear Mr Buddhist,
      .
      if the judges would not be insane, no doubt, they will decided against BPs in power. Whatever the rulers have done sofar are beyond constitutional provisions. They are there not to act keeping only what just feel is right. They should have allowed that – disaster mgt act be in place permitting all parties including opposition be part of the representation. Unfortunately, they just rejected it, thinking that handling the issues by stupid family memembers only would flourish it.
      :
      They permmaently believe srilankens are stupid and they could do whatever they can with them. That is the trible mind set. I do believe there will be an another insurgency of 89 nature in this country, with people s unrest growing day by day. Beisides, sl is not a powerful country as selfproclaimed to be. If DONATIONS would not be there, so called SINHALA wiruwan would not even be able to cover a day wages of its own people. There is more than 40% living under poverty even if they thought we are reaching to become mid upper incomeearning nation. These banners for nothing while leaving the poor of the poor from frying pan tothe fire.

    • 4
      8

      What are you tying to say Buddhist 1? If SC gave the verdict to your liking the west will appreciate it. Otherwise west will consider it as politically biased. What kind of silly argument. Both sides are politically motivated. People’s expectation is SC verdict best for them. Obviously one party will get the blessing. No matter what the West wants a manipulative government. Do they care our democracy? You are kidding. All about their own interests. We are a small country. We can not win against them in the long run, however whenever we can we should preserve our national needs. So, you support SC to sell their national interests for own career glory. It is a pathetic expectation for a citizen.

      • 5
        1

        What is “national need” today? The national need today is to safeguard DEMOCRACY and not militarize the state. National need today is to work together to save lives and keep the normal life of the citizen protected and not spend money on big infrastructure projects borrowing money. Borrowing money and printing money is not an issue if it helps the people like most of the countries in the world which have paid salaries of the employees up to 100% in some cases. Those countries have kept the economy running although at a lower level. Unfortunately in SL Gota-Mahinda-Pohottuwa Govt is only interested in winning the election and getting their commission. They cannot even maintain most of the policies implemented even for 3 days as they reverse those policies.

      • 4
        0

        Atu,

        Why WEST OR Anyone is good only if they donate to us the poor folks ?

        Why dont we have no such charactor to treat them with respect ? Why should the edcuated people in my country follow the PARNOIC thoughts of that SCHOOL drop out,
        bastard Wimal Buruwanse ? Who has done nothing to this nation other than thicked his pockets being close to Mafia Boss MR over the last 10-15 years or not ?
        Even if the boy was born screaming out to be a Maxist, but as of today to be considered as just an another SELFISH man of srilanken politics. Wimal Weerawanse or the like should be beheaded to the very same manner real high criminals face it in order to give a chance to whole lot of people in our country. Boruwa – untruths to allow become people s perception – leading to a society filled with ULTRA FOOLS as is the case by today.

        • 3
          0

          Dear Leelagemalli

          Could you name any Sri lankan unselfish politician ? There is no such people. As I said, national interests should come first for any country. I have both western (over 20 years) and Sri Lankan living experience. West is disciplined and measured in approach. They, value human lives. However, their national interests come first when offer help to others.They wan to use Sri lanka as a foothold to balance geo-political situation in the region where China is dominant. That is why they need a manipulative government. Yahapalana Government served that purpose against people’s wish. If you wish for Democracy, you have to accept good and bad. If people’s wish is GR-MR government, you have to accept it and work with people to change their mind. Attacking GR-MR government is not the best approach. Let them perform and prove them wrong after 5 years. This is called bloody “democracy”.

  • 1
    2

    wow that was dramatic. lmfao…

  • 2
    2

    We learned few new English phases & concepts in these cases like Doctrine of Necessity, Untrammeled Plenary Power, Ab initio – void.
    Today’s presentation is from seven PC & SC level lawyers; unlike yesterday’s which was mainly Sumanthiran PC. Today media had given Prominence to SC Suren Fernando’s submission. It appears he was starting on 70 (5) & 70(7) section wherever Sumanthiran stopped yesterday, though 6 other Lawyers too presented in between. By that nature, today’s material doesn’t lend for an orderly review, unlike yesterday’s.

  • 6
    2

    Neither Sumanthiran nor Suren touched that much deep in 150(3), the president’s ability to spend from consolidated fund, for three months from the time the parliament meets first. What the problem seem to be here is 150(3) provision says president can spend from consolidated fund for three months from the day parliament meets first and 70(5) says parliament should meet within three months of dissolution. Though it appears 150(3) staring only where 70(5) stopped, but in reality they both are independent, and not meeting each other on any point. Parliament had a Vote on account in February. So it was lasting until the end of April. Suren is saying president should not have touch on the money from consolidated fund after April. Only way for us to fill the gap between Suren’s time President’s time is we have to assume president thinks he can spend until three months after the parliament is meeting (some time in future, not yet fixed), but Suren is in the opinion that parliament’s is dissolved is void so there is no new parliament, so 150(3) is not legally approved to president in this circumstances. Because new parliament is not going to meet and Old Parliament’s dissolution is ab initio void, only way for president to get money is reconvening the old parliament and has them have another vote on account passed. This what earlier Mangala had argued too; he said if president spent from consolidated fund after April 30th it would be illegal. The actual procedures can more complex than that.

  • 5
    3

    Yesterday Sumanthiran pointed out that 70(5)-(c) is saying that even if the original date in the declaration was changed eventually for some reason, the reconvening date must fall within 3 months of dissolution. EC could not conduct election as president requested. EC cannot consult SC on those circumstances, but has to wait some affected party to sue. But president can consult. But that is not mandatory on president. Options only. President remained not acting; rather he pressed EC to take responsibility. Now there is a constitutional crisis is illuming. President is opening his both hands and saying “I don’t do nothing; I don’t know nothing” – the Mexican workers’ English! President is set up a scenario to appear that he is guilt free. Yesterday Sumanthiran explained that president doesn’t have Untrammeled Plenary Power, a decision in the October 2018, Coup by SC to confirm the CoA’s injunction. That means president cannot act because he has authority to do something; any action should result in beneficial for public. Today Suren has taken the inverse of it. He is saying when needed, president cannot be inactive, not using his authority. This is what they all kept explaining; S70 (7) is there; he must use it and resolve the crisis. He cannot let the Constitutional crisis destroy the democratic functioning of the other branches, but he says” I don’t do nothing” (I didn’t do anything wrong). Sumanthiran is saying he cannot act like a programed robot; Suren is saying he cannot remain as Barbie Doll. He, as the highest authority and responsible for everything, should use the human sense and should respond to the circumstances.

  • 2
    3

    This is good place for think about the Doctrine of Necessity. Suppose the 70(7) was not there and the constitution was silent on a crisis like this, the court may grant a authority to president under a virtual section 70(v), which is not in the constitution, to repeal his proclamation and cancel all the election preparation.
    SC Mohamed, SLMC’s advocate, took a different direction. He said Election commission did not have authority to set the new date for election. This was not much dealt by others. “Ullathaiyum Keduththaan Killikkannan( The EC)” . EC violated the constitution two times: 1). Fixed election date for which it has no power and 2) put it beyond the dead line date, violated 70(5). Those are the actions created the current crisis. I thought for prudence No lawyers may give importance to EC’s ultra-virus action of setting the new date. EC’s by mistake setting it beyond the dead line date is the one now enabling opposition to demand for call back the old parliament. Basically opposition, which itself handed over the government to Slap party, now longing to have the dissolution recalled and they go back to parliament. (Though Sinhala politicians were never true, this time it is different for a change; it is about Covid-19, not about their salary and pension they are aiming at.)

  • 8
    6

    Let DOGS bark the caravan is moving. We saw the 1983 massacre during the time of J.R.Jayawardana

    • 8
      2

      Perera

      Sinkala Lanka holds the World Record for Massacres all commited by Sinkalams.

    • 6
      2

      But Ms Perera for how long ?
      .
      Bp Sirisena did nt have any chance but to hide his tail behind his rear legs immediatedly after SC decision made last time. So MR followed… though he is seen as a LION to you and all grass eating BPs in this country.
      :
      But like or not, you should learn to respect that there are over 50% or now more that respect dignified life styles.
      :
      Can that ever be possible UNDER a leadership of current sort ?

  • 6
    11

    Either way, GR will fix this and dogs can bark… Editor here should not censor comments that are pretty obvious..

  • 9
    3

    Messers Ashen and Buddhist have said a mouthful of facts.
    At the rate that the kallathoni has been ruling since that fateful day in November 2016 is to load his so-called military goons with many a mass crime as their basic qualification into positions for which they have had no previous experience of any sort.
    By the said 2nd June 2020, if the kallathoni of a president along with his rajapuka siblings do not have their way it should be a haho in Maho where the ex-military goons along with their present mates are capable of or are expected to come out all guns blazing to rule this beleaguered bankrupt Kota Uda nation with the help of many a Gunbarrel.
    A major section of the modaya’s who voted for this nincompoop is now starving no job to feed their families will be smashing their heads against heavy concrete or granite surfaces moaning on the stupidest of errors that they have foolishly made by being carried away with all this bunkum of many a frightening racist speeches.
    At least by now, they should realize the gravity of the error of their ways instead of sitting shitting on their brains should vote for the UNP alliance.
    This sad nation should not in any format allow a dictatorship coup to be successfully staged by any of the murderings without any rhyme or reason rajapuk clan, their criminal mates and their illegal power striving gun-toting trigger happy goons in some sorts of uniform.?

  • 11
    4

    The five SC judges are having a coffin in front of them. They have to decide whether to very democratic of the country or not. If they take wrong decision the future generation will not pardon them The recent statements by the president and actions are a clear indication that the country is going towards an Indian state. May Lord Buddha save the island The President is prepared to leave the UN. Did the people vote for him that? I am sure NO. Is he depending on CHINA MAN

  • 11
    3

    This submission by Counsel Suren Fernando hits at the roots of the problem, in my opinion, very craftily created and manipulated by the President and his “Inner Circle”. Did you hear what he said in his speech on the “War Heroes” commemoration day ceremony? He said: ” I will not hesitate to withdraw from any world organization that works to embarrass our soldiers”. Very “Gallantry” and “Authoritarian” in saying ” I”. Does that ” I ” speaks of a “Mandated” authoritarian “RULE” of a President “Elected” by popular votes of 6.9 million and supposed to be representing “ALL” the citizens of the country? Counsel Suren Fernando’s submission on that “DANGER” of losing one pillar of “Democracy”, the Parliament is quite clearly “Mirrored” in this speech of the President. The President has already set up the “Infrastructure” needed for that “Authoritarian” rule and exceeded his limitations of powers of handling Governmental Functions. This FACT too must be placed before the SC.

  • 15
    12

    Oh, my ever loving god!
    /
    The constitutional genius (not!) of Sumanthiran has disappeared from CT pages and a new line from another genius (not!) representing the NGO mafioso Paikiyasothy has taken its place!
    /
    But the arguments are the same.
    /
    This new genius has submitted that “Unless Parliament is functional by June 1, Sri Lanka may cease to be recognized as a democracy”. What codswallop! The whole world knows why the elections could not be held, and this is no threat to our democracy. Britain has postponed council elections by one year. Do they also cease to be a democracy?
    /
    Going back to the dissolved parliament is the hopeless demand of desperadoes who represent that parliament, who have been rejected by the public wholesale. Their inability to win an election (when its held) is no reason to recall the dissolved parliament. This is not rocket science, is it?
    /
    Next, the genius (not) says that “for Article 70 to be invoked by the President, it was mandatory for Parliament to be able to sit within three months of dissolution.” For hell’s sake, how was that going to be possible when the country was in the midst of a pandemic?
    Can’t these geniuses (not!) see that the ordinary Sri Lankans will see through this canard.

    • 5
      3

      Helios

      But the arguments are the same.

      You are right man. CRAP as always.

  • 6
    14

    “Lanka May Cease To Be A Democracy By June 1”

    Best thing that can happen to Sinhale after British left this country.

    Along with the Parliamentary Democracy Bri Tish introduced to Sinhale, they created the right background for Majority Sinhalayo and Wella Ala Demalu brought to this country as slaves by Portuguese to fight. It was those ‘White Coco Roches’ that encouraged racist Wella Ala English educated elites to demand a separate State, although they knew very well that there was no justification for that demand.

    Some of our Sinhala don keee ‘Kalu Sudda’ politicians failed to understand this and got caught to the trap set by ‘White Coco Roches’.

    Everyone knows who was the main International Backer of separatist LTTE Tamil terrorists.

  • 3
    5

    When lawyers argue the supporters of both parties say “Hooray” every time they hear arguments to please their ears. At the end one set wins and other other set will say Judges are biased. This is the circus we watch a laymen every time such an issue comes into surface. The most annoying thing is that they take us as benefactors without asking our consent to use us for their arguments. Now one party says the democracy of the country will be dead after 1 of June without a parliament. As citizens, it is general public would be the users of democratic rights. Has anyone asked us whether we have any problem of not having a parliament? In the constitution says the President can use consolidated fund up to 3 months even after a parliament is appointed. So will it matter for us during this whole 6 months, not having a parliament after the proclamation date? Also the Constitution says that a parliament can run effectively 364 days without having a meeting, as the minimum limit is one meeting per year. Did we as public cried that it was wrong, the democracy is dead, we need the parliament to meet more often? Don’t tell us you guys are the guardians of democracy and we care about public. All these talks are about own agenda.

  • 5
    1

    I cannot expect counsel Suren Fernando to be in the standing of Sumanthiran. As per the article who recognizes which country as democratic and the opposite? Functioning of Parliament is paramount and towards that end, as per the CT report President’s Counsel Sumanthiran has already faulted the Elections Commission in his submission for not being mindful of this. Putting two and two together will the members of the EC be given the boot in the same way as Dr. Jayasundera was once given the boot for starters? We have to wait and see what decision is given.

  • 2
    1

    The Paradox or order, authority and discipline v democratic and civil liberties.

    Sri Lanka is in the cross roads between the promise of discipline, (invoking a Hitler) order and authority (like Stalin) and the established principles of democratic and civil liberties. The third pillar of (equally important pillar like executive and legislature) democracy is given a function to perform. Therefore the Judiciary MUST perform their function in the right way and succinctly. Therefore this case is o joke and the judiciary should think carefully about their responsibilities and not be swayed by the military junta and deliver the right judgement.

    Whilst above is my prayer, I DOUBT this case will not do justice and it will be a judgement to please Gotta. I bet on it given the character and history of the judges hearing the case.

  • 5
    2

    Democracy means government and a strong opposition to represent people. Democracy gives people to make their choices frequently and it is a habit they make changes frequently. In the last presidential election, 60% voted for SLPP and 40% voted for UNP. Members of Parliament represent people of particular area means that they more close to the people who understands their needs. President should represent the country, not the people even though he was elected by people. Majority of people do not know who he is and what is his characters. For example, the current president was not a citizen of this country for many years. Therefore, the parliament is the true representation of people.

  • 3
    0

    I do want to share this info; I am not commenting on the Legal argument put forward by counsel Suren Fernando.

    Justice V. M. Fernando.Judge Supreme court..His son
    Justice H.N.G. Fernando Judge Supreme Court. His son..
    Justice Mark Fernando Judge Supreme Court His son..
    Counsel Suren Fernando…
    Very rare in our Legal firmament.

    • 4
      6

      So what?
      /
      You seem to live in the pre-historic age to believe in such rubbish. (The pen name Plate-O suggests so). You are really clutching at straws.
      /
      Only an idiot will try to look in to lawyers in the family tree to judge on a lawyer’s legal acumen. Colvin R. de Silva didn’t have any lawyers in the family. But this man is not suitable to polish Colvin’s boots!
      /
      The man’s arguments do not show any effect of genes of former judges in the family.
      /
      The petition will be thrown out, together with Paikiasothy!.

  • 1
    1

    With or without elections we are drifting with eyes wide open towards a right-wing military backed rule (if not outright military rule).
    The lack of credibility of political leaders will throw up a strongman or a group of strongmen who will at least initially be acceptable to a public facing a failing economy, political instability and corruption.
    Such a rule cannot be averted by parliamentary politics.
    But defending parliamentary democratic values and the system itself is essential to build resistance against such rule.
    The leaders of the ‘Democratic West’ will be cynical enough to denounce it on the one hand and protect it on the other as long as the regime plays according to its rules in economic and international policy matters.

  • 5
    2

    Lanka May Cease To Be A Democracy By June 1 If Court Does Not Resolve Constitutional Deadlock: Counsel Suren Fernando.

    *** WHO says Lanka is a democray. It eased to be one when the 6.6 million hardcore Racists elected Gotha. judges dont deliver Judgment anymore only Sermon

    • 1
      4

      WUT ? May be you need tell us what you mean by democracy ? Wonder where were all these non racist warriors when Sinhalase and Muslims were kicked out of Jaffna within 24. Where were they hiding ?

  • 1
    3

    WUT ? May be you need to tell us what you mean by democracy ? Wonder where were all these non racist warriors when Sinhalase and Muslims were kicked out of Jaffna within 24. Where were they hiding ?

  • 3
    6

    Then hold the election now. We can’t let these fools to hijack our constitutional right to vote. Suren Fernando and his minions wants to hatch onto the old treacherous Parliament so they can keep betraying the country for few more months on tax payers dime.

  • 1
    1

    “Lanka May Cease To Be A Democracy ….”
    That is the end game of the Rajapakses

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