Ex-Chief Justice Sarath N. Silva says he was waiting for the opportune moment to reveal President Rajapaksa‘s disqualification to contest for a third term as exposing it prematurely would have enabled the President to bypass the legal conundrum.
Silva made these remarks during an interview with Newsfirst last night. He said President Rajapaksa implemented the 18th amendment upon being elected for a second term due to faulty legal advise that kept him in the dark concerning the constitutional barriers.
“Rajapaksa is craftier than I thought he would be – he was lying in wait patiently until he was elected for a second term. So I did not wish to raise the issue then but brought it up now when he the necessity has arisen,” Silva said.
Silva announced a few weeks ago that President Rajapaksa became constitutionally disqualified for a third term on the very day he was elected for a second term. He has noted that he would take legal action personally if President Rajapaksa wishes to seek a re-election for a third term.
This fact has been confirmed by an Australian legal expert Suri Rathnapala who was consulted by the Bar Association of Sri Lanka on the matter.
BBS Rep / October 21, 2014
Vladimir Putin found a way to keep governing though the Russian constitution barred a third term to the president. He became the prime minister under his stooge Dimitry Medvedev and come the next election he is president again.
I am sure the super crafty MR will find a way to stay in power, Sarath Silva’s dubious trump card or not.
Raj / October 21, 2014
Sarath Silva is suffering from the “irrelevancy syndrome”, like Chandrika. They are people used to state privileges (drivers, cars, residences, allowances by the tax payer), always on the look out to get those things back by hok or by crook.Sarath has been trying to be a Buddhist scholar too.
Raja will now release the details of sarath Silva feeding someone lolipop inside his official car near Diyawanna oya to silence him.
what is he going to do then?
Aney Aney / October 21, 2014
Raj, the Diyawanna story appeared in the Ravaya with details of the lady conce.fned.There are or were people in politics in Sri Lanka who had the mother and her daughter as temporary wives.Ours is a shameless nation. Whatever is exposed SS will laugh it off.
I am waiting to see whether SS can push 44th man against the wall. 44th man is also shameless.
Puhul Dosi / October 21, 2014
Well Raj, I’d rather suppress a giggle at the ex-CJ feeding a sweaty and limp lollipop to some comely thing in exchange for a shekel or two ‘on his way home’ than countenance another term with the bogus King at the helm. Whatever dirt MR has on the ex-CJ cannot affect the point of law that he now unearths. Of course, all sorts of terrible events are possible (and haven’t we seen these before), but unlike in the case of witness-silencing, the law of the land will endure through the legal process that seems imminent to divest the bogus King of his self proclaimed entitlement to another shot at the throne!
Poor Professori G L Pappa who framed the 18th Amendment…. poor sod must be quaking in his boots at the unmitigated wrath of the King….. I can imagine the scenario being enacted in the royal chambers with jack-boot being placed on professorial rump time and time again. At least the poor bugger’s haemorrhoids will be placed firmly within his bottom end as a result!
srilal / October 21, 2014
look every body is aware of that “Diyawanna oya” adults only drama and that is why he got this “Gedara yana gaman” nick name , futher more Vicor Ivan was instrumental in publishing Sarath Silva’s all dirty dark secrets through his weekly news paper “Ravaya” and that infamous book , basically there won’t be any thing new or sensational about him any more, nevertheless as you rightly say regime would go on its usual mud slinging campaign against SNS , but would that able to stop SNS’s strong legal point , as SNS stated MR can’t seek a third term , there are two legal obstacles preventing MR’s candidacy , and he is disqualified , period !!!!!!!!!!!!!!
what ever said and done about SNS , he has highlighted an extremely important legal point which no one can deny and now MR can consider that he is an extremely lucky person to have a CJ like Mohan P .
Real Peace / October 22, 2014
Provided Sara shares the lollipop consumer with Raja and keeps Raja out of the election, everyone will be happy. After the election is over, Sara can apologise to the Nation for sharing the lollipop consumer with Raja!!!
aratai / October 21, 2014
So, who is next on line for the throne?
Namal? Gota? Basil?
Amarasiri / October 21, 2014
“So, who is next on line for the throne? Namal? Gota? Basil? “
This is the pecking order for the Rajapaksa Dynasty, unless people get Common Sense.
2015- 2021: President Mahinda Rajapaksa
2015- 2021: Prime minister Basil Rajapaksa
2021– 2027: President Basil Rajapaksa
2021- 2027: Prime Minister Namal Rajapaksa
2027– 2033: President Basil Rajapaksa
2027- 2033: Prime Minister Namal Rajapaksa
2033– 2039: President Namal Rajapaksa
2033 2039: Prime Minister ???? Rajapaksa
2039– 2045: President Namal Rajapaksa
2039- 2045: Prime Minister ???? Rajapaksa
Saman / October 23, 2014
All Rajapakses are playing Russian Roulette with politics and people who will either end up in Southern Nanthikandal Harbour lagoon or could be the Presidents and Prime ministers in the Prison in Hague.
aardvark / October 21, 2014
Ben Hurling / October 21, 2014
Do we have a constitution or a rotten fruit salad?
Every Tom, Dick & Harry has tinkered with that document so many times, so frequently, what we have left, it seems is a bloody mess.
Otherwise why would we have such a debate now?
Which stupid country calls a Presidential election 2 years before it is due?
Which power hungry ruler holds 9 provincial elections one by one? To satisfy his dynasty building needs?
A total Banana Republic!
CHANAKYAN / October 21, 2014
In 83 years, SL has had 4 Constitutions. The 4th one had 18 Amendments in 26 years. Now the 5th one is contemplated.
US in 225 years has had 27 Amendments.
The difference between clear minds and scatterbrains.
aratai / October 21, 2014
If Srilankans doesn’t know how to write or interpret their own constitution, who will?
Why don’t they hire Chinese company to do this?
Amarasiri / October 21, 2014
“If Srilankans doesn’t know how to write or interpret their own constitution, who will?”
Do you think it has something to do with the I.Q. of Sri Lankans, of around 79?
National IQ Scores – Country Rankings
1 Singapore 108
2 South Korea 106
3 Japan 105
4 Italy 102
5 Iceland 101
5 Mongolia 101
6 Switzerland 101
7 Austria 100
7 China 100
7 Luxembourg 100
7 Netherlands 100
7 Norway 100
7 United Kingdom 100
28 Guatemala 79
28 Sri Lanka 79
28 Zambia 79
29 Congo, Democratic Republic of the 78
29 Nepal 78
29 Qatar 78
Native Vedda / October 21, 2014
“Do we have a constitution or a rotten fruit salad?”
We have Mahawansa.
If there is a conflict between constitution and Mahawansa those clauses enshrined in the latter takes precedent.
Saro / October 21, 2014
Present de facto CJ who is a close friend of the president as you were then, will certainly make the same mistake of letting him off the hook. We know well why this person who not only declares his personal knowledge as an evidence against defendants in the trial but also lies in favour of the government. Sri Lankan justice has become a laughing stock of the civilised democratic world.
Sun / October 21, 2014
Number one liar of the nation – is Mahinda Rajapakshe. He makes every efforts to turn black to white. People yet to get the danger of this man.
TO this day, what has MR achieved nothing but fooled the poor by his popular rhetorics. Not the single signs are seen whether we at all find soltuio to the ethic problem of the people. Instead they are still being deceived. People sfunds have been abused sofar as no other leader did. Victor IWAN has to start writing his novel on the nation#s number one looter.
leelagemalli / October 22, 2014
This is very right when looking at the manner that he is going to contest the PE thought constitution says something else.
Local and internaitonal Lawyers should go on protesting but in this banana republic seem things get electroshoked for some reaons. Why cant the professionals and lawyers go to streets and ask the man in power to work compliant to the constituion.
Those in power today are far from all ethics and morals are made clear by the war end. We dont need betray sinhalaya but world court must react immediately to save this nation from an another beoming Mugabe. We enjoyed at least good values in the past than under MR regime. Latter we must not forget forever.
vishvajith / October 21, 2014
You my dear Sir, will be remembered as an enabler of the regime.
Do enjoy, your place in history, while living.
Mark / October 21, 2014
The legal argument is very good the man making the argument in the supreme court being a former chief justice will add more weight to the argument. However, our supreme with or without Mohan Peiris is still a stuffed up mess created to do the corrupt bidding of the Rajapakshes. Therefore, even though there is an eminent case to be, making it is a waste of time and money. The result will be the same. To even think that our supreme court will stand in the way of Mahinda is wishful thinking. Also, a verdict given in favor of Mahinda’s third term will nullify any further arguments about legality of his third or future terms thereby sealing this issue for good.
Javi. / October 22, 2014
but do not forget Obama and the administration gave a piece of their mind to him about 3rd term. If he does then he is following the al-Gaddafi way of death very quickly because Russia is in a hole, china would look the other way except Hindia which would sell like after 9/11- logistics.
Kumar R. / October 21, 2014
It is such a shame that these high-officials knowingly do exactly the wrong thing while they have the responsibility, and then after their responsibility is involuntarily terminated, they want to champion to put things right! Kind of too late – isn’t it?
Cases in point: Sarath Silva, Dayan, Rajiva, Sarath Fonseka, Chandrika, etc.! What an irony; what a tragedy, and what a travesty!
Pot Shot / October 21, 2014
Sarath N Silav, Sarath Fonseka, Chandrika, Mangala, Prabakaran all fell for the crafty ploys of MR. Nonis is the new victim. Sarath N Silva is now trying to make RIGHT what he did WRONG by giving an incorrect ruling in the Helping Hambantota case. He should have slammed this corrupt rascal then. When they get discarded by MR all of then want to act clean and honest. This culture in Sri Lanka must stop. I am waiting for the day Wimal gets disposed by MR. It will happen for sure and then lets see what he says about MR and all the unpatriotic inside dealings.
Pot Shot / October 21, 2014
If Sarath N silva fails in his quest to stop the President this is how it will be done this time again.
This is UPFA General Secretary and Environment and Renewable Energy Minister Susil Premjayantha statement in part in the Island today. What spin doctors these guys are. The government can twist and turn people’s opinion with blatant lies and it just beats me.
“Responding to a query, Minister Premjyantha said that the government had no intention to sling mud at the UNP but that party obviously had a hand in the recent decision taken by the European Union to lift the ban on LTTE.
Premajayantha stressed that the past actions of the UNP and Wickremasinghe’s recent visit to London and his meetings with pro-LTTE lobby groups had shown that the UNP had given assistance directly or indirectly to them.
He claimed that the LTTE had emerged stronger when the UNP was in power.
Accusing the UNP of having created a Tamil Diaspora the minister alleged that the then government of J. R. Jayewardene had not taken timely action to prevent attacks on Tamils in the South in 1983 and Present UNP leader Ranil Wickremesinghe was also a Cabinet Minister of his government”
Harry Hatton / October 21, 2014
Sarath Silva has no idea or is deliberately destroying the hallowed concepts of being a judge. It is very cheap to behave like this. The criticism of MR could be accepted from sources who are known for their integrity. But sarath Silva is not one of those.When he was CJ no one could get justice. A self opinated man in love with himself. I think he insults religion when preaching Buddhism.If the people want MR again that is their problem . I hate to see people like sarath silva making complicated legal arguments just to have their way.
Navin / October 21, 2014
The Harrya must know that Buddhism does not need help from Sarath Silva to get insulted. When this religion is commanding pigs like Nanasara among other things to remain celibate, while not providing for investigation and punishment, it is self evident that that religion is stupid. Is it not a self-inflicted insult?
Ambedkhar Reborn / October 21, 2014
Mr Silva Ex – CJ,
GOTHA went to his ancestral land Hindia recently.
Hindian Dr Swamy ( who has recommended MARA for BHARATH RATNA ) and MaRa and GoRa may be waiting for the opportune moment to fix you.
Be alert and be prepared to go to International Court of Justice.
May triple gem bless you and protect you from Subramania n’s Vel ( Spade ).
I wonder Rajiv Ghandi, Manmohan Singh, Narasimha Rao or Vajbahai or Modi got BHARATH RATNA.
Davidson Panabokke / October 21, 2014
MChinthana2010 says Executive Presidency would be removed.
Once elected, MR removed term limits byintroducing 18Amendment!
What did DS Senanayke tell the Tamils before independence: ”Don’t fear. We won’t harm you. Do you still want to be ruled by the foreigners?”
Alas! as soon astheBritish left the shores, oppression began beginning with disenfranchisement of upcountry Tamils. ….. Sinhala Only ………. pogroms……….”
Ansar / October 21, 2014
Sarath let him off the hook in the Tsunami Fund embezzlement case and since then it was a cosy ride for Swindler MARA with the blessings of a FOOLISH MASS, including some of the so called intellectual fools who rallied round him like idiots not knowing that a character of a swindler will never change but only will get worst with power.
Now he is trying to redeem the situation, but can he?
This Swindler has now become a Mass Murderer,Liar,Plunderer and a Racist to the core and can never change his style and be a part of a normal human being any more.
So the only option available for him,his family and all their cronies and henchmen is somehow cling on to power and have a safe haven.
Mark my words, this Monster will open the gates to hell in Sri Lanka if he is threatened with the loss of power by inciting the masses into chaotic conflicts in the bogus name of patriotism and communalism.
Be prepared for the worst case scenario, especially with Police and the Armed Forces in the hands of GOTA the goat, another criminal.
K.A Sumanasekera / October 21, 2014
This Dude thinks he is the smartest ever to toinhabit our Thambapani….
Mallaiyuran / October 21, 2014
Somebody in Anura Kumara camp has been arguing that King took oath for the second term before 18th, so that 18th that came after that will not bind the oath that was preceding. Well, Chief Jester has said that the 18th, though not properly instated into the text of the governing legal body, in fact it existed outside the books even before the oath and The Chief Jester has been playing a tricks to bring downfall to King by purposefully sabotage some processes.
Though all these times everybody has been thinking this Chief Jester was playing buffoon game, now it is confirmed, that is not the case, he is mentally cracked. This JVP terrorist has mentally cracked. He is self-incriminating in dangerous crimes. Nobody should be putting him in Fonseka’s empty cell just because it is free. He urgently need some mental help because of the crave to publicity. Please some somebody admit him in Angoda. His mental condition appears to be very serious threat to public safety.
(The truth is he has been employed by King to mess up whoever would try to issue a legal challenge to the 18th amendment. That is good news for us who look at Lankan politic for evening entertainment and relaxation)
shankar / October 21, 2014
mahinda has 2 choices.
1.get a ruling from cheap justice and get on with the election.
2.abolish the presidency and revert back to primeminister.For that he has to say something to save face and show that he is not doing it because he has to due to the inability to contest a third time.So he has to say something like if the tamils renounce eelam he will abolish the EP.
the third one like what putin did will not happen.If you look at srilanka’s history a king cannot even trust his own shadow.
mike / October 21, 2014
“…a King cannot trust his own shadow”.
Leave his shadow aside, our King does not trust his own son Malaka Rajapassa??
shankar / October 21, 2014
must be because he remembers kasyappa.
Saman / October 27, 2014
In Sri Lanka’s history only a very few Kings had Natural deaths. They were mostly either murdered by rival kings or by their nearest family members or relatives.
Who could be next……
Reka Silvia / October 21, 2014
Reka Silvia / October 21, 2014
Bensen Berner / October 21, 2014
After Neville Samarakoon there has been no Chief Justice of any note. Samarakoon had to leave quite unceremoniously and quite undeservingly. Bensen
Justicia / October 21, 2014
He is a SOB for what he did to democratic values by giving legal sanction to Parliamentary cross-overs, stopping “Helping Hambantota” investigation, etc. However, if his conscience pricks him and wants to do some justice let him try. Whether he succeeds or not, he still is a SOB.
Victor is another SOB. Though he wrote “Bandit Queen” he is sucking to MR and does not want to write anything about the “Bandit Dynasty”
If what Prem-Jayant says has any currency: “but that party (UNP) obviously had a hand in the recent decision taken by the European Union to lift the ban on LTTE” Does the government acknowledges that the UNP is so powerful in the international arena?
K.A Sumanasekera / October 22, 2014
This ex CJ is so smart that he waited until the Prez declared his hand to tell him that it is not legit..
And he is going to wait until the election is over to take the Pez to court and abolish him ,
May be can demolish the Presidency as well,
And the ex CJ wants to keep us guessing, until the election is over to divulge it, I guess.
Shouldn’t we feel sorry for the Leader of the once great party the UNP working 24/7 and travelling all round the world to do the same, ,which our ex CJ is promising to do by himself and single handed?.
If the Grape Vines in Kurunduwatta are correct, the great Opposition leader, who couldn’t do it for two decades , is now in Singapore.
He is trying to get the South East and South Asian LTTE outfits to support him, following the deal with the Reverend and GTF in London.
Even some Ministers of Mahinda have flown to Singapore to meet with the UNP leader, say the UNP spokespersons in Cinnamon Gardens…
Surely these Ministers cant send the Fine Dining and Expensive Spirit tabs to the Prex Sec. as expenses incurred on Govt Business.unlike the Alternative Policy Dudes of the Opposition who get refunds from Western Tax payers.
Tamil from the north / October 22, 2014
Hey Sumanasekeram, I never knew a fool, this stupid as you. My God, all your comments have a hint of LTTE, Dalits, Vellalahs (High caste amongst the Tamils), Anglicans…..etc. This is an article about ex-CJ Sarath Silva and you bring the damn LTTE in there. What a bloody clown, are you so bloody stupid to understand not to write things, which have no relevance to this article.
Pot Shot / October 22, 2014
Since the headline of this article can be interpreted in two ways its better read “MR Lie(ing) in wait……….”
Dr M.L.Najimudeen / October 22, 2014
Whatever the opinion of top class legal experts of not only in Sri Lanka but all over the world, the supreme court verdict will be that Mahinda Rajapakshe can contest for the 3rd and 4th term.
Insidently Sarath N Silva also made mistakes in Help Hambantota, crossing over of MPs from opposition to government to earn money and many other instances
Lasantha / October 23, 2014
If I am not mistaken, the above photo was taken in a funeral house during a funeral.
Since Pres.MR did not see ex.CJ Sarath Silva for a long time, he wanted to show to public that they are still in good terms. Smiles count them all no matter where they met.
But only later Sarath Silva knew the true colours and duplicity of Rajapakses and by the time he figured it out it was too late.
Anyways there’s a saying that who ever who breaks the pot has to fix it, and now it is Sarath N. Silva’s turn to fix the pot he broke.
Sarath N. Silva also could call in for or could get help from Internationally recognized Law firms on his point and all other constitutional related matters to get their opinion and to justify his argument and to publish them. Many of them could render their help free if asked.
I think even CT could ask for their free opinion and could publish them to the readers.
Sarath N. Silva or CT any other Sri Lanka’s constitution related Law crazy Curious George could email the necessary paras of our constitution to any Law firm around the world and could get their opinion and publish them.
We citizens are awaiting curiously as to the outcome of the verdict.
All I could say is holding a Presidential election Two years in advance is an utter Crazy thing and the huge waste of public money, time and the burden to our economy is unbearable. There are too many elections and politics than real production, economy, service and work in Sri Lanka.
We citizens are awaiting for justice.
Sylvia Haik / October 25, 2014
Sarath N. Silva has made questionable judgements in his day and would not have made this particular analysis had he been still the CJ licking MaRa’s boots. However, he is indeed correct that MaRa is disqualified but the regime would ride roughshod over it same as Gaddafi, Saddam Hussein, Idi Amin, Pol Pot, Mugabe or Hitler. Until the villagers debunk their superiority status instilled unto them by the BBS and get the true message, they will keep electing this tyrant dynasty to the detriment of the whole innocent nation.