19 September, 2018

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National List Challenge Returns To Supreme Court

Public interest litigation activist Nagananda Kodituwakku, who appeared for DEW Gunasekara’s rights violation Petition, himself had filed a case yesterday before the Supreme Court.

Nagananda Kodituwakku

Nagananda Kodituwakku

In this action Lawyer Kodituwakku requests the Supreme Court to suspend all National List MPs who had been rejected by the people at the General Elections, pending final determination of this case. The lawyer, citing relevant provisions in the Constitution that warrants cases of public interest be heard by the full bench of he Supreme Court, requests the Chief Justice K Sripavan to nominate all judges of the Supreme Court to hear this case. He claimes that the Supreme Court is under duty to repair the grave damage inflicted on the sovereign rights of the people, whose judicial power it exercises on trust.

The Petition filed in Court (SC/Writs/05/2015), reveals the circumstances under which the 14th amendment, that had clearly violated people’s sovereign right of franchise, had been made law by unlawful means.

There had been a 14th amendment approved by the All party Select Committee of the Parliament after 5 years (1983-1988) of deliberation, and in the Article 99A introduced by the said amendment there is no provision whatsoever for nominating defeated candidates as MPs under the National List by party secretaries. However, it had been clandestinely added to the amendment approved by the Parliament by President JR Jayewardene and he had referred it to the Supreme Court denying the people any access to the said bill which had never been published in the Gazette for the information of the citizens before it was referred to the Court for its decision on the constitutionality to see whether it violates any of the entrenched provisions in the Constitution and require approval of the people at a Referendum.

Evidence filed in Court reveals that President Jayewardene had employed dirty tactics to keep the Supreme Court under check. And in fact according to the report furnished by the International Commission of Justice, President Jayewardene had publicly challenged the Supreme Court for interfering with his policies. He had vowed to teach the judges a lesson and had frightened them attacking their homes with employment of mobs. The report says all this had been done to create a judiciary that is more pliable to his wishes, which he had achieved with the immunity enjoyed under Article 35 of the Constitution, and if not all such actions might well have been criminal offences.

Petitioner states that Judges would have readily observed the violation of the entrenched provision of Article 3 when President Jayewardene referred the 14th amendment bill to the Supreme Court with a new provision (Article 99A) introduced therein, empowering the party secretaries to elect defeated candidates as MPs. However, the judges had succumbed to the pressure brought upon them and had declared that the said provision does not violate Article 3 of the Constitution and need not require approval of the people at a referendum. Yet, the judges have refused to give reason for their determination, which made their decision invalid under Article 123 of the Constitution.

In the Petition it is further stated that no such bill can be made law with a certification by the speaker unless certified by the Executive President after people’s approval is obtained at a referendum. Therefore the Petitioner argues that the said amendment has no force in law at all, effectively nullifying all appointments made from the rejected candidates under the National List provision void.

The Petitioner submits that no amendment that violates any of the entrenched provisions, which include the franchise (Article 3), can be made law unless people surrender their sovereign rights at a referendum, which is mandatory under Article 83 of the Constitution, which had never occurred in this case.

Therefore, the lawyer and the public interest rights activist, Nagananda Kodituwakku asserts that any law enacted in violation of the Article 83, would not become a valid law, as provided by 82(6) of the Constitution.

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Latest comments

  • 4
    0

    Good on you Nagananda Kodituwakku.

    Keep the flame burning.

    National list candidates are a sure fire way to corruption of a gross scale and is a caricature of due processes of a democracy.

    If persons unelected by the people become their representatives why do we go through the election process at all. And in such large numbers. This corrupt practice must be done away with and the relevant amendment to the constition should be repealed whether JR instituted such amendments in his usual Machiavellian style or not.

  • 5
    0

    Nagananda is great. Like Winston Churchill he fights them by Air,by Sea,by Land!

  • 8
    0

    What the writer says is absolutely correct. We the people of Sri Lanka have no trust in confidence in justice system of Sri Lanka. This is why international community says that foreign panel of judges shall inquire into war crime charges. Because our judges have their private agendas over their public duty. They will do anything to get a high profile appointment after their retirement. This is the situation which is sad but true. Our judicial power is continued to be abused and we’re betrayed. This is the very reason for the corrupt politicos to play hell in this country!

  • 6
    0

    More strength to your elbow Naga to expose and stop those who violate all laws in the name of yahapalanaya.

  • 4
    0

    good on Nagananda. You are the only hope for this country now.The so called yahapalanaya president has become maitripalanaya president thinking just like his predecessor that he owns the country now and can do whatever he wants regardless of what people think.He made ministers of those who were rejected by the people because he can do it.Show him he can’t.

    Also don’t forget to continue the dockyard case you filed against the former Cheap Justice.These buggers must get the message that once started it never stops.If you start and stop,start and stop new fellows who are thinking of abusing the system will start to get the idea that things will always blow over over a period of time.So continue the momentum on that smart ass professional and keep up the pressure on him so that professional standards will be maintained in the future.We will never become a developed country if the educated people too start joining the bandwagon and rape the country.

  • 5
    0

    Sripawan and other judges in the Supreme Court occupying the office today, has no right whatsoever to defend the absolutely wrong decision made by the Supreme Court in 1988, betraying the people’s judicial power.

  • 4
    0

    When this 14th Amendment was referred to the Supreme Court, why did the judges refuse Sri Lankan citizens any opportunity to challenge it? I can’t believe it because they’re excising the people’s judicial power, not the President’s power.

  • 3
    0

    SL Citizen.

    The 14th Amendment was referred to the SC no doubt:By whom another son of a former SC judge- JRJ!

    If one sits back and reflects what went wrong with this country,all roads lead to Braemar-Ward Place Colombo!

  • 2
    0

    Oh Mr. Kodituwakku, you reminds me of someone… Someone who said this… “And then many things became very clear… we learned perfectly that the life of a single human being is worth millions of times more than all the property of the richest man on earth.” Guess who…

    We need people like you…

  • 3
    0

    “Every person has the truth in his heart. No matter how complicated his circumstances, no matter how others look at him from the outside, and no matter how deep or shallow the truth dwells in his heart, once his heart is pieced with a crystal needle, the truth will gush forth like a geyser.”

    God bless you Mr. Nagananda… Do not give up… This country needs you…
    Wish you all the best…
    Joe.

  • 0
    0

    If this petition is upheld by the Supreme Court can somebody enlighten us on the position of previous MPs who were appointed on the same basis and paid by the tax payer.

    Also why DID NOT Mr DEW Gunasekera raise this question during the last government when he was a powerful Minister.

  • 1
    0

    Can somebody enlighten us. If this is upheld what is the position of MPs appointed on this basis by previous governments and paid by tax payers?

    Why couldnt Mr DEW Gunasekara raise this question during last ten to fifteen years when he was a powerful Minister?

  • 0
    0

    I went through the petition and I saw the ruling given by the Supreme Court on the national list stating that party secretaries nominating defeated candidates would not violate people’s sovereign rights.

    Even a primary court judge or any person with the common sense would not arrive at this kind of a foolish decision making. These spineless fellows have absolutely betrayed our sovereign rights to the executive that they worship day in and day out.

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