14 November, 2018

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National List Is Not A Case Of National Importance: CJ

The Supreme Court refused the request for a full-bench hearing for the National List case. “I am of the view that the matters involved in this case are not of General and Public importance. Hence the request made in terms of Article 132 (3) (iii) of the Constitution is refused” Chief Justice K. Sripavan said.

Chief Justice K. Sripavan

Chief Justice K. Sripavan

“People’s outcry and disgust overwhelmingly expressed about blatant violation of their sovereign right of franchise guaranteed by the Constitution (Article 3) was understandable. There is no doubt that party secretaries cannot exercise people’s sovereign rights, without a mandate been obtained from the people at a referendum to appoint rejected candidates as MPs to the Parliament, through the National List provision in the Constitution (Article 99A). And there was no referendum held in this regard which was a must and hence any law enacted in violation of the mandatory requirement (Article 83), as set out in the Constitution has no force in law and shall not be deemed to amend the Constitution [Article 83 (6)].” Public Interest Litigator, Nagananda Kodituwakku told Colombo Telegraph.

The Petition filed in Supreme Court, which was published in the Colombo Telegraph, is amply supported with abundance of evidence that speaks volumes about the commission of a serious fraud by all three Organs of the Government, the Legislature, Executive and five Judges of the Supreme Court, who had contributed for the insertion of the National List Clause (Article 99A) (surreptitiously introduced through the 14th amendment to the Constitution in 1988) bypassing the mandatory requirement of obtaining a mandate from the people.

The Judiciary of the Republic of Sri Lanka exercises judicial power of the people on trust and is under duty to uphold, protect and vindicate the rights of the people, protected by some entrenched provisions in the Constitution. Therefore, considering the National importance of this case, which had affected the sovereign right of franchise of all citizens, Counsel Nagananda Kodituwakku, made a request to the Chief Justice, Mr K Sripavan, in terms of Article 133 (3) (iii) of the Constitution for appointment of all the judges in the Supreme Court to hear this case, particularly considering the betrayal of people’s Judicial power by five Judges in the Supreme Court purportedly under moral duress.

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Latest comments

  • 25
    3

    Your Honour CJ Siripavan,

    “I am of the view that the matters involved in this case are not of General and Public importance.”`

    1. What the heck does that mean?
    2. These matters are not of importance to the public? Then what is?

    We, the stupid public would love to know!

    Cheers!

    • 14
      6

      If the petition is not an public interest. .what about the general election. .then election also is an null and void.

    • 12
      1

      Is the CJ correct in deciding in not allowing a full bench to decide on the National List matter by confining it to ‘his view alone ‘ and say that it is of no public importance.
      How did he decide that defeated candidates are entitled for appointment under the Nationalist List despite knowing that the provision for it under the 14th Amendment was included in the constitution in 1988 surreptitiously bypassing the requirement to obtain the people’s mandate?
      Has he any convincing reasons for basing his decision?

    • 11
      2

      Ben, this is typical “double talk”. I thought this new CJ will prove to be more like a Judge. What to do? It may take a few more years.

    • 10
      0

      ‘“I am of the view that the matters involved in this case are not of General and Public importance.”`

      This should be the joke of the day but its not funny.

      Parliament is the representative of the people and not of those that were rejected by the people.

    • 0
      2

      Puppet CJ can read back only what Ranil Mahata wrote and gave him. He will put these questions to back Ranil Mahata and if replay we would read it back to you. Remember The Old King put a drama in parliament as CJ impeachment, but Ranil Mahata hired Sumanthiran to fire out two CJs in one shot?

      ” There is no doubt that party secretaries cannot exercise people’s sovereign rights,” We are in the opinion that party has a right to decide, and it may have to be properly constitutionalized. The whole thing of selecting(or appointing) MPs in the General Election and the process of National List are all is a comedy of JR to ensure that never ever a Tamil become to opposition leadership, once he had sacked A.Amirthalingam from opposition leadership. General Elections must be opened up for people to decide exactly who is the one to go Parliament. This will not work as Sinhala Intellectual will not change the constitution back again to return the rights to Tamils once they had been stolen from the Tamils with a constitutional amendment. When that is stolen by a Sinhala Intellectuals’ government and it claims that Tamils do not have sovereignty, but just subordinates to Sinhala Intellectuals’ governments, then that can not be matched by average Tamils mass in proportional election. An intelligent decision making chance to be vested to the pasty they trust.

    • 0
      0

      My Lord, CJ,

      I read all 22 comments up until now,

      It looks, you may be found faulty for not allowing full bench to here this case.

      It looks, it’s not clear what really constitutional provisions governing this National List, with all those referendum supposedly provided for in the constitution.

      So it’s Supreme courts’ pronouncement, this country looks up to .

      It looks , if I may suggest so, it may perhaps look good , if SC pronounces, defining what National List is all about, which shall have no effect on already nominated national list MPs.

  • 17
    0

    To expect values,institutions and systems destroyed over several decades, can be restored in one year is a pipe dream. The men who manage our affairs are all products of the rot that started setting in soon after independence and accelerated with time. I am happy to the extent that public opinion has become more assertive and the high and mighty
    are being questioned at all levels of society. This is the most important progress we have made in the past year. I pray that this trend will continue to strengthen.

    Dr. Rajasingham Narendran

  • 13
    0

    Ben Hurling

    We have no right to demand good democratic governance nor do we have the right to exercise will of the people simply because you know we are the “stupid little islanders”.

    • 0
      0

      At last NV accepts that islanders are stupid.

      • 0
        0

        depota nayyas (dual headed sloth snake)
        that is what makes the islanders the canny ` foolish Buddha` ,
        leaving the rest to the heavens.

  • 15
    1

    Sounds familiar! And we actually thought the Judiciary would be cleaned up by Yahapalanaya.

    Same old same old …

  • 9
    3

    Court is biased.

  • 8
    1

    Mr. Ben it means politics is often short sighted and seldom focused on the majority. .

  • 9
    2

    Thoroughly disgusting, to say the least.

  • 7
    0

    The CJ probably feels that to negate the decision of the 1988 Supreme Court bench would set a precedent and would be quoted in future in matters of appointment of Members of Parliament.
    Appointment/Selection of names for National Lists of Political Parties is a matter for the office bearers of these parties – maybe the thinking of the CJ.

    Most citizens will not approve defeated candidates entering parliament via the National Lists of Political Parties.

    A worse provision is one that enables MPs to change parties after
    being elected.

    In the old days, resignation of an MP from a party, led to a by-election.

    • 6
      0

      Time has come to change the election laws ‘to prevent an elected MP from crossing over to another party by abusing and dening the right of the people who voted in support for that party.
      Such an MP should be required re-contest, and if elected to parliament at a by-election, can be permitted to continue in the party he/she has crossed over to.
      Will the Yahapalanaya govt .make the necessary change?

  • 5
    0

    MPs from the National List should be apolitical, honourable, educated men/women – from outside the snake-pit of dirty politics – who can strengthen the Parliamentary form of governance. Why did our leaders allow the despicable rascal Kudu Mervin’s ill-educated wife become a National List MP. There were many such outrageous appointments like
    this.

    There is a valid case where this matter should be carefully reviewed by an appropriate panel so that rejected politikkas do not contaminate the system by becoming MPs/Ministers.

    The ex-Customs man Nagananda Kodituwakku has raised a vital question of immediate public importance. Both he and the popular blog- journal Colombo Telegraph deserve public praise for the discussion.

    Backlash

  • 7
    1

    For Sripavan, CJ post is winning a lottery!

    Ranil chased Mr Mohan Peiris out and installed Shirani Bandaranayake only for 24 hours to have her name cleared and go home. If she were permitted to remain in office she would have been the Chief Justice for another 8 long years. Sripavan is expected to retire in 2016 and would never have got a chance to become the CJ

    Now it is Sripavan’s turn to pay back his dues to Ranil and keep of defending the government at the expense of people’s rights whose tax payments are used to pay his salary.

    What a shame indeed, Mr Sripavan!

    • 3
      0

      we have seen several Tamils like him before who come out to bail the ailing Sinhalese from rot.

      don’t worry for Pavam,its the beginning of a future diplomatic posting.

      don’t forget these fellows are the real government servants that take the backhanders, scholarships etc for their very own.- nothing about it has ever changed for 70 years.

  • 6
    0

    My Lord Sripavan

    You are not the CJ for JR, MS or RW (Mohan Peiris for MR and according to Hansard he has pleaded to be the RW as well promising to give any judgment the way RW liked).

    You are the CJ for the people of this country. All are aware that National List is a massive fraud and a betrayal committed by JR with RW as a Cabinet Minister.

    Now you say that National List is not a public matter!

    Are you out of your wits, Mr Sripavan?

    Read ‘Bhagavad Gita’. It says ‘In the unavoidable discharge of your duty you should not lament!’

    Please act according to law of Lord Siva. And be a Hero (not Zoro) for not only for the minority Tamils but for the majority Sinhalese and the entire Nation!

  • 4
    0

    I’m sure the late Sriskandaraja J, the President of the Court of Appeal will be remembered for ever for his upright decision making at a time when other Judges licking the boot of the Rajapakse regime.

    Now another Judge from the Tamil community (Siripavan) has the opportunity enter into history in the same manner. ‘National List case’ is a chance in a life time to a CJ to show his mettle and bring honour and to demonstrate the world that Sri Lanka has an independent Judiciary.

  • 2
    0

    A Full Bench hearing on the issue of the National list has been been refused by the Hon:CJ.This matter is not of General and Public Importance.Well what that means is that all those defeated MPP,who crept into Parliament on the National List,are inconsequential! What next? They all should resign voluntarily.They have no MORAL right to continue as MPP!
    Thank you Nagananda for taking this issue of,what I feel is of Public Importance.

  • 4
    0

    Once upon a time there was an island in the Indian Ocean. Kings after Kings cheated and robbed the people by making laws benefiting only their in-laws.

    The Judges in there ‘naked’ dresses endorsed the Kings in all aspects.

    Then came a Judge called ‘Siripavan’ and he declared from the Bench “Leaders once rejected should not be called back”

    Oh!

    What a dream indeed!

  • 1
    0

    Honourable .
    Importance of voting in order to foster democracy is the utmost privilege and voting to elect representatives is an inherent element of every form of democracy including the national list candidates. To discount this process is an insult and indicates not understanding the essence of the democracy.
    By this decision it indicates the self-interest for the perks. By voting we are making our voices heard and expressing our opinion on how we think the governments should operate

  • 1
    0

    With a mere keyboard we the laity cannot become judges. We have to learn to live with the structure of governance without dictating terms to everyone at every turn.

  • 3
    0

    Another lackey and a lickspittle! The Chief Jackass sucks….

  • 0
    0

    “not of General or Public interest”.

    This is the mother of all pathetic excuses that this errant CJ could come out with. CJ Siripavan, both you as well as the public know that with that statement you have treated the public with utter contempt. The public also know that you are carrying out orders from a higher authority, the ‘yahapalanaya’ government morped into ‘yamapalanaya’.

    Shame on you. Shades of Mohan Pieris – disgraceful.

  • 1
    0

    The President / Parliament of Sri Lanka formulates national policies to deal with the country’s prevailing issues. In the current parliament, the National List has been “constitutionally manipulated” to distort the peoples’ will expressed at both the January presidential and the August 2015 parliamentary elections. How could a Chief Justice legally interpret that the National List that is manipulatively used to develop government policies that determine the future of Sri Lanka and its future generations, is “not of General and Public importance”?

    In this environment, is it wrong to believe that this is not different to the political manipulations employed by this regime and the previous regime?

    Could the Chief Justice or another legal professional clarify this matter?

    • 3
      0

      thanks to western management you may jive down under.
      because its a parasite communism needs democracy to gnaw on .
      Main exports still are to the west.
      For 70 years the island follows its old master and the institutions.
      Like the English Bad logic and preserving life are the judge’s objectives.

  • 5
    0

    We read ONLY ONE statement by the CJ i.e. (as reported above) “National List Is Not a Case of National Importance” . It is only a part of a Judgement. Most probably he would have given reasons for making that decision. Yet we do not know what those reasons are and in the absence of such reasoning can we or should we get engaged in a discussion and mostly that to be centered around the CJ.

    CT: Please publish the full judgement so that we could get engaged in a more matured discussion on the subject matter.

    • 2
      0

      I endorse your view. The reasons behind his judgment should be considered before we start throwing brickbats at the CJ.
      He is not a “Mohan Peiris”! Thank God for that!

    • 1
      0

      Douglas and Kalu Nangi,

      The CJ already said that, “I am of the view that the matters involved in this case are not of General and Public importance.” So keep quiet please. CJ knows best.

      And for the record, despite what you two may believe I do see shades of Mohan Peiris in this statement.

  • 1
    0

    The simple truth of this title is appointing rejected members as MPs is not a case of National Importance because they are appointed without the consent of the voters. Except a few several taking part in this forum others have not really noticed the significance of this article.

    • 0
      0

      Too simplistic!
      Because, by changing National List nominees AFTER gazette notification, a few days before the Election, ‘they’ changed the electoral picture midstream which is clearly not legit. That impacts on the people’s franchise, surely!

  • 4
    0

    Mr A.Amirthalingam was the first defeated candidate to be elected to be a national list MP in 1989.

    He was followed by Mr.M.Sivasithamparam another defeated candidate.

    The political parties had used this facility from 1989 onwards, another distinguished citizen was Mervin de Silva.

    All the political parties are silent on this issue. Why?

    All of them had used or misused since 1989.

    Why all of a sudden this concern!

    I look at this issue from a different angle.

    In a proportional representation when three preferences(Why three,not one or two)for each voter and a number of candidates get elected from each district depending on the preferences received, not from the votes received only those who could not attain a threshold are left out, i will call them left out candidates not defeated.

    Please analyse the difference between a Vote and the preferences!.

    A preference is not a vote!

  • 2
    1

    CJ Siripavan, the Great Betrayer of our sovereign rights

  • 3
    0

    For once, this supreme court order I am forced to agree with UN human right high commissioner Husein. He is right, we don’t have a dependable judiciary.

  • 0
    0

    I absolutely agree with NAK.

    Thank you CJ Siripavan, for your ‘courage’ to demonstrate the whole world that the decision made by the UNHRC, that Sri Lanka lacks a independent Judiciary, which can be trusted by the people is absolutely true.

    Thank you once again

  • 0
    0

    BBS Rep: Thank you. What more can I expect from a “BBS REP” (hope I understood your representation correct) than your show of short sighted comment as regards a “National Issue”.

  • 0
    0

    The unkindest cut of ALL! Is the National List not of sufficient importance to the People (i.e., the PUBLIC) of this country???

    Much was expected from this CJ, who now makes himself the laughing stock and the object of much ridicule. He has determined that matters pertaining to the National List are “NOT of Public Importance”!!
    Thus,
    The CJ has determined that matters pertinent to the Peoples’ Franchise which was expressed by the People (i.e., THE PUBLIC, who are Sovereign per the Constitution), and voted on at an election where a National List had been gazetted, bringing the List to the attention of the PUBLIC, are matters “NOT of PUBLIC IMPORTANCE”!!

    This most injudicious interpretation of the Constitution, belittles the highest position of the Judiciary in this land.

  • 0
    0

    Attorney Kodituwakku needs to be supported if we wants real democracy. As Markalanda says the present court has undermined it’s own respect by catering to self-interest of getting perks.
    No wonder we need a hybrid court system to get fairness.
    May be we could ask parliament to hear cases.

    Rebecca

  • 0
    0

    The kangaroo courts and S C Sri Lanka.
    What is the difference? Perhaps the CJ could elaborate on this.

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