1 June, 2020

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Opposition “Betrayed” Parliament By Pledging Not To Overthrow Govt: Counsel For PB Jayasundera

President’s Counsel Romesh De Silva appearing for Secretary to the President Dr. P.B. Jayasundera on Thursday (21) told a five judge bench of the Supreme Court that the opposition parties had “betrayed” parliament when they sent the President a joint undertaking that offered to cooperate with Government efforts to fight Covid-19 and pledged not to overthrow the Government.

Romesh De Silva

De Silva PC asked: “What is the use of a Parliament which cannot fulfill its functions, including that?”

The Counsel for Jayasundera accused opposition parties of trying to “do a deal” with the Government to get various perks as parliamentarians.

During his submissions which continued for the full day of hearings on the eight FR cases currently being examined by the Supreme Court on the issue of reconvening Parliament, De Silva PC also asserted that the President has the power to withdraw monies from the Consolidated Fund – “full stop”.

The submission was in response to the argument by petitioners that it was Parliament that had the full control over public finance and the President could not authorize capital expenditure or any other monies to be drawn from the Treasury without the sanction of Parliament.

The Vote on Account passed by Parliament expired on April 30th, and all monies withdrawn from the Consolidated Fund since that date, except the monies drawn for the expenses of the Public Service were drawn illegally the petitioners have argued.

He further added that the Parliamentary Election Act gave the Elections Commission the right to postpone elections. “This can be for 3 months or six months or 11 months,” said the lawyer for the President’s Secretary.

Petitioners however argued before court that an election cannot be delayed beyond three months after Parliament is dissolved by the President, in accordance with Article 70 of the constitution.

However De Silva PC submitted that the term of Parliament ends on expiry of five years or dissolution. He submitted that the President has other duties such as giving election date and summoning new parliament. However, he argued that even if those duties were not performed, the dissolution of Parliament would still remain valid.

In any event, De Silva PC said, these actions were performed on 2nd March 2020. No challenges were brought within a month from March 2nd therefore the FR petitions are time-barred.

Hearings will resume on Friday, May 22, 2020 at 10AM in the Supreme Court.

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Latest comments

  • 53
    4

    What a weak argument! Gotler is clutching at straws.

    Opposition parties gave the assurance since this is a national (and a global) crisis. That is how it happens in other democracies too.

    The arguments assume the president and the elections commission are eternal enemies and should not work together.

    Contradictory arguments too. At one point he says the EC can postpone the election by 11 months but cannot postpone by more than 3 months of dissolution of parliament! Corona crisis was there since January in SL. Why was the parliament dissolved on March 2? The president has put national security in crisis. If the parliament meets again, bring a motion to abolish executive presidency as promised by Chandrika, Mahinda, Sirisena and Gotabaya. This is the last chance to save SL from a military dictatorship. Then this argument will not be valid – “opposition parties had “betrayed” parliament when they sent the President a joint undertaking that offered to cooperate with Government efforts to fight Covid-19 and pledged not to overthrow the Government”.

    • 32
      4

      QUOTE
      Opposition “Betrayed” Parliament By Pledging Not To Overthrow Govt: Counsel For PB Jayasundera
      UNQUOTE.
      .
      What s this to be meant ?# Srilanken lawyers in general would defend even MULTI CRIMINALS – that is a public secret. If KUDU duminda to be released, he would be defended by the MOST SENIOR lawyers. This country has no shame in the law and order.
      .
      Let me remind you who this PB Jayasundara is.
      .
      This special individual was proved to be a crook of PREVIOUS authoratarian govt of Mahinda Rajakshe – God father of mafia in current day srilanka

      Srilanken courts had already made him a convicted criminal to have arbitorily abused the statefunds not respecting constitutional provision of that govt.

      As is the usual MO in srilanken politics, no matter even high criminals would be appointed as secretaries to alleged high criminals – this is seen as the POLITICAL TRADITION, but previous govt did not do so, except the appointment of AM to Central Bank which was also going by his curriculum vitae, which had no stains by the time of his appointment.
      .
      https://en.wikipedia.org/wiki/P._B._Jayasundera

    • 33
      2

      PC Romesh is way off the beaten track. His arguments and interpretation of the constitution are warped, laughable and pathetic.

    • 21
      2

      As I am reading there, I feel, srilankens march backward.
      You will get to know more if you would click on the link below
      .
      https://www.youtube.com/watch?v=g2IHsqexWM4
      .
      People are made to be indifferent. This trend was infected to srilnaken society just becasue the main stream media in this country are beyond all ethics and morals. Their breaking news are -always connected with pleasing their pay masters.
      No matter even riots against the minorities would be triggered, they just go on doing it.
      Best examples
      Hiru TV
      Derana TV
      Diwayina, Island
      Lankaedeepa the like baised printed media.

      • 8
        24

        Leelagemalli,
        The period that Sri Lanka marched backward came to an end on 18 May 2009 after ‘Para’ Tamil LTTE terrorist barbarians that slaughtered Native Sinhalayo for three decades were eliminated.
        The forward march started after defeating LTTE Tamil terrorists came to a halt in 2015 after a set of don kees were brought to power by ‘Regime Change’ mafia. They deliberately pushed this country towards bankruptcy.
        On 16 November 2019, voters brought another ‘Regime Change’ electing Gatabhaya Rajapakshe as the President. After that country is moving forward slowly but steadily. It is extremely a difficult task to pull this country out from the mess created by ‘Yahapalana’ don kees but President Gotabhaya Rajapakshe will do that. Wait and see.

        “As I am reading there, I feel, srilankens march backward.”

        • 7
          4

          Mr Eagle the racist from DOWN UNDER @

          Germans fought even more brutal wars, but they would never stay self-adulating war time efforts but they worked diehard to achieve the status what the people living in that country today.
          :
          In our rotten hell, they have still been singing the songs pleasing BPs that still believe to have defeated the terror in the country, but as those who are well aware of the ground realities not Rajapakshe leadership but whole lot of factors converged to be able to defeat them in May 2009.
          :
          Had Late Mr Kadir under CBK administration failed to get the LTTERs impaired on any powerful soils, nothing nobody would ever achieve defeating them. I am not against those rebells, when considering the manner those from Southern even going an extra mile killed the youth, even though none of us are yet clear, they were solely carried out by JVPrs.

          All in all, in this living hell, murder, sexual crime and other high level crimes are committed with the direct involvement of the politicians. Like for example Thadjudeen the national rugby player, same age of Rajapakshe bastard sons, were killed raw to that very same manner that interntional journalist Jamal Khashotgi was dismembered in SAUDI embassy in Turkey almost 2 years ago. Sirisena adminsitration together with MAFIA BOSS made every effort to bury it under the carpet.. yet today, leaving victimized family in torments of tantalus mode..

      • 7
        3

        https://www.youtube.com/watch?v=54YwPnJnXfQ

        yOU MAY learn lot more the levels of SRILANKEN journalists of the day.. how and what levels of questions they raise.
        :
        Are there investigative journalists ?

        Srilanka is filled with Bitch’s sons as Journalists… We salute Mr Ramaanayaka for his unstoppable challenges against high criminals.

    • 15
      2

      Today they talk high, but they cant protect the innocient people
      .
      https://www.youtube.com/watch?v=gAARPL4Du-s

      Not a single incident of this nature was reported during PREVIOUS govt.
      :
      Gotler has been proving that he is no better to SIRISENA who was later caught by the tricks of Mahinda Rajaakshes.
      :
      This kind of human rights abuses should be reported to UNHRC.
      :
      Please FOLKS, get get together to save the innocient people. I dont support any poltiicial parties, but I respect PT even if he sounds to be not educated enough…

  • 7
    2

    I am not sure whether the title represents what Romesh de Silva really said.
    It will be proper to quote him in full in that context.

  • 27
    2

    Ah Romesh, Romesh kohedha yanne mallé pol? Are you losing it mate?

    • 13
      0

      Absolutely, nothing cogent in his utterances at the hearing! Is he a lawyer I wonder, or does he feel compelled to go through the motions!

    • 5
      1

      Easton Scott,

      The kind of so called lawyers may need to restart their law degrees so that they can face it in the future.
      :
      Corona CRISIS situation is unique and if not the OPPOSITION would not support the govt, to the manner people are being gotten the essentials, as anyone woudl feel it, it is no wrong opposition to have reacted so. They as I know have made it clear, they dont even want their salaries or any kind of allowances, but biased media paint the picture putting other way around.
      To the very same manner they attack that gentleman Prof Hoole, they also attack the opposition today.
      Opposition men are attacked by every means as was not the case under previous govt.
      Mangala and other powerful men are targeted thinking they could be a threat to them.

  • 34
    0

    This President’s Counsel is a good choice to defend GOTA’s interests. He is as intelligent and knowledgeable as the Grade-4-passed Pohottu MPs who who threw chillie powder in the Parliament. And he argues like Weerawansa and Gammanpila. One of the most cherished traditions in parliamentary democracy is for the opposition to co-operate with the government during a national emergency or a humanitarian crisis. Is this lawyer that stupid or just plain nasty ?

    • 2
      23

      Ajay,
      During the time TNA was the Opposition with Sambandan as the Leader of the Opposition, they always co-operated with the Government. Did this country face a national emergency or a humanitarian crisis during that time?

      “One of the most cherished traditions in parliamentary democracy is for the opposition to co-operate with the government during a national emergency or a humanitarian crisis.”

  • 18
    0

    HOW IS THAT ????????? for an argument. WOW, was it a doosra or teesra.????

  • 19
    0

    You say opposition promised to support government in fighting Crisis/Covid and told clearly they have NO intentions to topple. (that too in writing). Then GR and some of his retarded followers here say “opposition is there just to oppose”. Now which one is true ??????. Its news to me when opposition cooperates with govt in dealing with a crisis , in LAW is considered as betrayal ???? So that is how you were conducting your self while in opposition post Easter ??? Land like no other.

  • 19
    7

    Typical Sinhalese trait of being devious.

    • 8
      2

      Man, we are all not like that. But Rajaakshe biased men are born racists or total stupid people.
      We also dont think that all Tamils and muslims would ever support any terror groups.


      Deviousness and malacy are in the blood of Rajapakhes men. For some reasons, peopel have been caught by their tricks.

    • 6
      0

      Pala, like leelagemalli, I, too, would like to think of myself as “Typical Sinhalese”. A bit dense and foolish as all humans of woman born are wont to be, but not devious.
      .
      Given the tough time you’ve had, your comment is excused!

  • 25
    2

    President’s Counsel Romesh
    Have you not heard a good/civilised parliamentary practice called Bipartisan agreements. In parliamentary democracies it prevails.
    God save the person awarded you a legal practise (and the fee paid to you for this submission

  • 17
    0

    AIYO Romesh… the weakest of all links in an eloquent system of presentation that the counsel is very well familiar in his adversarial abilities. Did you not find any other strong argument to defend your client (another weak and pathetic public servant who emerged even against judicial rulings in the past).

    Whilst the right of the counsel to represent the client is sacrosanct, the counsel should have thought of a better argument. When one lost for ideas these ones comes affront but useless as ever. I think the learned counsel knows the exact direction of the case leading to and may be he is doing some good to the fundamental rights applications and helping its outcome whilst ironically representing the other side. Thank you dear Romesh PC

  • 2
    17

    opposition not only betrayed the parliament but also the people and the democracy.

    • 3
      15

      Rajash,
      That is exactly what happened when TNA was the Opposition and Sambandan the Leader of the Opposition. They were in the opposition for the name sake but in reality slept with the Government. At that time, that was true democracy for you guys. Hypocrites!

      • 3
        6

        my comment applies to TNA, UNP, SLFP, JVP all

  • 14
    2

    Today in the cabinet meeting, GR assured , even if SC orders to reconvene Parliament, he vowed not do so. He will use his presidential powers to veto, postpone, if not reconvene and immediately suspend as before. Is that true Silva.??? If true can the opposition letter be more betrayal than this. This looks like betrayal of NOT just Parliament but the whole country. If this was the game plan , then whats the need for debates and discussions on constitution, writing letters, big deal about who went to SC first, and who did not, getting AG advise, the whole Hoole Drama —–etc—–etc.

  • 2
    1

    If I go entirely by the CT report, then to make an allegation that Opposition MP’s were trying to strike a deal with the President for the preservation of perks is neither here nor there. One can ascribe all kinds of motives for others actions, be it opposition wanting perks or government taking money out of the consolidated fund without scrutiny, akin to a discussion at “Linda Langa Sangamaya” (A pow wow of village damsels bathing near a single well).

    • 14
      0

      Good Sense@ almost every former UNP, SJB, JVP, TNA, MC and almost 99% them made it very clear, they dont even any kind of allowances but to go for reconvening the parliament.
      JVPrs have made every effort to join together for a national coalition for containment of the disease. Just trying to mislead the very same gallery, and become the FASLHE heroes of them would not stay for ever EVEN if their MEDIA men would clean their backsides these days.
      At least PM should come forward and clean these issues. Instead Mafia boss just enjoys the situation… can you imagine ?

      • 2
        14

        leelagemalli,
        What the hell these don kees who failed to prevent Easter bombing by Wahabi Muslims while having all the information in their hands can do to control COVID-19?
        If it is possible to convene the Parliament and infect all the guys with COVID-19 so that they can be kept in quarantine, that will be good for the country.

        • 8
          0

          Eagle Evil.
          .
          For that BOMBING ang got killing of innocient worshippers

          1) Sirisena to be the main person to be responsible
          2) Mafia Boss Mahinda BP Rajapkshe who is the second to be responsible
          3) Mr Wickramasinghe, but we all knew that raped SIRISENA adminstration was made that servile to Rajapakshe for their come back.. so speculations are there, that Rajakashes to have been the mastermind of that disaster… as is used to do, the bp MR shed crocodile tears, but I am 10000000000000000000% sure, the bugger would have to face all together before his last breath. That is crytal clear to the eyes of those who like me observe lanken issues that closely.

          4) If there had been no such INDEPENDENT Ethic commission set – Rajakshes would have become MASTER MURDERERS of the day when it goes with containment of COVID-19 within the island.
          :
          There, we should thank former govt to have implemented those commissions and have made all the necessary steps for our srilankens to face it safer.
          .
          Besides the ambulence service, that the previous govt introduced amidt the continuous protest of BALLIGE puthas close to Mafia boss et al – is the main savior of the people down there, if you are NOT blind and deaf, you would agree with me as everyone would do

  • 6
    0

    Patriotism, War Heroes, Terrorism, Betrayal……… the words rule the Modayas. These black art words have all power to keep Modayas on the leash. When the master loose the leash, Biriyani & Arrack crowd prey the enemy.

    Once a guru gave to his disciple a pot to bring water and gave three hard knock on head of the boy. The boy said that is hurting sir, what is that for. Guru said, in case you child brake the pot; no point in knocking you after you break the pot, that is why knocked you before. After Badiyudin destroyed education, there is no lawyers in Lankawe to stand up in court and talk law points. The opposition gave that promise to cooperate with government, if the parliament is open. The parliament is not convened is the case going in court. The lawyer is arguing against opening parliament based on that promise. He is blaming the opposition has betrayed the closed down parliament. Here is a landlord, whose field remaining not cultivated, taking to court a worker who offered to plough the farmer’s field, saying the worker has stolen the harvest by promising to plough the filed.

  • 2
    15

    Can someone tell us what is Sambandan’s contribution to develop this country to deserve a free luxury house in Colombo for life time at the expense to the tax payers’ in this country?
    As far as we know, he is an architect of the Wadukkodei Resolution to divide this country and asking Tamil youths to take arms to achieve that objective. So he is a separatist and a supporter of terrorism. Instead of giving a free luxury house, he should have been parked at Welikada.

    • 3
      1

      Eagle Eye
      Yes, TNA leader R. Sampanthan is a supporter of the now-defunct LTTE in Sri Lanka. The LTTE is banned, TNA not.
      R. Sampanthan, who is 87 years old was elected by Tamils.
      Sinhalese respect all democratically elected leaders.
      R. Sampanthan is an epitome of democratic Tamil politics in Sri Lanka.
      That is why he deserves of our respect.

      • 4
        1

        Dear Chamapo,
        .
        Long time no see, Where had you been ? We really missed your posts.
        .
        Agree with you here, even if EE would NEVER see it right.
        :
        I finally decided to talk my pet dog.. he understands lot more than EE would ever cover it in his little time ahead of him.
        :
        Let s forgive the man, as if we would have to do it for a DRUG addict or the like.

      • 1
        4

        Champa,
        Sambandan may be a democratically elected leader but he is a racist who advocated separatism and using terrorism to create a separate State. Although the Sri Lankan Government defeated LTTE that fought to create a separate State, Sambandan did not give up separatism. At a meeting in held in 2012 in Madakalapuwa he had told:
        “Although the issue at hand is the same, the prevailing conditions are different. The struggle is the same, but the approaches we employ are different. Our aim is the same, but our strategies are different. The players are the same, but the alliances are different. That is the nature of the Tamil people. Although we still have the same aim, the methods we use are now different.”

        What is the aim?

        People in this country went through hell for three decades because of guys like Sambandan.

      • 3
        0

        Now, haven’t I told you, leelagemalli, that Champa is a pretty decent egg?

        • 4
          1

          Dear SInhala Man,
          .
          you are right. I now agree with you anyways, I am still very skeptic about her profile. How are you Mr ? I have been having a great weekend after long time though. I am used to walk a lot on the weekends.
          About Champa, we really need to wait and see.It is my own view Mr SM. I really dont like CHAMPA further supporting the views of Wimal Weerawanse who I think is constantly promoting paranoic theories about western and american invasions. That is just to keep the gullible in dark. To tell you Mr, in america, many dont know even where srilanka is located. One of my collagues from Boston ask me whether SL is located in India. It is just an another poor country to their eye. They dont care much about srilanka or the like minded countries. In contrary , Europeans is good at their geography and that is not that bad.

          hope to come and see you in SL whenever I get there next. Very likely towards the end of the year or so.

          • 3
            0

            Dear leelagemalli,
            .
            These last few weeks you’ve been doing so much, and so sincerely.
            .
            It is wonderful that you are “liberal” enough to understand that we can’t expect other humans to be clones of ourselves. We will agree on certain things, but not on others.
            .
            We’ve got to work out where we go from here. You’ve giving us all lots of carefully selected Youtube clips. I’ve not had time to view them all. That will always be the case. I have benefited immensely from those I saw!
            .
            May I provide you with a link to something twenty-five minutes long on COVID-19. which I haven’t yet seen. . Really there were three from the same set, taking about 150 minutes by a guy whom I hadn’t heard of two weeks ago. This looks the most topical. Sent by “a friend”. Let me see how this works out:
            .
            https://www.youtube.com/watch?v=gfVrin7Ybp8
            .
            Never mind where the speaker is from. Relatively young, and a vegan. So he has great compassion for all livng beings. I hope not for the “Coronavirus”.
            .
            Yes, we should be doing more of this – responsibly.

            • 3
              0

              Dear Mr SM,
              thanks very much. I know that you are truly a good person. That is why I respect you this much. I do my best in order to reveal you lot more about the current situation.
              Today is an another sunday where I thought to collect lot more updated news about SRILANKA – there I have been listening to the video clip below. I am not into srilanken party politics, but I always respect Mr Fonseka who has sacrificed a lot for the people to enjoy the freedom that they enjoy today. My issue is to stand against Rajakashes for various reasons. I do whatever I can to save the gulliable from his clutches. That is why I make efforts to add lot more informative video clips whenever I come across them.
              #
              https://www.youtube.com/watch?v=SxcaIb39MA8

              Thank you for the link. I will check that later and get back to you… I am updated with the latest regarding COVID-19 because I am connected with RKI in Germany and colleagues in Boston.

              • 1
                0

                You have an amazing talent for unearthing important videos.
                .
                Many thanks.

                • 0
                  0

                  Dear SM,
                  let s make it. Now I have the feeling we are doing a lot of good work. Alone Champa to become somewhat trustful is a great achievement. I dont have much time but I have been on CT for the last 7 years or more.

                • 0
                  0

                  Dear Game Iskolemahaththayo aka SM@
                  .
                  Please watch the video clip below. I really like this Buddhist Monk. I will come and see him when travelling to SL in December or little earlier. This is not the first time I have heard his speeches.
                  :
                  https://www.youtube.com/watch?v=R5HtUpJ7x3g

                  • 0
                    0

                    Dear SM,
                    .
                    why dont any CITIZEN file a case against GR ?.
                    :
                    According to various info on the web, no doubt, in that point in time, he was still an American Citizen. His presidency can not be legal..
                    .
                    https://www.youtube.com/watch?v=8C-uM8wAxoc

    • 1
      1

      Eyeless Eagle,
      Not one Manson, on Tamils’ name you guys have to give a million mansions for all the Thalikodies your Rapist Army ran way with from North East. Leave alone the looted money and captured lands in annual celebration of Pogroms, until Leader Pirapaharan stopped that silly joke that tit for tat. . If had to pay for prostitutes for al the counts of rapes to Tamil women, even the $18B on your Boss’s account is not enough. After Sinhala Only and Standardization you imposed on Tamils youths, are you writing in Comma stuck by Covid -19 to talk about Tamils’ contribution to your Wild Life Sanctuary SinhaLE Lankawe?. Let us go alone, keep Sampanthan Aiya’s Manson with you and develop it. If Sampanthan Aiya hadn’t gone into Tamils politics and started a law practice in UK, US or Germany…….by now he might have earned to buy your Wildlife Sanctuary in Total.

  • 6
    1

    What Romesh de Silva, President’s Counsel says is opinions and arguments, not facts.
    Quote: “De Silva PC submitted that the term of Parliament ends on expiry of five years or dissolution. He submitted that the President has other duties such as giving election dates and summoning a new parliament. However, he argued that even if those duties were not performed, the dissolution of Parliament would still remain valid.” Unquote.
    This is only “an argument,” not “a fact.”
    The fact is, once Parliament is dissolved (prematurely), general election for a new Parliament should be held within 3 months.
    The deciding factor here is NOT the President’s power to dissolve Parliament or fix a date for the election or summon a new Parliament.
    The deciding factor is his ability to hold an election within 3 months. This is a technical, constitutional requirement!
    Clearly, the President has failed to fulfil the deciding factor.
    Therefore, the gazette notification issued by him on March 2 dissolving Parliament stands invalid, and as a result, nominations called for the election not held are also no longer valid.
    All arguments against this fact are applicable only if Parliament was dissolved at its expiry, not prematurely.
    As the dissolution stands invalid after June 2, the previous Parliament becomes re-existent.
    Also, the letter sent by the General Secretary of the SLFP to the Speaker confirming the legality of SLFP MPs in Parliament remains valid. Nothing has changed.

    • 5
      0

      Dear Champo,
      .
      thanks for your posts. That make it very clear if any dumb ass would see it other way around.
      :
      pEOPLE in my home country even stupidier than appeared to be – if they would be asked to consume RATATHANAKOLA, they would go for it without thinking twice… thi shas been instrumental today by vicious politicians that make every effort to grab the power and loot the state again.

  • 4
    0

    Champa.

    I am in total agreement with your post above.

    The question of the FR petitions being Time-barred as per the submission of Romesh de Silva P.C.is a thorny issue.
    Parliament was dissolved on March 2nd. He says that it should have been filed just before April 2nd.
    Would it have been possible when the EC had not fixed a date for the election?

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