25 August, 2019

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President Rajapaksa Is Disqualified To Seek A Third Term: Ex-CJ Sarath N Silva

Despite the implementation of the 18th amendment, former Chief Justice Sarath N. Silva has has stated that President Rajapaksa became constitutionally disqualified to seek a third term on the very day he was elected for a second term.

Silva and the President

Silva and the President

Silva who is presently heading a Committee to draft a new amendment to the Constitution, in an interview with Sunday Lankadeepa has stated that on January 27, 2010 when President Rajapaksa was elected for a second term, he automatically became ineligible to seek a third term since Section 31.2 of the Constitution very clearly states that any individual elected by the people as the President for two consecutive terms, stands disqualified.

While pointing out the two term restriction is imperative for the preservation of democracy in the country, Silva has explained that former President JR Jayewardene’s first amendment to the Constitution referring to the restriction of only two Presidential terms for one individual was made very clear in the Constitution of 1978

He has therefore pointed out that the context in which the 18th amendment has been passed contains an ‘important constitutional disqualification’ while adding that despite the 18th amendment removing section 31.2, the disqualification is still applicable to President Rajapaksa.

He has also noted that although this dilemma brings out the question of whether the amendment has a retrospective effect in implementation, it is important to remember that usually the law is for the future and in the case of the changes brought into effect by the 18 amendment, applicable to any future President.

Furthermore, in order to underpin his argument Silva has referred to Section 6 of the Interpretation Law, which states that any such amendment does not remove disqualifications or punishment previously imposed by law unless another new mention to that effect are included while pointing out that those who drafted the 18th amendment have forgotten to verify the points.

“Therefore, in such context, if the President informs the Elections Commissioner that he wishes to seek re-election for a third term upon completing four years in his second term, any citizen can challenge the Elections Commissioner’s powers and it should be done in a court prior to fixing an election,” he has noted.

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  • 6
    4

    CT readers

    “Despite the implementation of the 18th amendment, former Chief Justice Sarath N. Silva has has stated that President Rajapaksa became constitutionally disqualified to seek a third term on the very day he was elected for a second term.”

    How about Sarath N. Silva for common candidate?

    JVP and JHU might consider supporting him as both parties owed him one.

    He disingenuously de-merged North East provincial Council on the request of both these parties which attract and run by hypocrites.

    • 5
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      The reason MR is the president today owes to the fact Sarath Silva him self and his warped verdict.

    • 1
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      Pictures worth thousand words- This picture is a good example for that.

    • 2
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      if SN silva convicted him in the Tsunami embesszlement issue, the nation would not have been driven to this level today. At least TODAY, Sevala Niyamaka Silva should stand for his big blunder being unable to act compliant to lankens laws in that regards.

    • 3
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      Srilanka today is ruled by a Polburuwa is clear to entire world but not yet to the Rural masses of the country. Thi sis whwere lanken democracy went wrong.
      it is high time people to rethink how they could use universal franchise, at least next time.

      Pros – only that we have no war against LTTERS

      Contras- rise up of high crimes are beocming high as no times in the past.

      No human rights are safeguarded.
      No human rights, let alone the basic ones as had been decades ago in the country.

      Today, people have not guts to come forward and go against injustice BECUSE they all know that they would not have any option there than being seconded to Raja decisions.

      Democracy by name – but totalitarism by practice.

  • 10
    1

    This is a very sweet news for the majority of Sri Lankans who are sick and tiered of this family dynasty. But we also have to take this message with a caution since it could be an attempt to divert attention of finding a common candidate and the process should continue irrespective of the legal out come of this message. I wonder why such an important point has not been surfaced during the almost 4 years or so.
    ” If there is no common enemy there is no need to find a common candidate ” Think of this statement more than once

  • 10
    1

    Who cares about constitution? who cares about the Nation/ Who cares about people? Who cares about law and Order? Who cares of justice?
    the fact is President Mahina is the powerful person within Sri lanka. He appoints supreme court judges. He put orders to judges what judgement they should deliver? No one is prepared to challenge Mahinda’s orders or Gotapaya’s white vans. He has the economic power to buy so called International judges from India and Pakistan or even from US or China.

  • 9
    1

    This former CJ, Sarath N. De Silva ruled out that,

    1. Petroleum Corporation should sell Petrol at Rs. 100/= per LT.

    2. Former Petroleum Corporation Chairman Asantha De Mel should be removed from the post Immediately as he doesn’t possess proper Qualification.

    3. Dr. P.B Jayasundara should be removed from the Post as he is responsible for Hedging Lost and fined Rs. 500,000/= he has given an affidavit to the effect that he will never hold any position in any Public Office.

    As I remember those were main rulings among others in the Hedging case and Regime was not interested in implementing any of these rulings.

    P.B Jayasundara came back from the Back door and Petrol price ignored conveniently showing Saddarmadveepa Chakwarthis Back to the Supreme Court.

    Saddarmadveepa Chakrawarthi Removed Dr. Shirani NBandaranayaka from the post illegally and supreme court declared the removal was Legal.

    Appointed Moron Peiris, International Liar as CJ Illegally and Subsequently Court held the view that appointment was OK.

    Now our former CJ asking Citizens to challenge the third term of Saddarmadveepa Chakrawarthi and go to the Same Court appointed by non other than the Saddarmadveepa Chakrawarthi. What a Joke and Joker.

  • 2
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    It is great that a Sinhala Buddhist Intellectual has spoken out, specially to clear his own conscience of the verdict in “Helping Hambabtota” Nevertheless this is most welcome.
    see:

    http://www.thesundayleader.lk/20050703/spotlight.htm
    To be his friend and dig a grave under MRs feet is beyond imagination these times, when a possibility remains for an “arranged” Coup using the Forces enslaved by a US Citizen, who is in a “Wanted” List somewhere, taking place at a time when the Regime is cornered. They cannot under
    any cost leave the Dynasty build-up to be ruined by Legality!!

    Those making a “nuisance” of themselves, such as Mangala, now Sarath N.Silva and likely Champika etc will be taken in by one of the 26 Dist. Army Camps for long-term questioning. Friendly Mohan will make a ruling that such “governance” is possible until the threat on Sovereignty by
    the UN, IC & Diaspora can be overcome! China Embassy will provide moral
    support via its new Diplomatic Security Advisor, whilst Indias counter-
    part will be silent as ever and CW Sharma checks his Bank balance!

    The white van is under-repair, as it has developed a leak!

  • 10
    1

    You would have been believable if you had any credibility left, given your close relationship with MR this I suspect is a ploy to split the opposition that seems to be coming together.

  • 4
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    RE: “President Rajapaksa Is Disqualified To Seek A Third Term: Ex-CJ Sarath N Silva”

    The Real question is whether the rule of law or constitution is followed or tampered with in Lanka, the Land of Native Veddah.

    So, technically, this may be the case, Rajapaksa will appoint a NEW SUPREME Court Judge t to say it is OK, and it becomes “constitutional”.

    So, the best way is to defeat at the polls, abs use this as an issue and claim that Rajapaksa Running for a third term is unconstitutional and make it an election issue and show the fraud by the cronies.

  • 7
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    Dont worry the idiot wont live to apply for third term.

    • 2
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      ORANG UTAN

      “Dont worry the idiot wont live to apply for third term.”

      Not a nice thing to say about other people especially your enemies. I am sure you have many of them.

  • 4
    1

    Coming colors not good for MARA.

    Blood in urine of Medamulana Percy Mahendra Rajapaksha: Warded at Houston hospital – condition carefully monitored

    • 1
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      Kidney Disease, ‘Blood in urine’ must be from the Weedkiller ‘Round Up’ which has been allowed to be imported, and seems to be killing off the poor Farmers, in the NCP.

      That is Karma in Action

  • 14
    1

    JR when he introduced the ’78 Constitution clearly endorsed preventing an MP being elected from one political party not allowing to cross over to another. However this man Sararth N Silva permitted same violating the Constitution. Further he went public that he used his discretion and not Law when he helped MR to escape the Tsunami Fund embezzlement and openly said that, if he followed the Principles of Law, that MR would have ended up behind bars. What a Son of a Bitch this bugger is to come now to tell us that MR can not contest a third term. Mind you if MR offer him something he will twist the issue and tell us that MR can contest a third term quoting some section or another.

    • 0
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      Gamini, Something more serious seems to be building up.This man would have said this of our Hon President’s advice.The Honourable man may be having a second thought about power. Did he not appoint a commission after sitting on his much extensive back side for 5 years. He is a good man,

  • 3
    1

    If SN Silva could help this man to be removed – people would forgive him for all consituational amds his tenure brought allowing UNPers to cross over and support for the current regime.

    • 3
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      @ Sama,

      Don’t believe this SS (Sewala Silva) as this is his another “Daham Gatayak” to keep that moron in Power.

      • 2
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        I know he belongs to the same catergory Rajapakshe belongs. [Edited out].. for sure. They have genetic smiliarities if genetists would check them properly.

  • 2
    1

    The great majority of the Inhabitant Population must be thanking Heavens that he is only an Ex…

    • 1
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      K.A Sumanasekera

      “The great majority of the Inhabitant Population must be thanking Heavens that he is only an Ex…”

      Not yet hopefully soon.

  • 1
    1

    This is no problem for Rajapakse. If he forgot to amend an important clause as Sarath Silva claims, then Rajapakse can always do another amendment to rectify that mistake.

    The problem would be only if his old partners refuse to vote as they did last time.

  • 6
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    This man SS once at the helm of legal affairs “qualified” the present President to come into power. Now he says, he is disqualified to contest for the third time. What crap he is talking? This guy without any shame of making the Justice System a JOKE of the day, now claims “brilliance” in the field by this type of public utterances. Recently he has got hold of Rev. Sobitha who campaigns for a “Common Candidate”. I wonder this guy is going to be presented as the “Con Man Candidate” at the next Presidential elections. Or, perhaps, who knows even MR must be putting forward him?

  • 5
    0

    Isn’t he the one who has been assigned by MR to make a fake “new constitution” just in time for the presidential elections-to counter and side track the common candidate camp hoodwink the voters into believe that MR is also for ” abolish the executive presidency in SL campaign”. So why should we believe anything that this guy utters as he is in the bed with the ruling clan, aids them into further rob us citizens of democracy. A man who works day and night to con us, and then to give them more power concentrating ideas, on how to push the envelope to abuse civil democracies of SL. He is just making noice, just in case he’d be get chosen as the common candidate. Rotten to the core, legally and civility this is what we have to call intellectuals. Pathetic!

  • 1
    1

    SS is MR’s man.

    SS stopped tsunami aid to Tamils.
    SS separated eastern province from the north.

    Some fools have short memories!

    Looks like the COMMON CANDIDATE camp is desperate.

    • 1
      0

      Thamodaya,
      SS was MA-RA’s man as he was the best man at his wedding. Some of the judgements he delivered other than MP cross over and Hambantota fund case were controvoicial and can argue bor both sides. But his Judgement not to allow Mrs. CBK another year was on friendship as well as his strong motive to get CBK, who appointed him as the CJ from Mahinda’s way.
      SS never stop Tsunami Funds for Tamils, but it was a creation of the WB officials to give The UN Funds $ 220 million direct toLTTE created the problem. But later Pulidevan, the then CEO of LTTE was paid 75% of the funds by Tirana on behalf of Mahinda, but LTTE never alloed any Tamils to get even a single Rupee to construct their house, as they we’reaken as a heard of cattle to the War front.

      Your SunGod never wanted to construct houses for those Tamils who lost houses due to Tsunami, but he wanted the money to buy weapons.
      These are TRUE facts from some one new about these funding.
      Separation of the East and North was facilitated by the breaches of the Indo-Lanka Accord, and what SS did was to get those legal breaches to the front. In the same way if the GOSL goes before an International Court, the Indo-Lanka Accord will be declared null and void along with the 13th Amendment.

      There are fools from both side, if not why we kills thousands in 30 year for nothing.

  • 2
    0

    What is a legal opinion from this man worth? He manufactures it to suit the occasion. While anything to unseat MR would be a good idea, it is better that someone more trustworthy says it than this man whose credentials are highly suspect.

  • 0
    0

    All advice is warped with the principle of objective of becoming the President This man cannnot be trusted for a second.

  • 1
    0

    SS may mean what he says and the point he is making appears to be valid. But do we have an independent judiciary to look forward to a correct interpretation? Are we to forget that despicable stooge MP is there to look after the interests of Rajano? It is possible that SS wants to wash off all his sins at one go and die with a somewhat easy conscience. But people should take no chances. The search for a common opposition Presidential candidate should proceed regardless!

  • 3
    0

    Sarath Silva is the man who destroyed the judiciary. When he was CJ most senior lawyers refused to appear before him as they thought that he will pervert justice.when he was sitting as a judge everybody knew that the court will act with a certain agenda as selected by sarth Silva. He was such a hypocrite because while womanizing all over the place became a big Buddhist preacher.Because of him certain temples earned a bad reputation.A warped and a perverted personality.Words of respect like “Justice ” and “honourable” were given a another meaning by him ! Anything he touches, including women become dirty.Just read Victor Ivan’s book about Sarath Silva. He is one man who should be stoned to death in public

  • 1
    0

    Which of these will get to MR in the final count?

    1. Common joint candidate.
    2. Retired C.J Sarath Silva’s interpretation of the constitution and
    plans to petition the Supreme Court.
    3. MR’s much whispered ill health, necessitating him to be rushed to
    the USA ahead of his planned late September visit to attend the
    UN General Assembly sessions.
    4. The intolerable high cost of living (As poignantly illustrated in the cartoon in the Daily Mirror today -27/08/2014).
    5. Overwhelming anti-UPFA vote in the Uva.

    Which of these will extend MR’s tenure in office?

    1. The constitutional amendment Sarath Silva is drafting.
    2. Inability to field a common presidential candidate by the opposition.
    3. The present Supreme Court headed by Mohan Pieris.
    4. A majority vote for the UPFA in the UVA.

    Dr.Rajasingham Narendran

  • 0
    0

    Don’t hold you breadth. If anyone challenges, the Chief Justice will rule otherwise. If that fails, the constitutional amendment will be passed to make it retroactive. Big deal :(

  • 0
    0

    Sarath Silva is the least qualified to be making judgements about anyone. Yes, he made some controvertial judgements when he sat on the bench. That was AFTER he had made many decisions about his private affairs and that of the Rajapakses.

    Jesus said, let one without sin cast the first stone…and Mr. Silva is not without sin! It does not matter what type of label one might wish to stick on. Sri Lankan Buddhist, Real Buddhist…

  • 2
    0

    This is first mediocre CJ Sri Lanka of course slightly better than one we are seeing now. Never ever trust this Buffon of a man for anything

  • 1
    0

    SF after retirement and standing against MR and with the
    blessing of another retired executive,opposition leader
    JVP leader,SLMC leader and many more bigwigs said he won
    the war,not MR.What was the outcome?Now this retired man,
    still thinking he knows the law better,tries to seek
    public attention only for his own kick!Nobody will take
    this man any serious.It is highly possible that MR smells
    some bad cooking in the UVA province and if that happens,
    he can not go to a presidential poll any sooner and found
    an excuse through this man.Only a possibility and does
    not mean Harin is the new CM but the results could be
    threatening to the regime.Murders,shootings and stabbings
    have increased around courts of law.Number of people
    frustrated with the decisions of the judiciary,among the
    learned public is,alarmingly high and in this background
    what he’s uttering will be in the trash.

  • 0
    0

    Tables are turning for Mara. His sins are following him like the wheels following the cart. His condition is serious.He will not contest but put Gota for nomination

  • 1
    0

    Former CJ Sarath Silva must send a loud and clear signal to all Sri Lankans, at last, it is time for all of us to respect and live by the
    law and Constitution by going to the Supreme Court on this issue. We have had enough of a Govt run by drug-traffickers, kidnappers, dangerous criminals, semi-literates, rogue CJs, Venal Courts, square-pegs-in-round holes Ministers. It is now time to restore the earlier respect and average governance Sri Lanka enjoyed. For this, the former CJ must stand by his pronounced principles and dislodge the illegal President who arrogantly acts as if the entire country is the private property of his family. The country – and indeed much of the world interested in the Island – will stand by him.

    R. Varathan

  • 0
    0

    the opposition must band together and get an opinion from an international panel of renowned legal experts that MARA is not eligible to contest the presidency for a third term. All donors, financial institutions and the international community must be put on notice that should this crook be voted for a third term as president, any future SL government will not honour the commitments undertaken by this crook as the transactions are unconstitutional.

  • 0
    0

    New information to your interest:

    Mr. Mahinda Rajapaksa is eligible to contest as the 3rd term president, even without 18th Amendment to the constitution
    https://www.youtube.com/watch?v=LBIHEQ4jVtg&list=UUBCEg0C1cNbenkenq4Ggt3Q

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