26 September, 2020

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Rajapaksa CJ Helps To Legalise Shirani B Sacking

A five judge Supreme Court bench appointed by de facto Chief Justice Mohan Pieris, a direct beneficiary of the Chief Justice Shirani Bandaranayake sacking last year has ruled that the writ issued by the Court of Appeal nullifying her removal was null and void.

The ruling which was expected yesterday was issued today, based on a petition filed by the Attorney General’s department, which challenged the Court of Appeal Writ Certiorari.

De facto Chief Justice Mohan Pieris

De facto Chief Justice Mohan Pieris

The Bench comprised Justices Saleem Marsoof, Chandra Ekanayake, Sathya Hettige, Eva Wanasundara, and Rohini Marasinghe.

The ruling is a first step in the Rajapaksa Government’s process, implemented by its CJ Pieris to retroactively legalise the illegal and unconstitutional sacking of Bandaranayake last year.

The process was commenced last year, soon after the Rajapaksa regime installed its puppet Chief Justice in Bandaranayake’s place. Pieris’ own appointment was challenged on the basis that Bandaranayake was illegally removed but by virtue of today’s judgment his position will become retroactively constitutional.

The judgment comes despite assurances provided to Commonwealth Secretary General Kamalesh Sharma ahead of the Commonwealth Summit last year that Sri Lanka would put measures in place to correct its system of removing senior judges. Sharma famously announced at a press conference in April 2013 that the Sri Lankan Government would be putting the remedial measures in place within weeks instead of months. Based on the Rajapaksa Government’s assurances, Sharma buried two reports by eminent Commonwealth jurists on the Sri Lankan impeachment of its Chief Justice that found the process to be illegal and refrained from providing the information contained in the reports to the Commonwealth Ministerial Action Group that is mandated to measure member states’ compliance to commonwealth values and principles.

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  • 12
    2

    Mum is the word!

    Dr.Rajasingham Narendran

    • 2
      0

      I think this the opposition should raise in the parliament.

      This can lead to his own impeachment/ ending this darkest ever era

      • 3
        0

        xxxxxx
        Rajapakshe’s soul colleague – Zimbabwe’s Mugabbe turns 90 today. http://www.bbc.co.uk/news/world-africa-26257237

        Here are nine things you may not know about him – and which may hold the key to his longevity

        1) Exercise and traditional food
        2) Resurrection
        3) Great cricket fan
        4) Bad loser
        5) Prefers Cliff Richard to Bob Marley
        6) Snappy dresser
        7) Admires Kwame Nkrumah
        8) A man of many degrees
        9) Had a child aged 73

    • 4
      0

      A highly corrupt and manipulated system.

      Sathya Hettige is a direct relative of The Clan.

      We are making a mockery of ourselves.

      Amazing they themselves do not find it comical.

    • 1
      5

      Narendran, So you think coup d’etat effort by a section of Hultsdorf mafia to overrule the decision by the people elected legislature should be authorized by the SC?

      • 5
        0

        Banda,
        Is the coup against the supremacy and independence of the judiciary mounted by the Executive Presidency, using a captive and manipulated parliament acceptable to you? Is the manner in which the PC conducted its proceedings acceptable to you? Are the street dramas orchestrated against CJ , in the vicinity of the courts and her official residence acceptable to you? Is the armed might of the state displayed in the Supreme Court at the time of the CJ poster acceptable to you? Is the situation that this episode spelled for this country right and acceptable to you?

        Justice must not only be served, but it should also appear to be served justly, with decorum, dignity and élan.

        Dr.RN

        • 0
          0

          Correction :

          —- CJ ouster—

          Dr.RN

          • 1
            1

            Narendran,
            I say, ShiraniB’s shifting to stand against MR is the result of a coup.

            MR should not have appointed ShiraniB as the CJ. Many a nationalists thought she has been messing with the NGOs for far too long to be an impartial Chief Justice. Perhaps MR had no option for it was the Bandit Queen who appointed her to the SC from nowhere in the first place and paved the way for her to be the most senior judge by then.

            Anyway, even after appointing the CJ, the woman showed she had no principles whatsoever. With a plum but unsuitable job bestowed on her salesman hubby, CJ Shitrani played very well with MR at the beginning. At that time entire opposition was criticizing her judgements. When JVP and UNP parliamentarians accused her hubby for that corrupt share deal at NSB and made a complain to the bribery commission things started to go wrong. Opposition demanded not just the hubby but wife CJ should resignation as well. Gossip mongers rumoured that the deal was done to help Duminda on MR instructions. And, MR had no option but to ask hubby to resign.

            Shirani was annoyed with MR and decided to change her tactics. She started to bite into MR’s power by pouring judgements against the government. And that undermined the authority and perhaps the viability of the government. No wonder all the government MPs decided to stand against her vendetta. So it’s not a question of ‘Executive Presidency using a captive and manipulated parliament’, at least at this instant. Shirani had invited majority parliamentarians to be against her.

            That’s how she jumped in to a do or die situation. She hadn’t acted like former CJ Samarakoon when he faced the impeachment inquiry. CJ Shirani started to act more like a politician. She got Ven Sobitha to chant pirith and Fr Iddamalgoda to bless her at public gathering in front of Superior Court.

            At the impeachment inquiry, she used a delay game and Rajapakse did a quick game in reply. This SC judgement is to seal that outcome. And that’s the truth.

            It was too late, I suppose, when she realized most of her backers like you were using her in their power plays to rid Rajapakse just like they used egoistic Foney.

            • 3
              0

              Banda,

              I am not passing judgement on CJ Shirani Bandaranaike. She may be guilty or not guilty. She may have deserved or not deserved impeachment. What is in question is the process that was followed and the depths of depravity displayed by both the Executive Presidency and parliament. Further, it is the fact this shameful process was directed at the highest official in the national judiciary, an office that represents the third pillar of our governance structure, that makes the whole exercise nauseating.

              As the ‘ Sunday Island’ editorial of today rightfully questions, why should not have the impeachment postponed until the Supreme Court decided on the validity of the Appeals Court decision? What was the unseemly hurry? Why was the Supreme Court decision on the invalidity of the Appeals Court judgement sought to confirm a fait accompli that was illegal in terms of the Appeals Court judgement, when made? Can the Supreme Court restore life to a executed person, if his case was appealed after his sentence was carried out on a decision of a lower court? The norm would have been for the execution to be stayed, pending an appeal to the Supreme Court. The revered office of this nation’s Chief Justice has been executed in this instance, in blatant disregard for legal norms. The position has been tarnished almost irreparably as a result.

              This issue demonstrates as no other what is wrong with this country- collapse of the rule of law, impunity and precipitously falling ethical standards in governance.

              Dr.RN

        • 0
          0

          Narendran,
          I say, ShiraniB’s shifting her stand is the result of a coup.

          MR should not have appointed ShiraniB as the CJ. Many a nationalists thought she has been messing with the NGOs for far too long to be an impartial Chief Justice. Perhaps MR had no option for it was the Bandit Queen who appointed her to the SC from nowhere in the first place and paved the way for her to be the most senior judge by then.

          Anyway, even after appointing the CJ, the woman showed she had no principles whatsoever. With a plum but unsuitable job bestowed on her salesman hubby, CJ Shitrani played very well with MR at the beginning. At that time entire opposition was criticizing her judgements. When JVP and UNP parliamentarians accused her hubby for that corrupt share deal at NSB and made a complain to the bribery commission things started to go wrong. Opposition demanded not just the hubby but wife CJ should resignation as well. Gossip mongers rumoured that the deal was done to help Duminda on MR instructions. And, MR had no option but to ask hubby to resign.

          Shirani was annoyed with MR and decided to change her tactics. She started to bite into MR’s power by pouring judgements against the government. And that undermined the authority and perhaps the viability of the government. No wonder all the government MPs decided to stand against her vendetta. So it’s not a question of ‘Executive Presidency using a captive and manipulated parliament’, at least at this instant. Shirani had invited majority parliamentarians to be against her.

          That’s how she jumped in to a do or die situation. She hadn’t acted like former CJ Samarakoon when he faced the impeachment inquiry. CJ Shirani started to act more like a politician. She got Ven Sobitha to chant pirith and Fr Iddamalgoda to bless her at public gathering in front of Superior Court.

          At the impeachment inquiry, she used a delay game and Rajapakse did a quick game in reply. This SC judgement is to seal that outcome. And that’s the truth.

          It was too late, I suppose, when she realized most of her backers like you were using her in their power plays to rid Rajapakse just like they used egoistic Foney.

    • 1
      0

      Here you go:
      “Funds should be raised from the public to provide her and her family physical security. “

      From 16th of Jan 2013 in your reply to an article by Basil Fernando.

      So I repeat the question from the other article, any status update on this public fund you were talking about ??

      • 2
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        Dev,

        Thanks. I have said that funds SHOULD be collected and not said that I will collect them. There is a big difference. I
        Dr.RN

        • 1
          0

          Yes, you suggested it though didn’t you??

          There is no point in suggesting something unless you are willing to start it/do it yourself.

          I cannot go around telling people to reduce their sugar intake when I am not willing to do it myself !!!

          besides, you lived and worked abroad, you probably spend in one day what I spend in 2 weeks, so you are financially better off than 99.99% of the population. If you are unwilling to start a public fund for the old CJ, is it fair for you to call for such a fund??

          • 1
            1

            Dev,
            When did you become my accountant?

            Further, you logic is rather skewed.

            Dr.RN

        • 1
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          Dr.Rajasingham Narendran

          Maybe; maybe. But tell us, how much have YOU coughed out so far?
          There is a Russian saying that you can even sit on a porcupines back. Yes you can. ……..as long as your arse belongs to someone else.

    • 1
      0

      Just like Ranil Wickramasinhe and co. are being haunted from their support of the current constitution, supporters of this regime’s action will also come to regret their support for the rest of their lives.

      And this SC decision is one such event that they will have to grapple with in the future.

    • 0
      0

      Dad is the solution!
      ……but WHO is going to be the Dad?

      • 0
        0

        Wont that be Mums husband?

  • 17
    2

    MR regime uses all its powers to destroy justice and legal system in Sri Lanka. Unfortunately, the people of Sri Lanka, particularly Sinhala Buddhists prepared to destroy the core values of the democracy, principles of Buddha and the human values in order to protect the fundamentalists racist Buddhist criminals from facing the justice.

    • 3
      0

      Face it man, Sinhala Buddhists didn’t ask for Democracy and they don’t know the value of it either. If not for the British introducing modern rules and laws, they’d still be happily offering their daughters to the King or the “Gam-muladani” in exchange for his favor.

      You still see that mentality playing out in Sri Lanka today. Thank God for International Laws against child exploitation they cannot offer their daughters anymore. But now they offer what ever else they have, including themselves (for meetings and protest) and their vote in order to gain favor.

      It will be several generations before Sri Lankans will fully understand what it means to vote at an election and the meaning of Democracy.

      • 0
        0

        Enjoy watching the way your kith and kin have perfect democracy in [Edited out] Nadu.

    • 0
      0

      couldn’t have said it better !

  • 15
    0

    Jungle rule by the Babarians

    • 2
      0

      Jim Corbett of Kumaon fame had spent a few decades tracking down and hunting man eating tigers in the Kumaon region of Himalayas.

      Having observed tiger behaviour at close range he has written that a popular statement of ‘Law of the Jungle’ is improper usage. He said that there are laws and etiquette that tigers follow even while hunting for food!

      • 2
        0

        Mr.Sivathasan,

        What you quote is absolutely true. Animals rarely kill , hurt, fight or mate for fun or out of malice. They have their rules of conduct and territorial imperatives. There are hierarchical contests, which result in a show of force. These rarely result in hurt or injury, in nature. Man who is credited with a higher level of intelligence than the most intelligent of his counterparts in the animal kingdom, kill, hurt , fight and rape for fun and out of malice and greed. We have our time tested rules of conduct- both written and unwritten, yet we breach them at every turn. We are defined as social animals, yet we are the most anti-social in our behaviour. Our political class can be classified as worse than any in the animal kingdom.

        The ‘ Naked Ape’ though now clothed, has in the process lost his soul.

        Dr. Rajasingham Narendran

  • 1
    18

    Well done Mohan slap of the face of L.T.T.E PROXIES lIKE [Edited out] and ENTIRE BAR OF jaffna.Foolishness of Sirani b exposed.Sriskandarajah entirely burried.

  • 12
    0

    This judgement does not justify Unlawful Decision of Parliament because at the time of impeachment, the Court of Appeal judgement was valid. This is only a cover up.

    • 1
      2

      This SC decision ends Shirani B’s last legal hurrah to effect a neocons power grab by a Hultsdorf spring. She’d better be ready for a long haul to save her own and hubby’s skin.

  • 3
    3

    All the king’s men, all the king’s horses…are at work..but will not put Humpty Dumpty together again !

  • 6
    0

    The Architect of the 1978 constitution creating the Executive Presidency announced that anything can be done under the powers vested in the EP EXCEPT to change a man into a woman&vice versa.I am afraid that even this is possible now.

    • 0
      0

      Not many people seemed to oppose EP under a benevolent leader.

  • 6
    0

    Goes without saying. The final nail to the coffin for the rule of law has been driven with ease. The least said about Kamalesh Sharma’s fiction the better. He also made out to the world of Human Rights commissions as if these a commissions in Sri Lanka were independent. far from it. He got what he wanted.Bensen

    • 2
      0

      Would there ever be a ‘ Final nail’ in the affairs of Sri Lanka? The corpse will be rotting within the coffin forever and the nails will continue to be driven hard and fast. For how long? Until we the people wake up from the opiation we have been subjected for several decades by our politicians in the form of ethnicity, language, religion, indiscipline and benumbing violence of all sorts. We have been rendered a nation of sleep walkers. What we have is a ‘demoncracy’ where the people count the least and exist only to anoint a never ending procession of inept, corrupt, cruel, smooth talking, lying, deceiving, immoral, indecent , anti-national , anti-people and self-aggrandising ( I have run out of adjectives!) politicians and governments. We have to come out of our opiation to change our demoncracy into a democracy. The sooner the better! Can we!

      Dr.Rajasingham Narendran

  • 15
    1

    J.Thavarajah.

    “The Architect of the 1978 constitution creating the Executive Presidency announced that anything can be done under the powers vested in the EP”

    Even without the Executive Presidency Mrs Sri Mao Banda did what she was able to do.

    Her armed forces killed or made to disappear about 18,000 innocent Sinhala people. She changed the constitution and name of this island without a referendum, made state’s responsibility to protect Buddha Sasana, all employees in the state sectors were recruited through ruling party MP’s or cronies, Trade union activities were highly politicized (inaction when their party is in power) by SLFP, CP, LSSP………

    Impunity and corruption didn’t start with JR, both have already become the norm. JR’s UNP took both to a dizzying heights.

    MR is only continuing it on fast mode.

    • 1
      0

      In fact JR learned a lesson from Bathalawathy. Otherwise, the rot during his tenure would not have been as bad.

  • 1
    0

    Native.
    You have put the fear of God into me.
    Do you envisage someone taking over the baton on the last lap of the relay and making the final dash on a still faster mode?

    • 2
      0

      J.Thavarajah.

      “You have put the fear of God into me.”

      If the god causes fear, you are better off without the god.

      “Do you envisage someone taking over the baton on the last lap of the relay and making the final dash on a still faster mode?”

      Whoever is going to replace MR would be much worse than him as MR has proved it to be true.

      Regime change is not the answer to the problems facing the the people, but a structural change in people’s thoughts, words and actions coupled with a complete restructuring of the state, its institutions and those faceless little people behind the desk who man the institutions.

  • 2
    1

    Jayawewa!!! Let us now worship MR and keep our mouths shut…. Thank you the Shit Court … no Supreme Court and Marsoof J. You will now get after retirement position……

    • 2
      0

      Marsoof and all his other friends who delivered that judgement would have learnt the law from Hambanthota mara. Don’t call any one of these men and women judges, they are just back lickers of the mara. They should all be taken before the people for their judgemnts. No one should respect these currpet people serioulsly any more. Very soon the common mass will taken the law unto their hands as there is no other place to go. The present cheap justice has already paid the price by loosing his only daughter and his own sister in law killed accidentally by her own daughter reversing the car. He will pay more in the years to come.Now not alone all the others who gave this kekille decision will also pay before you all die. The curse of the common man is hanging on your head.

  • 5
    0

    Still the fight must go on – The Commonwealth lawyers Assoc. has to
    re-open the matter with the Commonwealth Authorities as there may be
    openings yet?

  • 2
    0

    Travesty of justice. The little finger of the king is more powerful than the loins of law.

  • 2
    0

    .
    Is MaRa following footsteps of Saddam Hussein or Idi Amin?

    :-)

  • 1
    0

    Shirani B’s down fall began with her refusal to meet the President. Then made serious public allegations against the President, Probably on the instructions of regime changers.
    How come it is unethical and immoral when the present CJ appointed judges to hear his case but it is quite alright when SB appointed judges to the appeals court to hear her own case? And that too to annul a decision taken by the parliament.

    • 0
      0

      Former Chief justice’s refusal to meet the president is justified btw. How can the president summon the CJ?

      • 1
        0

        Liberal One

        “How can the president summon the CJ?”

        Get Gota to send a white van.

        There is a small problem with that.

        Have a guess.

  • 3
    0

    THIS JUDGEMENT WAS ALREADY GIVEN BY SATAKAYA. SO WHAT SHALL WE HAVE TO DO EXCEPT GO TO U.N. SRI LANKA IS NOW ILLEGALLY RULING COUNTRY.

    • 1
      0

      But you jack asses couldn’t start an ‘Arab Spring’ or a la Libya?

  • 1
    0

    these “sol called judges” or the bunch of 5 do not have ethics it seems. They are just cronies of the current regime…who would go to any length to stay and hold to their posting, just so they can enjoy the perk and all that comes with it.. Shameless and SPINELESS legal eagles… rather vultures I’d say to be holding the citizenry of SL at ransom…

  • 0
    0

    these “so called judges” or the bunch of 5 do not have ethics it seems. They are just cronies of the current regime…who would go to any length to stay and hold to their posting, just so they can enjoy the perk and all that comes with it.. Shameless and SPINELESS legal eagles… rather vultures I’d say to be holding the citizenry of SL at ransom…

  • 0
    0

    There is no legality in this ruling. Why someone said that? When there are no law and order or good governance and democratic values means the regime is illegal and functioning as same as in Hosni Mubarak of Egypt , like late Gadaffi in Libya. When Gammanpila argue with his small legal brain about the political appointment and administration services, no one can expect such a free & fair justice system or police or military and elections in the country. we have one of the saddest level of social equilibrium. There are no wander about the accusation brought by the international community at this present day context.

    You can do your politics the way you like , but don’t take the country and its people for a ride!

    • 0
      1

      So you think Libya is a perfect democracy with a flourishing economy after Gadaffi. Truth is; Libya is fully fractionalized and not a day pass by without a bomb being exploded. Egypt and other ‘Arab Spring’ countries that were demanded democracy is no better. Indeed, they are having bitter winters. Those who had instigated uprisings and mayhem in Arab countries, the gang of international community are busy robbing the oil wealth of Arabs. We’d better understand that that’s the democracy international gang wanted Sri Lanka to have as well. Man, this is the modern day colonialism. So, let us keep the democracy we have.

    • 0
      0

      Gonmapila does not go through any facts and figures based information properly whenever he argues regardless of the issues they have been. Lately, having watched – balaya- on the TV, I thought people should very stupid to call or hail Gonmapila as a real buddhist the way he himself has been trying to show. Real exemplary buddhists, in general cant react as radicals. But his has been proving again and again that he is.
      He says that sri lanka belongs to the 10 countries that offer free education in the world today, but excluding several european countries to that list. Many of the european countries including Scandinavian do offer free education. Germany’s university education is free. Few years ago, they started charging the course fees, but they abolished considering that not many would go to study degree course, if course fees would be charged. The facts, that ours is more connected with almost only English speaking, today the students in SL are not aware of the facts about many countries in Europe. It is the cost of living that the average would not be able to bear in these country, especially coming from our countries.
      Yes, the lankan society is unique to them. I believe if politicians, Uni dons and other senior professionals could build up a common platform to work on the very issues. Even pvt media could play a key role by bringing political, social economic debates taking advantage of the today’s facilities. I wonder why those pvt channels (TV or Radio) still fail to call for european like opinion polls in order to gather more information covering cross section of all walks of people. May be those pvt media channels are threatened by ruling thugs, if they would do so, consequences would have been brutal. No secret, ruling regime is more talents at high crimes than the other way round – all those media may have limited space to move.

  • 1
    0

    Nullifying a rule given by the court by a team of judges appointed by a Cheap Justice who benefitted from sacking of the legitimate Chief Justice, is only worth the paper it has been written on. The whole world knows that this is an illegal act carried out by a Cheap Justice and the Rajapakse brothers. Damage done to the respect the justice system of Sri Lanka and the Judges of Sri Lanka (some of whom sit in other parts of the world) is severely affected by this decision. How can a group of illegally appointed judges by an illegally appointed Cheap Justice come to a conclusion that a legal decision given by a group of legally appointed judges as null and void?

    • 1
      0

      Poor GLP will have to face heavy loads of questions in the up coming UNHRC sessions, as no previous times, since illegal CJ impeachment, Wanathamulla Sunil’s abduction, Baratha Murder case, British tourist’s murder case etc are within huge HR breaches. That lanken delegation has to have balanced arguments.

  • 0
    1

    So Shirani is now completely sacked without hope!

    Good.

    • 1
      0

      Very , Very Good. Trillium Yaka and NSB Yaka are taking revenge.

  • 0
    0

    Shirani B brought it on herself by
    a)going in her robes to congratulate Namal after he took oaths – this demeaned the office of the CJ and had never happened earlier,and,
    b)approving the 18th amendment in 24 hours knowing that it spelt the death-knell of democratic governance.
    By these acts,she was taken for granted,and by the time the Divi Neguma bill came up,she had surrendered the justice system to the Rajapakses,and it was too late to stand up for what was correct.

    Now the ‘justice soup’ is boiling by one set of judges overuling another,and the lawyers are thoroughly confused.
    The nation is now subserviant to the MR Clan,and nothing can be done short of mass protests like in Egypt,Syria & Ukraine – but thousands not hundreds will be killed as MR & siblings have a ‘slave army & police’ in their pockets,to nip such uprisings in the bud.

  • 0
    0

    Assurances are just an eye wash.Remember what happen to 13 plus?

  • 0
    0

    This judgement was prepared long ago by MR. It only come from the mouths of these 5 stooges who call them Supreme Court Judges. Sri Lanka is fast becoming a replica of Mugabe’s Zimbabwe or Idi Amin’s Uganda.

  • 0
    0

    Judiciary reduced to the level of public servants who may be impeached sacked at the behest of the corrupt thugs, ethanol mudalalis and kudu karayas at Diyawanna. Justice demoted to the level of gutter politics.

  • 0
    0

    Have anyone of you guys read the judgement of the Supreme Court?
    Please read at http://www.supremecourt.lk/ and comment.

  • 0
    0

    it looks “karma” has already started playing the first game. Second may be Geneva!

  • 0
    0

    Agreeing with reader who signs as Justice, on the one hand this is the
    inevitable clash in the ambiguity in the question of the supremacy of the Judiciary and the Executive – a weakness in the Westminster system. In times when they do rarely occur, usually the Executive yields in the interests of good order.

    But other than this is the unacceptable conduct of the former CJ, who brought the high office to disrepute. She not only hobnobbed with the
    crooked regime but also tried her hand into a couple of questionable
    deals where she was party to her husband benefitting from State patronage due to her position. For this her husband and she must face the full force of the law, at least as a deterrent.

    Kettikaran

  • 0
    0

    M.H.M.Salman.
    Most commentators on the C.T.do not bother to read judgements of the SC.Why? Simply because they realise that there is no Independence of the Judiciary now,unlike the earlier days.The fact that the SC.delivered judgement justifying the removal of Hon.ShiraniB does not mean a thing.I would suggest that you read the impeachment of Sir.Francis Bacon-Lord Chancellor[Presides over the Privy Council],in the 17th.century and compare to this travesty of justice.Res.Justicia.

    • 0
      0

      Mr.Thavarajah, You have got your wires crossed. Supreme Court did not justify the removal of Shirani Bandaranayake as the Chief Justice. The ruling was that the Court of Appeal did not have jurisdiction to issue a writ of Certiorari quashing the report of the Parliamentary Select Committee.

      Instead of Sir.Francis Bacon read Hon. Saleem Marsoof J for a change and try to understand the facts of the matter.

  • 0
    0

    This will have an impact of the Provincial elections. Time is running for MR-led government to be toppled.

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