21 November, 2019

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Rajapaksa-Sirisena Alliance Undermines Constitutional Council: CC Refuses To Consider Sirisena’s New Nominations On SC Appointments

A fresh crisis is brewing with President Maithripala Sirisena opening up new battle lines with the Constitutional Council over the appointment of judges.

President Sirisena

Colombo Telegraph exclusively reported that President Sirisena, in a bid to manipulate the judiciary, has refrained from appointing Justice Gamini Amarasekara and S.Thurairajah as Supreme Court judges despite the CC recommending their names.

Without appointing the two judges with unblemished track records, the President has referred two other names, K.K. Wickremesinghe and Deepali Wijesundara, to the CC for approval to be appointed as the Supreme Court judges.

Meanwhile, Mahinda Rajapaksa, the newly-appointed Opposition Leader also attended the Constitutional Council meeting yesterday and supported the President’s move to nominate two new names to the Supreme Court, undermining the authority of the Constitutional Council.

However, the large majority of Constitutional Council members declined to consider the President’s nominations and decided to stick to their guns. As a result, the Constitutional Council’s previous decision on the appointments of the two judges remain unchanged.

Political observers, however, believe that the President’s resistance to the Constitutional Council will give rise to a new crisis in the days to come. They also believe that the President’s actions to undermine the Constitutional Council’s decisions are likely to be challenged in the apex court in January.

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  • 74
    5

    Constitutional council,

    Yes. Please do not give in to dictatorship. Protect democracy and the rule of law. Yes, challenge every move by Sirisena-Mahinda Junta in the courts.

    • 29
      0

      Rajkaapshes ideologies can only corner our beautiful country like putting us from frying pan to hearth. Last 52 days in which we had no LEGITIMATE govt for island nation, ruined the image the country had among the international communities. However, President and his newly made twin brother – former President both seem to be doing whatever they do not in co,mpliance with constitutional paragraphs.

      These DUO -Rajakashe and SIirsena are like both sides of a coin. They dont care or respect anything as read in constitution or lawful literiture but given their thoughts whatever they are upto do.

      As yesterday s information covered, not a single lawyer who may have advised SIRISENA with the premature dissolution of the parliment denied to have done so. According to those lawyers, they only had to defend the stupid and unforseeing actions of stupid President.

      CT, please correct this again – even if honorouable speaker already made notifications on the appointment of MR as the new speaker, his position has not yet been 100% sure considering his new membership taken in SLPP. As we are learnt, once elected MP would take the membership of an another party, previous membership automatically should go null and void, consequently the parliamentary seat of them should also be cancelled accordingly.
      So the experts are on studying the issue, if all those left SLFP and joined themselves to SLPP have already lost their MP positions in the parliament.

      Secondly, Rajakshe is well known to at least 50% locals and fully to international communities that he has been an authoritarian ruler whose ideology was akin to those of Belarus ‘s Lukashenko and Zimbabwes former leader Mugabe.

    • 27
      1

      One black sheep hangs out with another. Dirt on them is hard to be found, hope the rural masses noticed in the last few months.

    • 6
      16

      It is time to seek a clarification from the Supreme Court about the power vested with the Constitutional Council.
      In my opinion, they cannot overpower the Executive President. They can make recommendations but the final decision should be taken by the President.
      Who are these people in the CC to undermine the President who was elected by a nationwide popular vote? I am NOT talking about the person. I am talking about the position.
      All the MPs in the CC are partisans who were elected based on district-wide votes and others are complete outsiders who were handpicked. None of them are independent. They all have vested interests.
      Fixing Parliament for 4½ years and having regulations to remove the PM (as it normally goes to the party leader who secures the majority seats) are different as enacting those changes did not need a Referendum. As per the SC ruling, Presidential power clearly has not been transferred to any other individual or institution as he can still dissolve Parliament after 4½ years or (though sounds funny) with ⅔ majority.
      As Gomin Dayasiri says, fixing Parliament can be seen as undemocratic. However, if a President abuses his power to dissolve Parliament based on his personal grudges or gain, then it could be disastrous. So it has two sides. People now have a better option, don’t they? Before they could change governments every 6 years, then 5 years and now 4 ½ years.
      The transfer of Presidential powers to the PM, Parliament and the CC was half done.
      Having ⅔ majority is NOT sufficient to transfer executive powers of the President to anybody. It can be enacted only after receiving people’s approval through a Referendum. Ranil and Maithri are yet to hold that Referendum. Therefore, the CC has no authority to overpower the President.

      • 3
        2

        Even for a second if we think CC cannot overpower the President, based on how the President became a President promising at the Paththirippu that he will do away with Presidential powers and appoint CC, alone is enough to prove that CC has all the power to over rule the President.

        This illiterate power hungry President who as per the Supreme Court violated the Constitution should be impeached immediately.

        • 1
          0

          Buddhist
          President’s verbal promises are personal which cannot transfer any powers to the CC. It has to be done in accordance with the Constitution and with the approval of people.

      • 5
        1

        Champa

        Have you seen KASmaalam K A Sumanasekera anywhere in this forum?
        Since the defeat of the Prince of Darkness at the supreme court KASmaalam K A Sumanasekera and his fellow b***s carriers have been keeping a low profile.

        Does Wimal Windbag Weerawansa still want the mob to evict Ranil from Temple Trees?

      • 4
        2

        Champa
        The Constitutional Council is to ensure checks and balances even where the Post of President is concerned. There should be no undermining the authority of the Council or the post of President irrespective of who holds the positions. This case may end up in the Supreme Court as it appears there is an attempt by MS-MR alliance to manipulate the judiciary.

        • 0
          1

          Steve
          The Supreme Court is the only authority which could ensure checks and balances where President is concerned.

    • 4
      0

      Amarasiri

      Where is Dr Laksiri Fernando?

      • 2
        0

        Native Vedda,

        There are rumors that he was admitted to the hospital to try to find out why his balls are dissolving, ever since the 7-0 Supreme Court verdict. Some suspect that was due to the phenomenon of induction, as Sirisena’s balls dissolved.

        Let’s hope that they can identify the electro-magnetic forces responsible for this ailment. Do you think a Kattadiya can help?

  • 44
    1

    Send this guy to Angora, please.. Also, please someone explain, how this guy who violated the constitution give oaths (proclaiming to safeguard the constitution) to ministers? Like a murderer safe guarding the prison..

    • 1
      0

      Angora are sheep. Sillysena will find good company.

  • 40
    2

    Time for impeachment and for trial for treason. Good opportunity now to drain the swamp and get rid of this vermin. Come on RW, we expect you to do the right thing by us and enforce the full force of the law and not tolerate any nonsense from this idiot MS who has already breached the constitution. Get your forces together and go for impeachment. You have our fullest support and your respect will be further strengthened by eliminating these politicians who think that they can do as they please irrespective of the law. MS and MR need to realize that the days of making appointments as they please and weakening the independent commissions to enable them to rob the citizens of their rights is over. We will be watching developments closely and one step out of line will be appropriately dealt with by the citizens of SL. Also with MR joining the pohottuwa he is no longer an MP and this legal issue also needs to be pursued. The bastard MS is showing his true spineless colours and what ever schemes are attempted remember appointments to the Supreme Court must be recommended by the CC and not by this arsehole. If MS is trying to undermine the government, we the people will rise up and eliminate him.

    • 12
      1

      Yes, It is time for impeachment against Sirisena & Mahinda Family. It is not only UNP but SLFP members and supporters also should support against these brutal dictators. Why they should be impeached and remove their civil rights?
      1.Both betrayed SLFP.
      2. Both betrayed Mother Lanka.
      3. Both used the constitution, judiciary and parliament illegally and immorally.
      4. They openly paid bribe unlawfully and got bribe from illegal arm trade, human traficcing and commissions.
      4. They abducted, murdered a number of journalists and human rights activists.
      5. They sold our mother lanka to China.

  • 1
    7

    The placement of judges would be to base your game on having a strong defense.But the judges knows that identity of the selector’s Real knowledge is to know the extent of one’s ignorance. Picking the non-recommendation ones itself is the evident and strength to gauge the validity

  • 9
    47

    It is wrong to depict the president as corrupt and the CC as lilly white. Whether these appointments are made by one person or a committee of 10, corruption is corruption.

    As many creations of the disgraced yahapalana regime, the CC was stacked with people like Radhika Cumaraswami and Vijitha Herath who are simply not qualified to consider judges’ appointments. The reasons why the president is against the judges chosen by the CC needs to be looked at before passing judgement on him.

  • 33
    2

    It is incredible and beyond belief the depth to which his (Sillysena’s) mind has sunken down to. He is destroying the entire psyche of Srilanka. The money he spends on clothes is a total wastage.

  • 28
    4

    “Political observers, however, believe that the President’s resistance to the Constitutional Council will give rise to a new crisis in the days to come”
    Over to you Judiciary. The country comes first. Rajapakse-Sirisena Alliance can stop playing games with the country. Enough is enough.

  • 7
    3

    Jack and Jill went up the hill to find only their “WILL” defeated.

  • 21
    1

    Sira should focus on doing on job properly and go after the Bondscamers and releasing the full PCOI Report so that the crooks can be prosecuted, instead of playing politics with the SC.

  • 18
    2

    yeah don’t trust this rajapakshe mole anymore.It will be like having a trojan horse.Kandy municipal council cannot function because the budget has been knocked back with SLFP and SLPP joining.

  • 11
    3

    His days are numbered, let retire battered with a thick coat of dung and withdraw to his village.

  • 18
    2

    This President has become a mutt due to a more powerful hand above him – SL is being dragged to its
    end – a Gen. election IS NOT THE Answer, until the hidden hand is revealed and action taken to
    crush it.
    Elsewhere in the web one reads this:

    “Unlike Mr. Sirisena, Mr. Rajapaksa is yet to say that he will abide by court decision. He wants an immediate election, not to strengthen democracy but to end it. He believes that an immediate election (and one held under his control) will enable him to win a two-thirds majority. Then he can amend the constitution, contest the presidency in 2020, and be king again.

    What will he do, if those dreams are threatened by Maithripala Sirisena?

    Already there are attempts to incite racism. Attempts are being made to depict the TNA’s valuable contribution in defence of the constitution and democracy as a national threat. Soon the Muslim parties will receive similar treatment. In the coming weeks, we might hear more of the farcical assassination attempt against Maithripala Sirisena and Gotabhaya Rajapaksa. And there might be sudden outbursts of violence in the North or the East, the sort of incident which can be used to ignite minority phobia, addle Sinhala-Buddhist minds with fear and give credence to the perennial Rajapaksa slogan that ‘motherland is in danger’ and only Mahinda and Gotabhaya can save it.”

  • 5
    1

    THIS TWO LEADERS MY3 AND MAHIMAMA ONLY LISTEN TO SUPREME COURTS.WHY ARE THEY TRYING TO UNDERMINE THEM SELF FURTHER GOD ONLY KNOWS.COMING DAYS ARE NOT GOOD FOR THEIR FUTURE IF THERE IS ANY THING CALLED FUTURE FOR THEM IN POLITICS.

  • 7
    2

    The civil society in Sri Lanka, the voters, the general PUBLIC, inclusive of the media and press, judiciary, police and the armed forces, Private and Public Sector, students, teachers and ALL must be united to raise-up a COMPLETELY new body of educated, tried and tested, known to be INCORRUPTIBLE, to sit in Parliament. EVERY ONE of these dirty, corrupted, arrogant, unruly, bullying, foolish bunch of UNPers, SLFPers, JVPers, TNAs, Muslim and Tamil parties, without exception must be removed. Except perhaps Karu Jayasuriya and Gamini Jayawickrema Perera.

    As long as these ruffians remain, Sri Lanka will not prosper but this lot will become billionaires and the country will fall into the hands of China.

  • 7
    3

    vasu
    who is the pakaya now?

    • 7
      0

      Gamarala’s irrational behaviour is not entirely of his own making.
      The mobster Rajapakses and the Sinhala Buddhist extremists are behind in a clear campaign to harass and sabotage Ranil’s administration. In fairness to Gamarala one must say Ranil’s narrow aloofness and his imperious nature in not paying sufficient attention to the office of President are a few of the reasons for the toxic chemistry between them. Even at this late stage, Ranil shouls change his irritable ways – particularly in his inter personal relations with his colleagues. He should realise this is probably his last stint in political leadership. He has few friends outside the UNP and less within than he presumes. Let him remember what Sirisena Cooray said of him in early 1990 “Ranil has lent a blow to the UNP from which it will take our Party very long to recover” That time, clearly, has not come to the detriment of the GOP and her millions of followers. It is sad for a Party that has talented younger leaders like Sajith, Eran, Harsha, Ajith Perera and several others.

      Kettikaran

  • 8
    0

    Eliminate or completely decimate MaRa, GoTa, Basil, Namal from Sri Lanka soil if you really want to create space for a lasting democracy and rule of law. Then Sisisena will fall flat.

    Rajapuksa clan is a curse to our nation…..

  • 6
    0

    One-time Grama Niladhari is recommending who and who should be appointed as Judges of the Supreme Court.
    I dont know whether to laugh or to cry.
    The President seems to get a kick out of overriding the due Constitutional Process.To impeach him around 150 MPs should sign the motion.;Would it be possible?

  • 1
    2

    The 26 October ‘removal’ and the ‘crisis’ or ‘constitutional coup’ that followed had made the Constitutional Council to realise that their role is not “Yes Sir,…………….. Yes Sir”.
    .
    CT says that the CC preference are Justice Gamini Amarasekara and S.Thurairajah as Supreme Court judges. CT adds ~ “………the two judges with unblemished track records,………”.
    Do we take CT’s word for this assertion?
    .
    As to Deepali Wijesundara’s verdict on the Fonseka case. Fonseka was not an angel. Is he?
    It is interesting to note the almighty MR descending from “Nominated. That is it” to sitting with CC and putting forward his view!

  • 9
    1

    Sirisena with the advice of his so called advisors are scuttling every move of governance . He is sick
    and revengeful because he lost. Sirisena should be impeached , Ranil must not be a weakling and give into
    Sirisenas idiotic tactics.

  • 9
    0

    Wickremesinghe has told Sirisena that he will not support an impeachment move. Can some of his close Advisors please drive some since into this man. His only chance to put the country before self and rise above petty intrigues. Be a statesman RW, Be a MAN for once

  • 5
    1

    Only solution to this crisis is to impeach the bastard ASAP and put behind bars for rest of his life where he belongs.

  • 7
    1

    We, as peace loving and politically unbiased citizens of this country who voted for the election of the Yahapaalana government strongly stand by the decisions of the Constitutional Council in this matter.

  • 1
    13

    I doubt if there is any any issues by anybody in the President in suggesting the names of K.K. Wickremesinghe and Deepali Wijesundara as Judges of the Supreme Court for approval to the CC.

    Not nominating the names of Justices Gamini Amarasekara and S.Thurairajah as Supreme Court judges is a constitutional right of any president ( even before the executive status being bestowed on the role any President of the DSR of SL.

    • 3
      0

      If the President has every right to take decisions of his own, just like JRJ had but to make a man a woman, then what is the use of Constitution Council? Do not forget the fact that 6.2 million voted to abolish the Executive Presidency, though some have forgotten that so conveniently.

  • 1
    0

    Invoke article 37 (2) of the constitution.

  • 5
    0

    The man who came to restore law and order, and rule of law, now shamelessly behaving in this manner by getting into the sarong of the thrives, cheats and murderers. It’s high time all to get on streets, and chase away this lunatic. By any measures, he wouldn’t learn anything and be a sensible man. At least after the two court orders, he should have reformed himself but still he is adamant in putting more hurdles to the government’s and country’s progress. We don’t want such President anymore, and non should have any right to interfere in the affairs of the independent commissions which are vital for safe guarding the people’s rights and democracy in the country.

  • 4
    0

    I totally agree with Amarasiri’s and Kalubokke’s sentiments and anger expressed in this esteem journal
    on the stupidity of the current President to object to Constitutional Council’s decision to appoint two sup
    -reme court judges with unblemished track records, on merits, and rare to find in this corrupt country. There seems to be two presidents functioning in the country today ,one elected by minority votes and the other self appointed. On what grounds and position MR attended CC meeting and it is clear now that he wanted to intimidate the members because he feels that his presence in any meeting scares the attendees.
    Supreme court judges set an example to the other Govt.organizations to stand by the laws and not deviate due pressure from undesirables. CC should stick to their decision as President may have thought that a Tamil is one the judges recommended and easy to throw him out as no questions will be asked. CC should see that the two judges they recommended should get their positions confirmed at the earliest as the Prez and his clan expect a favorable Supreme Court could throw the current elected govt .out on some legal grounds and that is the mighty hurry to appoint a favorable SC as He must have got this idea from his counter part in USA, Mr Donald Trump, who is in the same position as Prez Sirisena, facing impeachment.

  • 7
    0

    it is increasingly becoming clear that sirisena is not fit to be the leader of this country. His actions are partisan and done on personal motives and childish behavior. Appointment of MR as PM, dissolution of parliament, refusal to appoint RW as PM , refusal to appoint SF and Range Bandara as minsters and now interfering in the CC decisions all points towards sirisena having serious problems may be mental balance issue or lack of insight or a psychiatric disorder , what ever it may be he is not fit for the post.

    Its hard to imagine sirisena refusing to appoint Range Bandara because he disclosed illegal deeds by sirisena clan during the political crisis (which probably played an important role in bringing down sirisena to his knees). Sirisena himself was part of horse trading which he endorsed in an interview saying MR could not get votes since the price of MPs were very high. This sirisena is that sort of a useless guy. He needs to go home.

  • 1
    0

    Selective Amnesia seems to be the best panacea for all of us. If there is any one in the right mind justifies all the parliamentary acts since the passing of Indian and Pakistani Registration law that disenfranchised nearly a million of Estate Voters, the Passing of Sinhala act of 1956, the violences against the Island’s minorities since 1056, the Pogrom of July 1983, the war on the Tamils since 1980 sill going on despite the 2009 May announcement are all in keeping with the Democratic Norms and Practices, let suc person /persons call a long delayed Investigations in the War crimes and ensure justice is delivered to the victims and equality and Fair Play still a cherished value in Sri Lanka..
    Once that is achieved I will accept Sri Lanka is a Land of Democracy and the present struggle in the name of protecting Democracy is the most valued will of the People of Sri Lanka.

  • 4
    0

    Deepali is the judge who sentenced SF on fault allegations. Another MRs best mate. I had seen photos of Deepali s daughters wedding where MR attended. MR wants them , puppet MY3 being under the pump of MR.

    We need to ask a question here , where is the so called Yahapalanaya? Are you bloke following that path or Yahapalanaya being substituted for MaRa-palanaya.

  • 0
    0

    Ranil have a serious problem of being showing him as the nice and victim. Chandrika took 3 portfolios, he criticized but very comfortable with her again. Mahinda did various treason to him like splitting UNP everytime he made sure he appeared innocent and victim but on the same he is very comfortable with Mahinda. Never publically called Mahinda corrupt or dictator. Now he is playing same with Sirisenas game. I suspect Ranil’s whole purpose is showing proving that he is a nice guy but a victim than clear obstacles, annihilate repeatedly proven anti democratic elements, and develop the nation. Look at him he never portray him as a capable leader forgot about a macho villain. Just showing that he is better than Gamini, Chandrika, Anura, Mahinda, now Sirisena, in the future Jayasuriya, Kumara Welagama, SPremadasa ….

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