President of the Bar Association of Sri Lanka, Upul Jayasuriya today expressed grave concern over the Supreme Court’s process to determine President Mahinda Rajapaksa’s eligibility to contest for a third term.
Upul Jayasuriya -BASL President
Speaking to Colombo Telegraph, Upul Jayasuriya said; “This ‘opinion’ expressed by the SC goes to prove all what I have said about the pressure exerted by the Executive on the Judiciary. The manner in which this opinion was expressed conveyed beyond doubt the pathetic situation in which the citizens of Sri Lanka are placed.”
The BASL president said; “This is the first time ever in the history of the Constitution of Sri Lanka wherein the proceedings concerning an ‘opinion’ has been held in Camera (private hearing opposed to a public hearing as always done) though it is provided for in the constitution. Judges in the past have always taken the more transparent path of an open court proceeding where in parties are afforded the opportunity of making submissions. That opportunity has been deprived in the current instance. There was no need to do it. There was no election for the Presidency pronounced.
“There was provision in the Constitution for the SC to seek more time. More over President asked the Supreme Court about the applicability of the provision on ‘Mahinda Rajapaksa’. This issue that was applicable on Mahinda Rajapaksa is a matter of private concern. It was the duty of the SC to have maintained its glory, the serenity and the credibility and refrained from expressing its opinion.
“An opinion is not binding. However there will be no public officer who will have the courage to ignore this opinion.
“President Rajapaksa asked for a mandate from the people in 2010 on the basis that he would not contest again on the basis of the constitutional provision as it existed then. He is therefore Ineligible to violate that mandate with out the will of the people obtained at a referendum. When 18th amendment was assented by the Parliament they could not have done it with out a mandate from the people if the 18th Amendment was to be applicable to the a Incumbent President. Such mandate was not obtained at a referendum on the 18th amendment. Therefore it is a fallacy to say the least that the President can contest for a third time apart from the cardinal principle that no law could be applicable retrospectively.
“Finally I would conclude by saying that the Judiciary has succumbed to the pressure applied by the Executive President.
“There is another alarming matter. On Last Friday at 3 pm the deadline was imposed to file written submissions. One day later on Sunday morning “Sunday Observer” reported that 33 out of 35 counsels has filed written submissions supporting the view that the President can contest for the 3rd time along with justifying the calling of a Presidential Election after 4 years.
“Question also arises as to how this government controlled Newspaper was privy to this information. This information was only known to the judges or the Registrar of the Supreme Court !”
Related posts;
Rajapaksa Wins Third Term Battle
Mohan Pieris And Nihal Jayamanne Draft MR Questions For SC Opinion
No “In Camera” Need An Oral Hearing: Full Text Of The Bar Letter To De Facto CJ
Mahinda Was Lying In Wait, I Was Waiting For The Opportune Moment: Ex-CJ Sarath Silva
Eligibility For A Third Term: From The Horse’s Mouth
President’s Reference To The Supreme Court
The Supreme Court Cannot Become A Party To A Political Trick: AHRC
Mahinda Rajapaksa Cannot Succeed President Rajapaksa
Rupathy / November 12, 2014
Mahinda Rajapaksa has tasted the power and turned it into a regime and regimes will do everything in it’s power to stay in power. At the same time regime will have to confront the other world entities who value true democratic and value true journalism.
Only one organization is going to stand in the way of Mahinda Rajapaksa. United Nation and their on going investigation. In fact Mahinda Rajapaksa doing everything possible to discredit the investigation which is what a regime who want to stay in power will do.
UN was fooled once by Mahinda Rajapaksa with Zero Casualty and the 13th Plus promises that was made to Ban Ki Moon & Manmohan Singh. Now that Manmohan Singh is replaced by Modi who knows how to dance around the China card by partnering with US to patrol the Indian Ocean.
Once Mahinda Rajapaksa gets re-elected in 2015 the the TRUE GAME will begin to unfold. No Regime can stay is power without adversely affecting their citizens.
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Thiru / November 12, 2014
Appe Aanduwa is unfolding and evolving, why worry?
All you people voted scoundrels to power and now you grumble.
What you want is what you get. Now that you got it, relish it!
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Rupathy / November 12, 2014
I keep in touch with what’s taking place in Lanka because of my parents roots. I am an outsider living halfway around the world but keenly watching the Sri Lankan’s “House of Cards” or The Ultimate Chess game.
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Pena Kiyanna / November 13, 2014
So Mr Jayasuriya is telling the counry that every one of the 10 supreme court judges (who gave a unanimous opinion on the president’s ability to contest a third time) is a dishonest thief. Unlikely.
What Jayasuriya should do is to stop waiting outside the US embassy for instructions, read the constitution and understand the judges’ interpretation.
There is no point in insulting and abusing the judges who also read 38 PC’s opinions in favour. Is Jayasuriya telling us all the PCs are thieves too?
Get a life.
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Fazl Muhammed / November 12, 2014
If I am not mistaken, Mr. Mohan Peiris & Mr. Faisz Musthapha were the legal counsels to the President & the Cabinet at the time of bringing the amendments to the constitution.
Is it not a conflict of interests when the same lawyer chairing the court in considering the same amendments that HE helped put together?
Me no lawyer, just asking….
:)
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Dev / November 12, 2014
Naughty boy, asking such cheeky questions !
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aratai / November 12, 2014
.
JRJ said, there is no 3rd innings in cricket.
MaRa says, there are 9 innings in baseball.
:-)
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Paul / November 12, 2014
‘SC Process Shows The Pathetic Situation Sri Lankan Citizens Are Placed: BASL’……..thanks to us lawyers, BASL, judges etc who let it happen.
Wording of this agreed with MR in advance to save BASL’s face?
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Ben Hurling / November 12, 2014
Sir,
““Finally I would conclude by saying that the Judiciary has succumbed to the pressure applied by the Executive President.”
Independence of Judiciary is now buried alive. Rest assured.
Let us not kid ourselves. No more questions required.
Cheers!
PS: Sri Lanka has now reached her lowest point since 1948. “Maha Rajano” intoxicated by ill-gotten power has lost all touch with reality.
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Pot Shot / November 12, 2014
The very fact that the CJ decided to hear the proceeding in camera shows that the government is mortally scared of public opinion. It also goes to that the CJ and the President are both guilty of their actions beyond any reasonable doubt and that is why this hearing has been shrouded in secrecy.
However It was always a foregone conclusion. A flawed constitution, With a corrupt CJ who drafts the questions to the supreme court then he himself gives the ruling to keep a corrupt gov in power and expects us the public to believe that all is above board. Of course the CJ did not give the ruling because he likes MR, he gave it because he loves himself. He knows if Rajapakse is out he will be the first to get kicked out. Miracle of Asia…my bloody foot
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K.A Sumanasekera / November 12, 2014
BASL Boss wants to kick Rajapaksa out,
Because he is bad and hurt the Elite and deny HR to their friends, the likes of the ex CJ.
And protects baddies like Kudu Mervyn…
But two BASL Bosse’s mates , top of the range ones ones for that matter who have PC attached to their names.front up to a Magistrate and thunders that Mervy’s son Malaka is the poor innocent victim of British brutality and should be granted immediate release.
Funny Justice they practice Isn’t it?..
May be Mervn’s money overrides any Human Rights, even British Women’s at the right price..
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Burning Issue / November 12, 2014
By the time Rajapaksas have finished with Sri Lanka, there will be nothing left to ponder about! They will bleed the county dry. Only people who are fighting the Rajapaskas are the Tamils and TNA! UN investigation is the only salvation that will eventually bring about change.
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justice / November 12, 2014
MR cannot afford to / dare not, become a layman – too many enemies around baying for his blood.
He MUST remain as president, in order to survive.
The supreme court too needs him as president, to survive.
Hence, the secret sittings, and a deadline which cannot be kept, for submissions.
This can happen only in sri lanka.
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Estate Labourer / November 12, 2014
How can any citizen of this country have any respect for the Supreme Court of Sri Lanka when its judges act like shameless bootlickers?
The judges who pronounced that MR is eligible to contest for the third term as president are morally inferior to the ‘Naataames’ in the Pettah who can be found in the liquor taverns after 6.00 p.m. (after an honest day’s labour).
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Wera / November 13, 2014
There is a second priority that the opposition must address immediately after the first which is the abolition of the executive presidency. The second priority must be the restoring of the supreme court. Many of the current members of the bench who have been appointed by the king need dismissed or kicked out if they refuse to go. The opposition needs to make it clear that the current CJ is illegitimate and immediately restore the real CJ back to power while also replacing some the other more sordid appointments. This country cannot carry on without a complete clean up of the judiciary to begin with.
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Harry Hatton / November 13, 2014
In the president we have an Excellency,in the Parliament we have Honourable men, in the supreme court we have Lordships, in the Bar association we have Sirs ! I prefer to be a simple man taking the bus to work everyday.
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kris / November 13, 2014
Look at the face , that will tell the story , this guy try everything to topple the government , will never succeed , Day Dreamer
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