20 August, 2017

Speaker Chamal Rajapaksa’s Ruling; Legislature Will Not Bow To The Dictates Of External Bodies

By Dharisha Bastians –

Parliament Speaker Chamal Rajapaksa in a special address to parliament on Thursday evening (29) ruled that the Legislature will not bow to the dictates of external bodies and asserted that Members of the House were not bound by court orders.  

Speaker Chamal Rajapaksa

He said that no outsiders had the authority to direct parliament or question committees set up by him.

The Speaker’s ruling triggers a major showdown between Sri Lanka’s legislature and the judiciary, as the House readies to probe charges of misconduct by the country’s top judge and rule on whether she should be removed.

Members of Parliament were summoned to the chamber at 6:30 p.m. to hear the Speaker provide his determination on a matter of special privilege raised by House Leader Nimal Siripala de Silva who asked for the Speaker’s verdict on whether notice issued by the courts on members of the Parliamentary Select Committee set up to probe the impeachment motion against Chief Justice Shirani Bandaranayake was a breach of parliamentary privilege.

The Speaker of Parliament and the 11 member legislative committee probing the impeachment of the Chief Justice have been cited as respondents in litigation filed before the Court of Appeal and referred to the Supreme Court and all concerned legislators have been issued notice by the courts.

Vasudeva Nanayakkara MP also charged during submissions on the privilege issue that the legislature was supreme. “The Courts are set up through legislative acts. Hypothetically if the constitution is for some reason destroyed, who comes together to make another? The Parliament. Then who sets up the Supreme Court? Parliament,” Nanayakkara charged.

In support of De Silva’s privilege question, UNP Leader Ranil Wickremesinghe charged that in probing the impeachment, the legislature had to abide by the 1978 constitution and the Standing Orders of Parliament. Wickremesinghe poo-poohed legal interpretations that the Sri Lankan constitution was framed on Montesque’s separation of powers doctrine and said it had been framed according to a political doctrine espoused by late President J.R. Jayewardene. “He must have had his reasons for framing it this way,” he said, while urging Speaker Chamal to follow in the footsteps of former Speaker Anura Bandaranayake who ruled during an impeachment motion in 2001 that Parliament was not bound to abide by the orders of the courts. At the time, the opposition was bringing the motion of impeachment against then CJ Sarath N. Silva. President Chandrika Kumaratunga left with no option due to the constitutional deadlock between the courts and parliament, prorogued the House allowing the motion of impeachment to lapse.

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    I have patiently observed this whole Impeachment issue without comment as I did not want to rush in where Angels fear to tread. Some obviously misunderstanding Gamini for myself has thought that I have had to eat my hat. Sorry folks you are wrong. I believe we already have experience where some believed that SF was most suitable to oust MR and today his own closest like Tiran and Arjuna have abandoned him. Similarly the present CJ is no Angel and any attempt to short circuit Justice would backfire. Let procedure not be violated merely because Uneducated and Corrupt are sitting in Judgement because they sit as MPs. If procedure is violated there will be a state of Anarchy and what happens afterwards no one can assure or have control. It is true that we have an issue in hand and a collective public decision is urgently required in accordance with the Constitution and we should not allow our personal feelings to overcome sanity. The means should justify the end. I am sorry for those who try to misinterpret matters for quick fixers, because MR is enemy number one of all of us. He should be packed off for good, where the responsibility is not of RW alone but us collectively.

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      Gamini someone is trying to usurp you r nom de guerre! I suggest that CT add a “-2” to the second Gamini. Short sighted people like Leela, Silva and srilal have missed the iconic difference,

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        Jamal, I have posted comments on this issue of Impeachment under Elmore’s and Kamal Nissanka’s. I am sure many believed that RW will take the cue from these Pundits and rush in to save the day for them and in the process RW would have lost out. Now the Public can understand who this RW really is. A man with Far Vission and not someone who resort to quick fixers or monkey business.

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        Hay Jamal [Edited out], what the fucking “short sight” you saw in mine?

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          indignor quandoque bonus dormitat Homerus, Homer sometimes nods. Sorry Silva I too cannot understand how I included your name in the comment. While I can understand your disappointment at my mistake I cannot fathom why you descended so low in your reproach? Probably you may have descended lower if not for the grace of CT. While people may have differing opinions I suggest we lift ourselves above the gutter ( or Mervin if you prefer ) level.

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          Hang on Silva! I just figured out why. You wrote I quote “You stupid person must now be very happy that you have nailed both Gamini and Ranil by your stupid dribble! ” in response to the bigoted Leela’s comment. But Leela mistook the other Gamini’s comment and responded. Even you now admit that you mistook the wrong Gamini. So I limited your short sighted ness only for not recognizing that our Gamini could not have authored what the other Gamini wrote!!

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      Gamini, I am sorry! Thanks God! Now more like the one we used to read! Noted the iconic difference too!

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        Silva no sweat! Now that RW has defied all those critics with a support base of over 92% and has clearly said that he will not rest till he oust MR by 2014, Let us all leave aside petty differences and work together to that end. Good Luck to all!

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    I don’t know why, but when I see the whole paliament the speaker, ministers, MP’s and the opposition….they all behave like funny, blank with no aim, just talking some bulshit and getting PIN PADI at the end of the month. One thing I want to clarify what Tiran Alles said that the opposition leader is paid 86 million rupees per year. If so that should be the biggest payroll with no apparent productive work.
    Yes with a guaranteed payroll of 86 million P.Yr….he could stay as the opposition leader for ever.

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      Jayantha, is this the Opposition Leader’s remuneration or a vote for the Opposition Leader’s Office? If it is the latter then it could also cover the salaries of all the auxiliary staff, transport etc etc.

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      Jayantha, what RW gets as the Leader of Opposition is official. If as Tiran suggested that 86 million is provided, I wish he states how much officially and how much unofficially and also substantiate. If Tiran does that it would expose RW, that he is also a Dishonest Man like the rest. Is this not a golden Opportunity to rid RW rather than resort to various methods otherwise and catch them not doing so if they have such evidence? On the contrary when Tiran was being persecuted by MR burning his house looking for the DVD containing evidence of Basil paying money to the LTTE, Tiran and his father RI went to RW and confided all the underhand work they did and sought pardon. RW to date has not uttered one word to his advantage of what Tiran confided in him, other than the complement he paid to Tiran, for not uttering a word, that is ambiguous.

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        Jamal, Gamini and Silva.

        Thank you all for your comments. The way Tiran told this in the parliament, it looks like this is what RW gets. I really don’t know. If there is some parliament year end payroll disbursement report, I could clarify this. Also other than this I was told that all the MP’s and Ministers are paid a Batta for each sitting….don’t know any travel/ medical/house allowance/electricity/water/telephone etc..etc..paid seperate….I don’t know.
        Anyway I know to run a polotical party is not easy (meaning the cost wise) and the few UNP funders also were curbed by MR by acquiring their businesses….Daya Gamage/ Lalith Kothalawela/ Harry Jayawardena etc…etc…
        This is how MR curbing all avenues of the opposition to rise up.
        RW will have a tough time ahead to battle the monster and I think he need extra extra help….both from public and from corporates.

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      Jayantha, what to do? This is a democratic country and fools like you and Panchauda have a right to live and no one is going to hang you for inborn stupidity! I think you have found out the right guy to obtain advices and opinions, Tiran Hullus!!!!

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