In a historic ruling, the seven-member judge bench of the Supreme Court, headed by Chief Justice Nalin Jayalath Perera, unanimously decided that President Maithripala Sirisena’s Gazette to dissolve Parliament is unconstitutional.
The verdict stated the President was not allowed to dissolve Parliament before four and a half years under the provisions of the 19th Amendment to the Constitution.
Chief Justice Nalin Perera also said that if President wants to dissolve Parliament before four and a half years there must be a resolution passed by 2/3 majority in Parliament
Justice Sisira de Abrew presented different reasons for the decision but made the same judgement, making it a unanimous decision.
Although the proceedings were scheduled to begin at 4 PM, the judges took their seats at 4.55 PM to deliver the judgement and delivered the judgement immediately.
“We trust that the President will promptly respect the judgment of the courts. The legislature, judiciary, and the executive are equally important pillars of a democracy and the checks and balances that they provide are crucial to ensuring the sovereignty of its citizens,” UNP Leader Ranil Wickremesinghe said, after the ruling.
Buddhist / December 13, 2018
I notice that the so called Lawyers and senior members of the party who are with the SLPP (SL Ponna Pakshaya) and SLFP are commenting on TNA voting for Ranil. They have truly displayed their ignorance and the established Parliamentary practices. The Constitution reads “…. majority in the Parliament” not “…..majority in the party or a front”. Although TNA is in the opposition, they are in the Parliament and they can vote any way they like. They are Citizens of the Country and represent Citizens. There is nowhere its stated or seen in practice or in the Constitution that the opposition should always vote against all the motions presented by the Govt or any other group which is not in the opposition. Claiming this by the Ponna Pakshaya members show how weak they are in democratic practices and understanding the Constitution. This group also includes the old crock GLP.
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Sapumal / December 13, 2018
This SC ruling is a victory for the people who faught for the Countries Democracy and freedom from evil forces.If Sirisena is still not ready to correct his errors, there is no other option than removing him from his position and hand over his powers to Hon. Speaker without delay.
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Amarasiri / December 14, 2018
Dear Supreme Court,
Thank you
This is a small step for democracy, but great leap for democracy and rule of law Sri Lanka
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AshyD / December 14, 2018
I read Rasika Jayakody’s piece on “Aiyo Sirisena Pushed Up Against the Wall as Ranil Wickremasinghe Wins the Numbers Game” (By the way I added the “Aiyo”- Because that is what is appropriate for the man, after SC ruling).
Rasika finally ends by giving the two choices that Aiyo Sirisena has 1) T appoint RW as PM and work with the UNF for the next one year till a General Election is possible 2) Resign and hand over the Presidency to the Speaker.
Choice 2) would bring back some respect from the 6.2 million who voted for him in 2015. Especially the anti UNP, which PLUS the anti Ranil faction, too. To this would include the JVP votes that he got in 2015, (about 600K), the anti MR (??), anti SLFP (??), and others.
This would depend on whose ticket he would be able to contest the 2020 Presidency. My take on this is that the UNP has rallied all its forces and are on the crest of support wave, which includes many sympathy votes too.
The UNP needs to play it’s cards very close to its chest and ensure that it does not in anyway lose the initiative that it has got at the moment. The UNP has played it’s cards with decency, decorum and in a very gentlemanly (or gentlewomanly) way since Aiyo Sirisena’s midnight tryst with MR on the 28th October.
The UNP has got the BULL BY IT”S HORNS ( The horns I would see as both Aiyo Sirisena & MR) and it needs to have it’s Pound of Flesh. The SC ruling has made this Pound of Flesh more certain, because the General Election cannot be held legally until February 15, 2020.
But the Presidential Elections needs to be held on or before January 8, 2020, hence the UNP has a very good chance of winning both elections if it could united and keep it’s head above the water till then.
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Mallaiyuran / December 13, 2018
TNA might have got the case verdict on its side, but didn’t win the case yet.
TNA has no power to from a government. Given to known that fact, TNA cannot easily return back to North East after blindly supporting a Southern government, either. TNA has only one way to make the case useful for it, that is seeing the Pre Oct 26 Yahapalanaya returning. That is the only way it can make Ranil’s government keep going. But New King may not readily approve his MP’s supporting Ranil. Ranil and Sampanthar have to make many more negotiations with New King to make Ranil’s government viable.
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clean slate / December 13, 2018
I would advise Aappa Sira to look into the possibilities of getting down some foreign judges to reverse this verdict. 7 out of 7 against him. Shame. Ado Aappaya. Ado halapaya. Ado pissa. Go home before the 7 of them declare you to be a mad man. You would serve the nation better as a scarecrow in the paddy fields of Polonnaruwa, that is, if the scarecrows already there accept you as being worthy to be one among them.
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Sandy / December 13, 2018
Thank you honourable
judges.
Blessings on you and your families.
‘ A good name is is to be
Chosen rather than
Great riches..’. (Proverbs).
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HYDER Iqbal / December 14, 2018
Great,long live Justce.
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Buddhist / December 13, 2018
Since the Supreme Court has decided that the President has acted “Unconstitutionally”, its time as a respectable person he should resign from his position as the President. Will he at least have this much of civility? Over to you Mr. President!
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Chitra / December 13, 2018
The Supreme Court as spoken unanimously. Are Sillysena and MahaRaja going to act deaf and act dumb? Stop putting this country through chaos and instability you clowns. FOLLOW LAWS AND THE CONSTITUTION. YOU ARE NOT ABOVE IT.
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Native Vedda / December 14, 2018
Chitra
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“Are Sillysena and MahaRaja going to act deaf and act dumb?”
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Not really.
Dr Mahinda knows for certain the voters are mostly stupid, deaf, and dumb.
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Dr Dolittle / December 14, 2018
Native Vedda,
“Dr Mahinda knows for certain the voters are mostly stupid, deaf, and dumb.”
Supreme Court has delivered a victory but the victory may be very temporary because all kinds of elections are due. Most voters understand only the price of basic food and are unable to care about the bigger picture. Circus and bread are enough to convince the majority.
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Native Vedda / December 14, 2018
Dr Dolittle Knows Little
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“Most voters understand only the price of basic food and are unable to care about the bigger picture. Circus and bread are enough to convince the majority.”
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Earlier I wrote “Dr Mahinda knows for certain the voters are mostly stupid, deaf, and dumb.”
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Dr Dolittle / December 14, 2018
Native Vedda,
“Earlier I wrote “Dr Mahinda knows for certain the voters are mostly stupid, deaf, and dumb.”
Earlier I even quoted your wise original words.
I do not like bread. Circus is enough.
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R. Varathan / December 14, 2018
Mark my words. Sri Lanka has reached the cross roads after seven + turbulent weeks. The Sirisena-Rajapakse mafia will not give in. They are hitching for a street fight. Washed out Sirisena’s political future is behind him. Mahinda is in his seventies and in suspect health. He does not have the patience to fight legally.
All the other rogues in the front line behind Sirisena and Mahinda face serious fraud Cases going into several millions each. Politics is their only profession and their means of daily comfortable living. They will not give in. They will discover one reason or the other to delay and stay. Ranil cannot match the Rajapakses in dirty tricks.
When Sirisena threatened he will “set the country on fire” what he meant was he will ensure a deadly country-wide communal pogrom against the Tamils – a vulnerable prejudice most Sinhalese are subject to. They have already set in motion the first part of the deadly drama falsely claiming a Ranil-Sampanthan secret agreement. Bogus signatures of both is widely circulated. This is standard fare of the Sinhala extreme and quickly captures the imagination of the ill-informed Sinhala masses.
What is now needed is to light the flame. Count on our SB heroes to do the needful. They have much experience from their successful experiments in 1958, 1977 and 1983. The single difference is now there are over 300,000 activist young Buddhist monks to take to the streets.
R. Varathan
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Uthungan / December 15, 2018
R.Varathan
Please don’t take Sillysena’s silly words and get alarmed about setting fire to to the country seriously.
He is not a wise Hanuman.
He is only a simple deranged human simian.
Remember the SC judges who gave the unbiased verdict are all Sinhalese. Don’t generalise.
There wouldn’t be a CT if not for one of them for the likes of you to come out with a putrid comment as you had.
Remember that.
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R Fernando / December 13, 2018
I predicted this verdict & that it would be unanimous.
The chief architects & advisors of this plot namely SB, DJ, GLP, SARATH N SILVA etc should be locked up for the great harm done to the country during the past 48 days. DJ advised MS to keep up the momentum & he did. See where it has landed the President, akin to an insane man who committed one wrong after another & now he has ended up humiliated as no other President has ever been.
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Real Revolutionist / December 13, 2018
Well; the people of the People’s Socialist Republic of Sri Lanka accept SC decision as it’s the responsibility of the court to see whether the said action was according to the constitution or not.
It worth re-examining what would have been the reason for the president to dissolve the house even though it had not been easy to guess whether it could be done according to the constitution or not?
The UNP logic is that even if the relationship between the president & the PM is unfriendly due to their attitudinal differences the president should tolerate them.
Isn’t that relevant to the PM & his party as well to share & bear & tolerance must be expected from them as well?
President is the head of the cabinet & thus head of the government too though he’s from different party.
Both the president & the PM had been dependents of each other to become the president & the PM respectively.
Without UNP contribution MS would not have become the president & RW would not have become the PM & UNP would have been in the house with well below 105 seats.
So it’s a grave failure for democracy, president is unreal & the parliamentary content is unreal.
So for the sake of democracy shall we take the country for fresh presidential & parliamentary elections
The most important thing, shall we undo the 19th amendment to the constitution & be unanimous to dissolve the house, as such major amendments should have been done through a referendum.
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ramona therese fernando / December 14, 2018
Verdict as expected – SC judges (as well as parliament) having been specially chosen by executive PM Ranil. Struggling masses are crushed yet again. Behold the continuation of the era of dictatorial oligarchy.
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k.kulesh / December 13, 2018
Gammanpila comes before the media and tells the UNP has gone to the SC against the dissolution of the parliament. It was not only UNP, but others including TNA, JVP and even one of the members of the election commission also went to the SC. Its like telling ‘even after falling down, his mustache has been saved from being touched the soil.’ what a pity? U’G, GL, SB and Dialn Perera have to be completely swept out from the political scene.
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Native Vedda / December 13, 2018
Sunil
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“Where is Gomin Dayasiri Aiya ? “
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Stormin Gomin is too busy looking for anyone who “wished to take State Minister Vijayakala Maheswaran to court over her recent comments with regard to the LTTE.”
He promised to provide free legal services to them.
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Christopher Seneviratne / December 13, 2018
God bless you Judges. You have the correct decision against our insane President.
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thondamany / December 13, 2018
Whats all these hassle? Its all to do with Ranil with all his experience failed time and time again.
Ranil thinks democracy is all about being surrounded by his Royal circle Colombo.
There is a vast gap between the Colombo and Royal upper crust and the rest of the country. Ranil has no idea and do not want to or bother to know how wide this gap is and how to narrow it either.
No surviving wounded who survive will idle. Coming days are going to be hectic with the economy in the doldrums.
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Native Vedda / December 14, 2018
thondamany
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“Ranil thinks democracy is all about being surrounded by his Royal circle Colombo.”
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On the other hand Dr Mahinda thinks democracy is about a permanent dynasty ruling the country forever.
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whywhy / December 13, 2018
According to some reports Sirisena still says that ” I respect the ruling but will not
make Ranil the P M .”
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Rajagiriye Samantha / December 13, 2018
Sirs and Madams of Colombo Telegraph. First I salute CT and sirs madams writing comment in CT. Salute because you help solution our country. If not CT a simple no education man like Rajagiriye Samantha not write like this. May be write Sinhala but not poor English. Sirs and Madams you give me chance for write. People in my Bajar think me very education man. I not try change that. Respect good to control people. No respect no good control. Can control by gun and knife. But Samantha never use that. Me like control from brain. My English help respect.
People here in Rajagiriya happy Sir. They not understand too much politics. But they think problem finish. Me sorry for Sirisena Mahattaya. Him feel like me I think. Me not good English speak man Sir. Me not shy on that. Sirisena Mahattaya and me same-same. Please not wrong understand Sir. Me not talk about money, thanathura. Me speak about English speak. Him go to outside country and speak Sinhala. Very good sir. I like that.
He say why he not like Ranil Mahattaya because he speak English water like. Me sorry for him because me know his problem. Sirs and Madam let Sirisena Mahattaya open big wevas and spend life happy/ Him good man.
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Niran W / December 13, 2018
Sri Lanka’s Supreme Court stands tall today and continues to regain the prestige it lost during the reign of the former CJ, SNdeS who conducted himself more like a Czar of the court . The democratic process has been strengthened, the people empowered, and the value of the 1th amendment amply proven. We the people who came out of our slumber to protect the values of democracy, uphold due pricess, the supremacy of the law and common decency owe ourself a big Thsnk You as well. So does the strong and principled stand taken by the JVP in particular and also the normally fickle Muslim parties.
In the last shambolic month and half, the utterly despicable behaviour of many politicians including some senile power crazy have beens and the absolutely shameful and servile behaviour of much of the private media, have sickened us..
This is not by any means a vote of confidence in Ranil or his RC clique who once again has made a Right Royal mess of it over the past three years. To them we say using the words popularised some time back by another politician. = ” Discs Aut Discede” – or even more emphatically, ” in the name of God , leave now”.
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Saman Patabareiya / December 14, 2018
The Supreme Court judgment was declared by Hon. Ranjan Ramanayake of MP of UNP sitting members of Parliament which reveled judgment long before that Verdicts declared on 14 of December 2018 . There is no doubt that leads to foul play of Justice by Judges of SC in Sri lanka?
The verdict was correct says that “dissolution of Parlinemnt by President” against by SC , but number of Judgment of Judges was wrong said by RR of MP ! $$$$, @@@@.
Therefore question of Impartiality and independent having suspicion is there; what a role of SC was a play fair for the justice> The role of justice is that is NOT the vital interest of People of Lanka?
This is a verdicts nothing to surprise of 7 Judges of SC are unanimous . All in all an opposed right to give vote for the that politically -economically that nation in bankruptcy since 2015 January 8th.
Our democracy has been cornered by for pathetic suiatition has been arise after the result of SC judgment that we lost credibility of an Island Democracy ?
In the terms all Judges verdicts in few minutes that shows to the public and that all right think citizens of Island are disaapoimant of Judgment .That is not surprised by majority People by the decision of Judges.!
The real meaning of SC Judgment says that People Right to Vote has been taken over by Judges.
Meanwhile the historical turning -point of history that first time an Island democracy, since we won Universal Franchised since 1931, we lost Right to Vote> While SC has been uproot right to vote by Court of Justice .That is unfair of for the People.
We as nation want review or correct by future system legal order to be corrected it for New Democracy will come into being.
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maalumiris / December 14, 2018
“The real meaning of SC Judgment says that People Right to Vote has been taken over by Judges”
No. The Peoples Vote was f…ed over by the President. THAT is the meaning and THAT is why Sri Lanka is in this situation today
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raza / December 14, 2018
Well said , and further some MP.s elected by the People have sold themselves for Money. So they have betrayed the people who have elected them.
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Dual Citzen / December 14, 2018
Hello Saman
Suggest that you watch your tongue a bit. You seem to be dwelling on the fringe and may end with charges for contempt of the Supreme Court
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K A Sumanasekera / December 14, 2018
Will the Deputy Leader of the UNP from Keselwatta and the current MP from Mrdumulana Suburb now bring the Motion to pass Dr Ranil’s New Constitution?.
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Because the Vellala Political Party TNA brought this unanimous HC decision on their own by petitioning the Courts.and arguing the case …
And even made Dr Ranil the supreme Leader of Kotte the day before.
On the condition that Dr Ranil the PM grants them all what is in the new UNP TNA agreement which Mr Sidarthan Dharmalingam spelled out to Daily Mirror yesterday.. .
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Will the Hon Speaker now rings the Bell for Keselwatta Kid to bring the Motion as the first Agenda of the restored UNP Government?..
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Native Vedda / December 14, 2018
KASmaalam K A Sumanasekera
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“On the condition that Dr Ranil the PM grants them all what is in the new UNP TNA agreement.”
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“Repeat a lie often enough and it becomes the truth” – Joseph Goebbels
You know Liars create the illusion of truth. In your case you too are confused in the process of creating the illusion, you too have fallen victim to your own lies.
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upul / December 14, 2018
Await the next mistake of Ranil Wickremesinghe!
Anyone noticed….”I can’t remember”..Ravi Karunanayake hovering behind Ranil Wickremesinghe?
He is looking to his political reincarnation. That will be the final nail in the UNP coffin.
The people who rallied against the stupidity of Sirisena and the greed of Rajapakse were not for Ranil or the UNP. They were supporters of the truth.
If the suckers in the UNP think this is vindication of their policies, they will have a shock and surprise at the next elections, once again!
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Uthungan / December 14, 2018
”If the suckers in the UNP this is a vindication of their policies,they will have a shock and surprise at the next elections,once again”.
Yes.
That historic unanimous decision by seven SC judges is about the illegality of President’s action in violation of the constitution.
The UNP’Ranil W can temporarily bask under that sunshine decision.
That why AKD of the JVP has correctly observed that it was Ranil W who ultimately is responsible for bringing all this chaos in this country.
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Uthungan / December 15, 2018
Corrected
UNP thinks
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Mallaiyuran / December 14, 2018
Here is case of “Kadavul Varam Kuduththaalum Iyar Varam Koddar” (Even if the God wants to give, priest would not approve it.) Old King is not listing to New King to give the PM post to Ranil.
They (New King’s party) are encountering a different problem. So they would wait for the next case to fire Old King from his self-proclaimed PM position he is continuing. New King can appoint PM, but cannot fire. Ranil willing gave up in Oct 26th, because he sees many potholes in the path. He doesn’t like to fall in them. But that is not the case with Old King. If New King fires him, Old King will right away drag him to court and force him to end up in prison, under 19A. So, if court fires Old King tomorrow then things will go easier to New King. Otherwise he would be hanging on ” No PM post to Ranil.” At this time it is only an excuse to distract from the problem he is facing with Old King. Old Royals rowdy family is out control for New King. This is not something an idiot getting to night club and beat clients. This is a organized military backing operation. New King can do nothing to stop them. Old Royals shot two policemen in East to manufacture LTTE. They beat up MPs and broke properties in parliament. They were showing their rowdiness inside the court, entering as uninvited guests there. AG didn’t ask their intervening support. At least to save the back of New King, tomorrow the case verdict has to be in favor of Ranil.
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JD / December 14, 2018
amazingly enough, the same thing was happening the same way in Nicaragua. Venuela also had the similar situation. they tried to respond and the things got worse. Brazilian govt recenlt had an elelction and a bolzanaro, another Raniil and one who di dnot have any dishanathiys was elelcted. The recent elelction for them is a 2015 arab spring in Sru lnaka. I heard TNW is upset whether there will be another Sinhala uprising and the Peace keeping forces will arive.
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Daya / December 14, 2018
Prez decisions a time and money wasting for everyone, put it out for democratic vote, and then ignore the vote and do as he please (like a good democratic country). Electronic Voting results will be published, and people and the MPs might be shamed who do not vote as per Prez wish. His wish is written on his not sure got one to written anywhere.
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JD / December 14, 2018
Defininitly, I can understand thaT Eventhough Mahinda Rajapakse was very poor in propaganda all throughout, Removing the Female Supreme court Judge was fair. This time also something was very wrong. The same thing happenened in Nicaragua.
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Thanga / December 14, 2018
It is a splendid victory for democracy and rule of law. The credit should go to the 7 judges for giving a unanimous decision. The real victory is for the drafters of 19A. Many argued that 19A is full of holes, that it was badly worded and so on. It was not 19A that is stupid. It was President Sirisena and his legal advisors who are stupid, not the 19A. The SC judgment says it all.
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Chauvinist / December 14, 2018
I was religiously following Colombo Telegraph since October 26th.There were only three writers who agreed with president Sirisena’s actions. First Dayan Jayathilake who praised president for his “gallant actions.” second writer was Sarath N de Silva who stated that president’s actions were legal and constitutional. This is the former head of Judiciary who admitted openly and publicly some of his judgements were wrong particularly the case in connection with tsunami funds. Third was Laksiri Fernando who conferred doctorates to politicians, which I learned from other commentators.
After bench of seven judges having been deliberating since submissions closed 7pm last Friday, delivered a unanimous verdict, I wonder what those writers thinking are!
I suppose in a democracy, it is proved today Sri Lanka still is, anybody can write anything but it is up to the readers.
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JD / December 14, 2018
The last supreme court judge was accused of accepting money for an apartment via the relatives living overseas. . This time, I heard children are learning overseas In Nicaragua. finally, Ortega allowed Protestors to go haywire ane did not allow Army or Riot Police to intervene. So, Sri lznkza has some overhauMaithripala sirisena and Mahinda Rajapakse should gang up and should VERY PATIENLY SOLVE this problem.
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shankar / December 14, 2018
can someone now tell me whether sirisena can now go for a referendum.He is a stubborn mule.
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PARAMANATHAN K / December 14, 2018
Politicians in Sri Lanka are a different lot. County’s interest is not the priority for them but rather personal glorification and to swindle public resources. Maithiripala Sirisena and Mahinda Rajapakse are no exemption in carrying out all wrong doings in the book. They both together plotted the coup to dismiss the prime minister and his cabinet unlawfully to disrupt the ongoing XMAS season and tourism business. Who is going to pay for all the damage caused by all this blunders? Both of them should be tried and penalized in a court of law for disgracing country’s constitution in a manner that brought disaster and discredit to the country.
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Thanga / December 14, 2018
Law is like a dark room. Lawyers arguments are the light of a lamp. The historical judgement proved that law is not an ass, though GL Peiris, Manohara de Silva, Gamanpillay (pillai), Neville Ladduwahetty (chetty), Attorney-General and others made an ass of themselves. Lawyers who argued in favour of dissolution did so according to their political leanings. This is definitely the case with Attorney-General who was tasked with a job of defending the indefensible! Even to those who are not well versed with the law, but with the help of good knowledge of English would have found that Article 70.1 was an exception to the power of the President to dissolve parliament. Yes, the President has the power of dissolution but there is a limitation. And that limitation is found in Article 70.1.
This article overrides any other Article covering dissolution by President.
The President boasts that he obtained the best advice from his lawyers before dissolution turned out to be bogus. The lawyers probably gave the advice that Sirisena likes or wants to hear.
But Bandula Gunawardena claimed that parliament was dissolved to prevent the constitutional bill which promotes federalism and amalgamation of North/East and division of the country.
Sirisena/Rajapaksa is now like wounded lions. They will not hesitate to set Sri Lanka engulfed in communal flames to quench their thirst for revenge. Kanaga Ishwaran, Sumanthiran and R.Sampanthan have become mortal enemies in the eyes of Sirisena/Rajapaksa duo.
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Dan Bastian / December 14, 2018
The President went before the SL people and as well as to the world and said that he has acted in accordance with the constitution and now only to have been proven otherwise. The trail of destruction he has caused economically, socially and to the reputation of the republic as an independent sovereign nation is immeasurable. If he is a man of honour who loves his country he must do the decent thing and resign. You were not elected to cause this disruption.
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