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.
Eagle Eye / December 14, 2018
This verdict has shown that this country has an unbiased judiciary. Why do we want International Judges?
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JD / December 14, 2018
It says, Mahinda Rajapakse had instructed a Very very very Important person in this process to make the PResident lose. Ranil also knew it and now even the PResident knows it.
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Thanga / December 14, 2018
Is there no physician to treat K.A.Sumanaseekera of his Vellala phobia? He is suffering from Vellala phobia for a considerable period of time. Mercifully he does not suffer from Govigama phobia. Or suffer from Mahanayaka Theros who are Govigamas?
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Buddhist / December 14, 2018
Salute to the Justices for being honest and upholding Democratic rights of the people. I bow my head to you all.
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kolla / December 14, 2018
The world must understand that Ranil made the 19 amendment, 3 years ago, to suit him , a hated politician.
The other fools in the opposition (PA /SLFP) then voted for it because according to Sri lanka’s mad politics Sirisena (from SLFP)who was already president was in a coalition with Ranil and therefore had to support the amendment.
What has happened is that the man who made the rule benefited from it. The judges are puny men who are like line-umpires., cannot consider the big picture.
The country has now tumbled into a most destructive era.
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Asha / December 14, 2018
Dear Honorable Supreme Court Justice Nalin Perera and Judges,
Great decision and great job year 2018. we have hope……..now…. our beautiful Motherland. I greatly appreciate it.
May God Bless all !! always !! Merry Christmas and Happy New Year 2019!!
Many many thanks. billions of thanks .
Sincerely,
Asha.
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raza / December 14, 2018
It is really a Historic decision. Supreme cannot create Laws and only can interpret. We all who followed the 2015 Presidential Election and the Parliamentary procedure on the 19th Amendment know well Why MS was elected why was the 19th Amendment became Law. Opposition Parliamentarians also know well then .
It is the Parliament and the members of the Parliament who have been given due recognition and saved by this judgement. Now some are talking of the Sovereign of the People. If any one wishes to go for referendum it should also include the opinion on Parliamentarians crossing over to other parties after being elected . That is the issue which is destroying the country the culture of crossing over.
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Champa / December 14, 2018
Three Cheers to the Supreme Court again!!!!!
The “unanimous decision” of the Supreme Court is overwhelming. I feel proud of our Judiciary.
Special thanks and gratitude should be extended to The (Right) Honourable Nalin Perera, the new Chief Justice, for saving Sri Lanka from disgrace.
Democracy is crowned and our Supreme Court has brought glory to Sri Lanka.
The silent protest of all law abiding citizens against Presidential tyranny denotes that people are no longer divided when it comes to democracy, rule of law and civility but extend their support unequivocally for maintaining and preserving such values in our society.
With this historic decision, which reminded the President, as the first citizen of the country, of the need to respect the Constitution which is a “prerequisite” of “good-governance”, I think Sri Lanka’s Judiciary has turned over a new leaf.
After witnessing undue pressure of our politicians on the Judiciary and Chief Justices for decades and Judges yielding to political pressure as a part of our culture of law, this decision has amply proved that the independence and impartiality of the Judiciary are largely in the hands of the Chief Justice. When he sets a good example by not bowing down to political influence or various pressure tactics which have become a part of our political climate, the other Judges are compelled to follow him.
Moreover, the short time taken by the 7-Judge-Bench to deliver the decision should also be commended.
Three out of two Arms of our Constitution, one headed by the Speaker and the other headed by the Chief Justice, have demonstrated their unswerving determination to respect democracy and rule of law, by clearly defining limits of political tyranny.
I take this opportunity to remind the President that democracy is a system which ruled by laws, not by individuals.
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Critical Take / December 14, 2018
Please publish this judgement CT. Can you?
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anonymous / December 14, 2018
‘Suwapath Weva !’ ‘Sukee Hothu, Deerga Aayou!’
May you all have the courage and receive blessings of the ‘Triple Gem’ to continue with the efforts of getting the ‘Sorry Lanka’s’ legal system back on track.
‘Chirang Jayathu’
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Plato. / December 14, 2018
I congratulate Snr: Counsel Kanag-Eswaran P.C.and other counsel who appeared for the Petitioners for this great victory in safeguarding DEMOCRACY!
Senator Kanaganayagam Advocate would have been pleased to see his son emerge as a CONSTITUTIONAL LAWYER par excellence! But, I believe he died a few years ago.
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Henry Fernando / December 14, 2018
This is a telling unanimous verdict from the learned judges of our country, more than anything else it is an eye opener to all politicians who are hypocrites of the highest order in our society. It is a victory for the poor and the suffering which I believe is the work of the supreme Legislator, creator of the universe and human being the highest creature. The politician should not take advantage of this verdict of the learned judges to further their political agenda, they have nothing to crow about, it will be in the best interest of our country if they retire from politics, one can count on one’s fingers who the honest members in parliament are today. The present day leaders, ministers and their confidants must vacate lest they will be evicted by the masses at the next Election. President and Prime Minister cannot sleep with the hair and hunt with the hounds anymore. The people know the part played by you in the last three years or so in ‘Yahapalanaya.’ You have played the game skilfully, and you cannot deny your involvement in the corrupt dealings and illegal activities of parliamentarians. Now the people know your gimmickry. In short
you can’t fool all the people all the while. We hope you the politicians have learnt a lesson and the Nation deserves an apology from you, and can you be honest to that extent?. that’s a Billion Dollar question, now that we are used to deal in Billions.
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PARAMESH JOLAD / December 14, 2018
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SATHYATA JAYA / December 15, 2018
I cannot muster sufficient words to commend the JUDICIARY for this land mark judgment which has proved to the world that we have men erudite men at that capable of acting on the merits of matters before them and that we need not import JUDGES . Yes, there was a time when a CORRUPT autocrat was at the controls and that changed in 2015. We do not want him or the dynasty again.
Since the present man lost his way this massive disaster took place and action must be taken to prevent recurrence on a future date if a half baked ambitious man obtains power.
The urgent need is to CREATE STRONG INSTITUTIONS as some of the greens too are not squeaky clean and such types as fellows who did not know who paid for the bed must be kept miles away not be in a future CABINET
Ranil must step down and make way for SAJITH WHO WILL HAVE TO BE MINDFUL AS HIS GREATEST PROMOTER IS A CROOK WELL KNOWN IN THE COUNTRY AND ALL EYES WILL BE ON HIM AND HIS DEALINGS WITH HIM.
I was amused reading a comment from KOLLA a buffoon indeed as he refers to the learned judges AS PUNY MEN. Its not with wasting more time on such types. .I am mindful that we need a new set not from families that live on the country, they should be educated technocrats.
A big thank you to Uvindu for the great job that he is doing.
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Diyanii / December 16, 2018
Honourable esteemed judges of the Supreme Court, the law abiding citizens of our country salute the Bench for preserving the dignity, independence and impartiality of the Supreme Court. We can breathe a sigh of relief now, knowing that this country has an unbiased judiciary
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