21 September, 2020

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Supreme Court Judgement On Dissolution Of Parliament – Full Text

The full text of the on the dissolution of Parliament – Click here to read

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  • 11
    1

    Thank you CT
    We will now be able to read and try to understand the legal aspects of the interpretation and its application to the constitution.

    • 5
      1

      Dual Citizen

      “We will now be able to read and try to understand the legal aspects of the interpretation and its application to the constitution.”

      Please don’t waste your time for there will be numerous academics, analysts, various factions of political b***s carriers, cronies, politicians, GL P, HLD M, Dr Mahinda Wimal windbag Weerawansa, Mahanayake ………………. will do it for you. Why waste time?

  • 3
    0

    Thank you CT for this full text.you made this publicity…
    It is good that Sri Lankans know this fully ..

  • 8
    0

    Dear Esteemed Supreme Court Justices,

    Thank you for the well-considered and detailed historical judgement on the First Unconstitutional Coup by Sirisena, Mahinda and Cronies. This further establishes The supremacy of the parliament is lectern by 100 percent of the people and the watchdog status of the Supreme Court.

    CT, thank you for proving the full text of the well-considers judgement. We all know why it took so long, for the full and judgement to be delivered.

  • 7
    0

    MAGNIFICENT SEVEN OF SRILANKAN LAW!!
    We the Law abiding citizens Salute you all.
    Atlast a small bit of confidence in the Srilankan judiciary.
    Thank god we have the 7 wise men/women in cloaks to trust a little.
    We just do not know whether there had been any external pressure inflicted on the 7 or not, but we’re happy Sirs for your honourableness.
    Please get rid of the Bad Apples in the Law makers pretending to be Law makers but just being greedy for money and desiring the Justice System of SL.
    It gives a bad name for your Profession Sirs.
    We became to believe the whole Law Professionals are PROSTITUTES, Similar to the oldest profession in the world .
    Please keep it clean so that we can Respect The Profession.
    When there’s a Lawless Country, The citizens and the whole country becomes Pariahs of the World.
    CT Thanks for the English Script of the Final Verdict.

  • 2
    10

    The relevant Judgment has not that consider most paramount issue are Sovereignty of the People has been denied by Supreme Court .
    Where is that SC has lost of vigilance of People’s Rights to voting and Right to elected of fresh of represtattives has been suppressed by Supreme Court ? The Court of Law and Judgment of case of dissolution has ignored right to excise of Universal Franchised by the people and for the people.
    The history will reveled in future how is that Constitutional clauses become are above The Right to Vote .
    This is a historical error definitely needed to be redress by future legal system > Job of Judges are only confined that professional carriers .

    By given that Verdicts of SC are unprecedentedly of complexes ones it has lost voice of People’s Power. BY so -called upheld that Republic Constitution clause are above Rights of the VOTEs.
    Indeed that long-term prespacatves of rights people become voiceless.

    • 6
      0

      Ranjith Gunawaradana aka Gunawardana?
      What nonsense, when the voting publics rights has been violated by the super Mad men and women of the Polititicians call themselves ” Peoples Politicians ” Are they crying for the people , dying for the people?? , are you from the cuckoo land of these SELF SERVING POLITICIANS??
      We the people are crying for our country ! The state of our country ! No Politicians seems to be interested in people. That’s where the Honorable Law system we go to!! Ok!! Understood now??
      We were given no chance by the so called Polititions to negotiate or communicate. There’s NO DEMOCRACY , in the country.
      We are Helpless Ranjith G!!
      That’s where the Law is in Place, I mean the justice system , The TRI FORCES ARE A JOKE OF THIS BROKEN COUNTRY , THEY ARE A CONNIVING , LAWLESS COMMUNITY.
      I MEAN THE ARMY , NAVY AND THE AIRFORCE , THEY HAVE THEIR OWN AGENDA ,KILL ,KILL, MONEY , MONEY, LANDS AND MANSIONS PROVIDED BY THESE POLITICIANS WHOM WE ELECTED THEM DEMOCRATICALLY FOR A PROSPEROUS FUTURE FOR US AND THE FUTURE GENERATIONS.
      THEY HAVE SOLD OUR STATE ASSETS FOR THE LAST 70 YEARS AND SQUANDERED AMONG THE FAMILY AND THEIR CROOK FRIENDS. THE TRI FORCES TOO HAVE BEEN BRIBED WITH OUR STATE ASSETS.
      NOW THEY ACCUSE EACH OTHER FOR SELLING OUR STATE WEALTH , OUR CHILDREN AND GRANDCHILDRENS ASSETS.
      ARE YOU ON THE SIDE OF CROOKS OR ON THE SIDE OF THE LAW MAKERS WHO CAN SPEAK FOR US THE PEOPLE.

      WE HAVE NO PEOPLES VOICE ?? We have only the MADMEN AND WOMEN SHOUTING US DOWN , THERES NO GOVERNMENT RANJITH !!
      SO! so ! Who Rules us now ?? your Mad Appachiis??
      Go and fly kite man in Galleface instead of eating PUNNAKK!!!

    • 1
      0

      No one was keen on having a general election. It was not in anybody”s mind except in the mind of the devil Sillysena on the run wanted to create havoc to obstruct those pursuing him. He is like the cat which defecated on a hard surface.

  • 2
    14

    The court of SC has lost the confidence and credibility of Judges once and for all by majority people of Sri Lankan.

    • 4
      0

      Sadu Banda
      Go and worship your Unlawful , Dishonourable Sadus of Srilanka in yellow robes who are suppose to instill the virtues of life to all citizens from child hood to death instead of “Brain Washing ” the nation with their narrow minded so called Belief !
      Buddhism is a Religion or Philosophy founded , followed , as the preachings of Lord Buddha..
      Lord Buddha never said to Hate fellow human beings because they are not the followers of Lord Buddha or else Annihilate the Minorities who believes in different Religions.
      That is a total Disrespect of Lord Buddhas Preachings and Philosophy.
      The Srilankan Yellow a Robed Ayatollas Philosophy seem to be Kill and Annihilate in the name of Buddhism , which includes Greed for money and lands from the dirty crooked people.
      Accepting these wealth by these yellow robed people are against the Religion/ Philosophy.
      The crooked thieves are off loading their sins to these yellow robed, Is that right??

      ” LIVE AND LET LIVE “THAT’ S THE LORD BUDDHAS PHILOSOPHY.!!
      LYING , STEALING , SLANDERING , DISRESPECTING , KILLING N, INTOXICATING ,
      EATING LIVING CREATURES ( ( Be Vegetarian) ARE NOT LORD BUDDHAS PHILOSOPHY.
      Absolutely not

  • 2
    0

    CT: Thank you for showing “MEDIA RESPONSIBILITY” and it’s “DUTY” by the people for the people in publishing the full text of the Judgement. Please keep this in public for a while, till the “Young & Upcoming” voting population of the country read and assimilate the reasoning of both the parties to this land mark judgement . They need to be given that “Freedom” to make their decisions.

  • 5
    0

    In any country with even a half decent democracy (e.g. India), the head of the State, if found by the Courts to have violated the Constitution so blatantly, would have apologised to the nation and resigned immediately, but not in our beloved Sri Lanka. Funnily enough, nobody seems to bother to demand his resignation. He should reinstate the legitimate government, apologise to the nation and, for Heavens sake, RESIGN.

    • 3
      0

      Kamal

      “if found by the Courts to have violated the Constitution so blatantly, would have apologised to the nation and resigned immediately, but not in our beloved Sri Lanka. “

      Why hasn’t he resigned or apologised?
      Is he the only one who refuses/refused to resign say since 1948 for errors, mistakes, crimes, …. committed by them?

      • 0
        0

        K.
        Spot on.
        Nobody resigns in good old S L.
        The “people” are resigned to the fact that the majority of the political class are crooks and there is no alternative; learn to live with this resignation.

  • 2
    0

    PART ONE
    .
    Dear Douglas,
    .
    Yes, as you say it is good that this judgement, signed by six of the seven judges, is quite clear even to a guy like me who understands little of the Law. So, I “went through” it all. And I have saved it on my Hard Drive. The President is not a Monarch who can do as he pleases. Once elected a Parliament must run for five years unless otherwise dissolved. It looks as though the President may “autocratically” dissolve but only after four and a half years. Before that only on a request of Parliament, by two thirds majority.
    .
    Intention pretty common sense. Just because one side feels it is a nice time to garner a large majority, you can’t call for parliamentary elections. In fact it is specifically stated that, although unlikely, unless these restrictions are placed, a President can prevent his impeachment by dissolving parliament.
    .
    Where is the order signed by Justice Sisira de Abrew? A guy has told me that he is a stricter judge than any of the others, and also that he is the most senior judge on the Supreme Court, but that neither Ranil nor Sirisena (nor MaRa) wanted him as CJ. He too has held that My3 has violated the Constitution.
    .
    Good. But then, somebody else told me that Sisira and Sarath de Abrew are brothers – with general agreement that the latter (who’d have been just over 65 by now, had he not fallen off a roof) was a rather unsavoury character. Almost definitely wrong. Wikipedia for both. The former schooled at Dharmashoka, Ambalangoda (says specifically from a Buddhist family, but age not given), the latter at S. Thomas’ Mt Lavinia. Religion not indicated.

    • 2
      0

      PART TWO
      .
      Native Veddah’s advice to “Dual Citizen” had not appeared when I posted PART ONE. Sound and realistic advice.
      .
      But let us take the wind out of the sails of the likes of Ranjith Gunawaradana and Sadu Banda by anticipating their complaints. My cursory reading has helped, and that the full verdict has been published is good. So unlike all the Commissions that went in to cases of corruption. It’ll be good if Sisira de Abrew’s somewhat different judgement is also published.
      .
      The Judgement has been written out in English, but as Champa has observed below, the Sinhala wording has also been inserted in places where it mattered. Why be hypocritical about the fact that we have once more begun to use too much English in this country.
      .
      Too much in this sense: a fairly decent man like My3 has probably been driven off his rocker by guys wielding the “Kaduwa”. Now let us hope that we can persuade the lunatic to resign before he decides to commit suicide. Yes, I think that our condemnation of Sirisena must be tempered by a degree of compassion for a man who has good VALUES, but has forgotten PRINCIPLES owing to frustration when dealing with déracinés, Language is merely a way in which we communicate. We arbitrarily attach so much prestige to this foreign language that there is a reaction against those who use it.
      .
      So, one of the next complaints here (and I’m sure already raised in the Swabasha media) is bound to be that the judgement has been thought out in English.

  • 2
    0

    Thank you CT for the access to full text.
    I noticed following salient points at a glance;
    .
    “Page-87”: Rule of Law dictates that every act that is not sanctioned by the law and every act that violates the law be struck down as illegal. It does not require positive discrimination or unequal treatment. An act that is prohibited by the law receives no legitimacy merely because it does not discriminate between people.
    .
    “Page-85”: The Constitution governs the nation. Disregarding the Constitution will cast our country into great peril and mortal danger. The Court has a duty to uphold and enforce the Constitution.
    .
    “Page-75”: Such a development will be inimical to the principle enunciated by this Court that all three organs of Government have an equal status and must be able to continue to be able to maintain effective checks and balance on each other.
    .
    “Pages 75-80” clearly demonstrates SC’s noble efforts to explain the issue about wordings in Sinhala/English versions leaving no room for doubt.
    .
    “Page-64”: However, when interpreting provisions in a Constitution, a Court must approach its‘ task keeping in mind that the document before the Court is the foundation, charter of governance and guiding light of the nation. The Court is duty bound to carry out that task in a manner which correctly understands and interprets the provisions of the Constitution so as to uphold the Rule of Law and constitutional certainty. The Court must remain alive to the need to understand and apply the Constitution in accordance with the intention of its makers and also take into account social, economic and cultural developments which have taken place since the framing of the Constitution.
    .
    I extend my gratitude and sincere thanks to the CJ and the Bench for preserving the dignity, independence and impartiality of the SC.

  • 0
    1

    It has been said that
    “The Law is an Ass”.
    https://en.wiktionary.org/wiki/the_law_is_an_ass

    Here we have two parts – a very large part is in English and a very small part, in Sinhala.

    Who are the ‘brains’ who wrote the small part, and how did it survive all these years?
    The judgement, nevertheless is super and entrenches the role of the constitution and the rights of the citizen.
    What now?

  • 0
    0

    An aside. The verdict is written as if meant for a town crier.
    Colvin used to boast that his Constitution will prevent Kodeswarans going to the British Privy Council.
    .
    Suppose the present case had gone to the British PC, the verdict and presentation would have been the same.
    .
    Were the verdicts delivered in English?

  • 2
    1

    THis is a lazy decision made by seven lazy judges. They have bought Sumanthiran’s argument wholesale, without going in to any detail. THe AG’s would have possibly undermined by not arguig rightly also.

    Whatever the reasons, the people whom they say are supreme are denied a vote to see how popular Ranil and his bank robbing government was/is.

    Whenever the next election is held, judges also will be swept in to the bin.

  • 0
    0

    Where is Prof.G.L. Peiris Professor of Law, Sarath N Silva, former Chief Justice, Neville Ladduwahetty, C.A. Chandraprema (Island) and all others who gave “expert advice” to President Sirisena?

    These advisors wrote articles justifying Sirisena’s arbitrary actions based on prejudices than on facts.

    The 7 justices judgment would not have been possible if not for 19A. It was 19A that clipped the wings of the President so that he cannot act as he pleased. It is 19A that specifically placed the limitation that parliament cannot be dissolved before the expiry of four years and six months unless the parliament passes a resolution by a two-thirds majority to dissolve the parliament.

    As Sumanthiran argued a specific provision of 19A (70.1) overrides general powers of the President
    contained in Article 33(2). Period.

    Out chaos comes order. Let politicians of all shades learn a lesson from the unprecedented turn and twists we witnessed during the last 48 days.

  • 0
    0

    Thanks CT for publishing this Land Mark Judgement of our Supreme Court. This case kept the whole nation on toes for about 50 days. There would have been similar landmark judgements in the past but to my knowledge the Judgement in the Bracegirdle case, just prior to Independence, against the colonial govt: of the day, by English Judges was also a celebrated judgement. This case had launched H.V.Perera as the future leader of the Bar for almost half a century!

  • 1
    1

    What a mad we believed that independent and impartiality of Judges are utopia in our mindset.
    All judgment are in favor or given to UNP by SC, AP, HC and DC of courts of legal system.
    It is unbeliever that Courts run by the UNP leadership?
    All judgment are known to UNP even before verdicts by twitter and Face Books .
    Majority judges are Christen and Tamil origin of families by foreign pay role .
    1 Large numbers of judges are anti- Buddhist and anti- Sinhalese .
    2 How is that such courts of judges become love of our land and civilization ?
    3 Current judges are anti -Mahinda and against national politics of SLPP!

  • 2
    0

    Sinhala_Man: Thanks. I wish to draw your attention to the “Objections” filed by the AG against the Petitioners, in that, he says: )page 28) “However….AG urged the SC is precluded from exercising its fundamental rights jurisdiction in respect of these applications”. With this pleading, read on to pages 29, 30, 31, 32, 33, 34 and see how the SC had dealt with that “Objection” of AG. Your attention is drawn to page 30, viz. “Third Reason” (for rejection of AG’s submission) it said “.. inalienable right of every citizen of our country to invoke the fundamental right jurisdiction of the Supreme Courts is a cornerstone of the people which is is the Grundnorm of our Constitution”. Now go on to read page 34 where it starts with “Finally….” After reading the DECISION of the SC to reject the “Submissions” mainly centred on the aspect of “Human Right”, do you think that the PEOPLE must continue to have this (present) AG as the “PEOPLES'” Attorney General? I think, more than the “Crook Politicians”, this “MAN” must be taken to task. Hope someone out there will get the “Message”.

    • 0
      0

      Dear Douglas, (and also Champa):
      .
      Yes, in a telephone chat with a former boss and current friend of mine we discussed the possibility of the AG having sabotaged My3’s case.
      .
      My friend is a staunch, but intelligent and somewhat critical supporter of Mahinda R. Most people consider me “soft” on the issue of minorities. We can, and must, think differently as mature adults. These are very serious issues.
      .
      Thanks for sending me this analysis that you have made. It is almost 2.00 a.m. Let me study it tomorrow.

  • 0
    0

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  • 1
    0

    There are SC judgments that expose technical arguments brought forward by counsel in order to delay justice. Example: http://www.supremecourt.lk/images/documents/SCAppeal50OF2008.pdf

    However ln 14th Dec landmark Judgment also it is visible that the defense counsel and AG brought baseless arguments such as intend to impeach the president and then misquoting constitutional intend and drag three days for nothing.

    In that sense, the landmark judgment is an indirect warning against the incompetent counsels who come with a mere technical argument and delay justice and earn illicit money.

  • 0
    0

    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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