By Colombo Telegraph –
“‘Lawyers for Democracy’ is committed to invoke the jurisdiction of court to seek that those who have subscribed to the oath under the Constitution and has acted in violation of the Constitution are declared disentitled to hold such positions.” says LfD.
Lal Wijenayaka -Convener LfD
Issuing a statement LfD Convener Lal Wijenayake says; “The Speaker, Deputy Speaker and all members of Parliament has taken an oath of office under the Constitution to uphold and protect the Constitution. The speaker, Deputy Speaker all member of Parliament are bound by this oath and any violation of the solemn oath under the Constitution will disentitle them to hold the office and any citizen has a right to move court for a writ seeking declaration that the member is not entitled to sit in Parliament and / or hold office as they have violated the oath of office. It is strange that these responsible persons who are tasked with the duty of governing this country are either ignorant or arrogant to make these statements without realizing the grave consequences that follows from such statements.”
Related posts;
Deputy Speaker: “I Know The Law”
Impeachment: Full Text Of The Supreme Court Determination Today
park / January 4, 2013
Do you think the politicians of Sri Lanka know anything about the constitution? Even if they can read the constitution they will not be able to understand. Ranil is a good example. He did not allow the UNP -PSC members to attend the courts, by doing so he has proved beyond doubt that he cannot understand the constitution (I know he can read it).
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Dinuk / January 5, 2013
Well said Mr. Wijenayake and thank you Lawyers for Democracy.
The solution to the “chaotic situation” that has arisen as a result of the mala fide and dastardly impeachment of the Chief Justice is to turn the tables and IMPEACH MAHINDA RAJAPAKSE and CHAMNAL RAJAPAKSE. They must be held ACCOUNTABLE for lying and deceiving the SOVEREIGN PEOPLE of Sri Lanka and running a Kangaroo Court in Parliament and bringing disrepute to the judiciary and legislature.
Mahinda Rajapakse has RUN AMOK, inebriated with power, and has sought with his family to destroy governance institutions and democracy in Sri Lanka and MUST BE HELD ACCOUNTABLE for the disrepute brought to the judiciary, the legislative and executive office and thereby the county and SOVEREIGN PEOPLE OF LANKA – this is a moral argument which has a legal base.
Of course, in the context things must get worse in order to get better. The hideous oozing sore that the Rajapakse family represent in Sri Lanka today has to be removed, cauterized and the country sanitized for Lanka to recover from the damage done by 7 years of Rajapakse’s mis-governance – almost as bad as 30 years of war. This wiil not happen easily given Gota the white van Goon’s militarization of the county in order to secure the Rajapakse DICTATORSHIP.. but surely it will happen once the LANKA SPRING gets rolling in 2013 – without the other dictator – the ASS Ranil Wickramasinghe!
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Silva / January 6, 2013
park,
“..Do you think the politicians of Sri Lanka know anything about the constitution? Even if they can read the constitution they will not be able to understand. Ranil is a good example. He did not allow the UNP -PSC members to attend the courts, by doing so he has proved beyond doubt that he cannot understand the constitution (I know he can read it)…”
Hah.. Hah… Haaaa!!! Lunacy, imbecility and buffoonism at its best! Are these the bastards with whom we have to topple this government? No way!!! Main issue leaving aside there are some [Edited out] who are on a pay-by-dollars mission to carry out a misinformation campaign against Ranil! Whenever a new article is posted these bastards swarm in to write utter nonsense about Ranil. You ill bred bastards, do you think you can convince people to buy your [Edited out] nonsense?
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LK Perera / January 4, 2013
This is an important statement by lfD. Yet, if LfD is serious about what they stand for and maintain its standing as a body that stands by its principles, it must either directly, or through their individual activists, take some concrete steps. With long standing and principled individuals such as its convenor and leading members, who are thoroughly conversant with legal implications of key govt. post holders ( cabinet minsters, speaker & dy. speaker) not upholding the constitution by their public statements must not limit themselves to issuing statements and warning them ( as if these office bearers need reminders ).
As there are already enough instances of several of these individuals ( Hon. Weerawansa, Hon. Weerakkody) making statements that amount to “not upholding the constitution” and “contempt of court” and that are not safeguarded by their Parliamentary privileges ( as they were made outside the House sessions), as a member of general public I look forward to concrete action beyond merely issuing statements from LfD.
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Citizen / January 4, 2013
I think Sri Lanka is the only country where majority of Parliamentarians like Wimal Weerawansa, Dillon Perera, Mervyn Silva, etc., talk pure non-sense. These characters have to be taught what is courtesy and how to be cultured. It is a shame to the country if such characters are made Ministers. They are only good for sweeping the streets. I wonder if they are aware of Contempt of Court. I even wonder whther these people can give a perfect definition of the words ‘Politics’. There are even instances where the mace was taken by another undesirable Parliamentarian. The sacredness of the Parliament has become a ridicule affair in the eyes of the people. As such how do we expect these clowns to realize the significance of Oath. It is time that people from each community elect some desirable gentleman to the Parliament. The best and suitable place for these characters is the Angoda Mental Hospital, where the inmates of the hospital can give a good training.
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punchinilame / January 4, 2013
There are so many instances of breach of peace, in Governance, some of
which can be pursued in Courts under Public Interest, however it seems
“white-vans” may trail individuals. There is precedence.
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Jagath / January 5, 2013
So if any of those MP’s vote for the impeachment are considered as contempt of courts and therefore they can not sit as MP’s any more?
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Safa / January 5, 2013
We cannot expect any good from these corrupt politicians. They are a law unto themselves and the masses are being taken for a ride.
I think LFD can play a very constructive role by taking up cases against corruption and human rights violation by the politicians. This is essentially missing in our society and only a few like Mr Nihal Amerasekera and Mr Chandra Jayaratne file actions on behalf of the common welfare of the people.
Very few people have the time and money to file and appear for such cases. So it would be an invaluable service if a group of lawyers volunteer to support such actions. I am sure if they are able to provide such a service coupled with the investigative and fact finding part then there will be a great change within society and the country.
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Dineshi / January 5, 2013
Sri Lanka is getting increasingly isolated. No country will support in international bodies under these circumstances if the authorities continue to ignore constitution it is impossible to get IMF loans due to lack of confidence in the fanatical regulations and law and order situation.
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kautilya / January 5, 2013
Lfd should take immediate action seriously to file action “to move court for a writ seeking declaration that the member is not entitled to sit in Parliament and / or hold office as they have violated the oath of office.” Time is running out
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peter / January 5, 2013
PLEASE TAKE THEM TO COURTS ON THIS MATTER. WE LIKE TO SEE THE END RESULT.
PL. REMEMBER THEY COULD BE PARDONED BY MR.
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PT Dinal / January 5, 2013
Coiurt actions against these people are uselee, see
1. ITN/Sudharman who is having a Open Warrant issued by Courts having tea with HE President.
2. Kathriarachchi released from MURDER Charges,
3. Sr.Minister Milroy Fernando’s wife who convicted for killing TWO Ladies(One was keeping her husband Minister), pardoned from her jail sentence,
4. What will happend to KILLER/Pradesiya Saba Chairman who raped his girl friend and killed the white man in south.
5. What will happend to Pradesiya Saba Chairman who celebrate 100th RAPE in Srilanka.
6. What happened to RECENT 27(must be more) killing of prisoners.
There are over thousand to add. No action by police, if action taken he will loose his job or imprison, after framing “bribery” or some other charge. This is the situation, BUT at a Election same people will come after a bigger majority.
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Sunila Mendis / January 5, 2013
We must have more and more civil organisations with the dignity of the country at heart to support the attempts of the LFD. Form a collective of FUTA,GMOA,OPA,Trade unions, Students Unions, Teachers; Unions etc.When you fight single handed you can be easily snatched by the Govt forces.
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Wanigasekara / January 5, 2013
Courts along with the government have imposed restrictions on media, opposition and the trade unions. Media was suppressed, there are injunctions against opposition activists, media have to pay compensations, trade union leaders prevented from demanding their rights by way of trade union action, now when the judiciary is facing similar issues and when they demand their rights it is impossible to help them. Judiciary will have to remove all restrictions imposed on citizens and the rights of employees to take trade union action their rights need to be restored immediately.
Opposition members of parliament were allowed to cross over, now they themselves go against the Judiciary. Judiciary need to restore the rights of opposition in a democracy, when the students go to courts on discrimination and discrepancies if the cases are not taken up will they join to safeguard the Judiciary.
Crossing over to government without representing the voters whom they were elected is not democratic. Trade unionist cannot support the judiciary as they were prevented from taking steps by the judiciary in previous occasions. First of all the rights of ordinary citizens and students need to be restored.
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Wanigasekara / January 5, 2013
All citizens living in Sri Lanka just as the Her Ladyship Chief Justice and their Lordships Supreme Court judges expect a fair trials, proper procedure, respect for constitution and so on, if they come to a settlement stating that it is applicable for this time only, when it comes to impeachment also same people would say that wrong procedure is only applicable for this time.
When they apply wrong procedure once they say that it is justifiable to apply this method for next time as well. When this type of mistakes occur on trails related to younger generation and students chaotic situation could occur which would seriously affect future generation, long established national policies will be disrupted. So it is important to have a retrial on major issues related to national policies.
Similarly there should be a proper methodology for impeachment, wrong method used and applicable for this time only is a dangerous precedence. Same arbitrary method would be used in few moths time to impeach the next Chief Justice as soon as a decision given in favor of ordinary citizens. What is the rationale of having a Judiciary under those circumstances?
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Thilak Dissanyake / January 6, 2013
Wimal the drummer who has passed 9 grade knows the constitution best
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Jim Softy / January 7, 2013
I am pretty sure these Lawyers for Democracy are getting funds from some NGO which I don’t give clues to identify.
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Nihal De alwis / January 8, 2013
Ranil is related to Mahinda through Mr SWam Wijesinghe and he prefers to enjoy tyhe benefits as the leader of the opposition and is a selfish man who will pay the price very soon Nihal
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