25 October, 2020

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The TNA Wakes Up To Challenge Centralization & Autocracy

By Yogan Yoganathan

If anything, the TNA may be blamed for resting on its laurels. The party was so sure that Tamils would march to their tune that they hardly campaigned for the vote at the last general election. They even engaged in backbiting. In bed with the UNP, they hardly challenged the UNP when it neglected the people. Party leaders turned on each other for the preferential vote. The electoral reverses of the TNA were telling, when the TNA vote went down and Mahinda Rajapaksa was able to boast that he had more MPs from the North-East than the TNA. It was true and hurt.

Thus when the SLPP grabbed for more power through the 20th amendment to the constitution that centralized everything in the hands of the President, the TNA turned its legal guns on the effort.

As of 24 September, twelve cases had been filed in the Supreme Court. Perhaps the best written of these is the case written up by M.A. Sumanthiran for TNA Leader R. Sampanthan. Filed on 24 September, in its essence states that several clauses of the Bill infringe and derogate from Articles 3, 4 and 83 of the Constitution. 

Article 3 of the Constitution

It  provides that: 

“In the Republic of Sri Lanka sovereignty is in the People and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise”.(emphasis added)

As such Article 3 recognises inter alia that:

(a) The Sovereignty is in the People of the Republic (and not in the Republic itself or any instrument of the Republic); and

(b) Fundamental Rights and Franchise are part of the sovereignty of the People.

CLAUSE 5 of the BILL 

Clause 5 of the Bill derogates from and infringes the provisions of Article 3 of the Constitution and negatively impacts the Sovereignty of the people.  It confers immunity on the individual elected to hold the office of President and removes the ability of the People to hold to account the said individual by an Application in terms of Articles 17 and 126 of the Constitution in relation to powers exercised qua President. This is an effective check on the holder of the office of President and exercised by the People to ensure no one is above the law. The removal of this check will in effect remove the power of the People to hold the office of President accountable. 

CLAUSE 6 OF THE BILL 

Clause 6 of the Bill repeals the entire Chapter VIIA of the Constitution and replaces it with a new Chapter VIIA. The main impact of the proposed Clause 6 would be to inter alia abolish the “Constitutional Council” and replace it with a “Parliamentary Council”.  The Parliamentary Council will be constituted only of Members of Parliament with their mandate limited to making “observations” with no power to make binding recommendations. Thus, there is no provision that the President is bound by the “observations” of the Parliamentary Council.

Moreover, the President has the power, to at any time remove three (the Prime Minister, the nominee of the Prime Minister and the nominee of the Leader of Opposition) out of the five Members of the Parliamentary Council for any reason [proposed Article 47(a) of Clause 6 of the Bill and proposed Article 41(A)(7) of Clause 6 of the Bill].  This will in effect provide the President control of the Parliamentary Council with no safeguards to prevent interference. 

The Constitutional Council as provided in the Constitution functions independently of the Executive with safeguards in place to ensure that decisions can be made that act as a check on executive overreach and interference.  The proposed Parliamentary Council will remove safeguards and allow the individual holding the office of President unfettered discretion to make appointments as she/he wishes, to these positions, thus leading to weakening of independent institutions and eroding the rule of law in Sri Lanka. 

As recognized in a continuous line of judicial authorities of their Lordships’ Court “our Law does not recognise that any public authority, whether they be the President or an officer of the State or an organ of the State, has unfettered or absolute discretion or power”. The provisions in Clause 6 of the Bill therefore derogates from and infringes the provisions of Article 3 of the Constitution.

CLAUSES 7 AND 14 OF THE BILL 

Clause 7 of the Bill repeals the entire Chapter VIII of the Constitution and replaces it with a new Chapter VIII. This would inter alia; 

(a) Remove the security of tenure of the Prime Minister, as long as she/he holds the confidence of Parliament. 

(b) Result in the position of Prime Minister to one of that which serves at the pleasure of the President.

(c) Remove the constitutional requirement that the President has to act on the advice of the Prime Minister when appointing from among Members of Parliament, Ministers, to be in charge of the Ministries determined by him.

(d) Remove the constitutional requirement that the President has to act on the advice of the Prime Minister when appointing from among Members of Parliament, Ministers who shall not be members of the Cabinet of Ministers.

(e) Remove the constitutional requirement that the President has to act on the advice of the Prime Minister when appointing from among Members of Parliament, Deputy Ministers to assist Ministers of the Cabinet of Ministers in the performance of their duties.

(f) Remove the constitutional requirement that the President has to act on the advice of the Prime Minister when removing a Minister of the Cabinet of Ministers, a Minister who is not a member of the Cabinet of Ministers or a Deputy Minister.

(g) Remove the constitutional limitations on the total number of Ministers of the Cabinet of Ministers, the number of Ministers who are not members of the Cabinet of Ministers and Deputy Ministers.

Clause 14 of the Bill would provide the President power to decide when to dissolve Parliament at any time after the lapse of one year from the date of the last General Election, except in certain limited situations. The impact of clauses 7 and 14 of the Bill is that the President will have full control over Parliament and be able to determine when Parliament should be dissolved. Such clauses would weaken the Parliament’s role of being an effective check on the President, paving the way to a situation where Parliament will be at the whim and fancy of the Executive. Such a trend can lead to the violation of the separation of powers, erode the rule of law and undermine the sovereignty of the People.  The provisions in Clauses 7 & 14 of the Bill derogate from and infringe the provisions of Article 3 of the Constitution.

CLAUSE 16 OF THE BILL 

Clause 16 of the Bill gives the President the power to submit to the People by way of a referendum any Bill (which is not a constitutional amendment), which has been rejected by Parliament.  This clause will have serious implications for the sovereignty of the People as it subverts the legislative power of the Parliament.   Thus, the said clause amends the provisions of Article 83 of the Constitution and is inconsistent with, Article 3 of the Constitution.  The provision in Clause 16 of the Bill therefore derogates from and infringes the provisions of Article 3 and/or 83 of the Constitution.

CLAUSE 17 OF THE BILL 

Clause 17 repeals Article 91(1)(d)(xiii) of the Constitution which provides that “a citizen of Sri Lanka who is also a citizen of any other country” is disqualified from being elected as a Member of Parliament. By virtue of Article 92(b) this provision also disqualifies such a person from being elected as President of the Republic. The proposed clause will therefore remove the constitutional restriction of dual citizens from contesting elections for the post of President and to be elected a Member of Parliament, allowing a situation where citizens of another country to hold elected office in Sri Lanka.    The inclusion of such a clause will pave the way for individuals who may have loyalties to another country and possess assets and interests in another country to be elected to key offices in Sri Lanka. It may thus lead to an unfortunate situation where those having divided loyalties and unable to prioritise Sri Lanka and the interests of the People of Sri Lanka holding elected office in Sri Lanka.  Clause 17 of Bill therefore derogates from and infringes the provisions of Article 3 of the Constitution.

CLAUSES 19, 20, 21 AND 22 OF THE BILL 

Clauses 19, 20, 21 and 22 all pertain to a reduction of the powers of the Independent Election Commission.  Clause 6 of Bill provides the President absolute authority to appoint at his discretion the Members of the Elections Commission.  The Bill removes the power of the Election Commission to issue guidelines pertaining to any matter relating to the Public Service during the period of election to ensure a free and fair election.  The Repeal of Article 104GG of the Constitution (Clause 22) will have serious implications. Article 104GG makes it an offence for any public officer or any employee of a public corporation, business or undertaking vested in the Government who fail to comply with the Election Commission to secure the enforcement of any law relating to the holding of an election or the conduct of a Referendum, or a failure to comply with any directions or guidelines issued by the Commission.

The Lordships’ Court has continually held, the franchise of the People as recognized in Article 3, includes the right to a “free and fair election”. Thus, the provisions in clauses 6, 19, 20, 21 and 22 of the Bill as they pertain to the ability of the Elections Commission to function effectively and independently, derogate from and infringe the provisions of Article 3 of the Constitution.

CLAUSES 27 & 28 OF THE BILL 

Clauses 27 and 28 of the Bill provide that in relation to Bills which are “in the view of the Cabinet of Ministers, urgent in the national interest, and bear an endorsement to that effect under the hand of the Secretary to the Cabinet”. will circumvent the present procedure in place and prevent the publication of such Bills in the gazette prior to being tabled in Parliament and preclude citizens from petitioning the Supreme Court in terms of Article 121 of the Constitution. 

The said clauses will also provide the President to directly refer Bills considered urgent to the Supreme Court for a “special determination of the Supreme Court as to whether the Bill or any provision thereof is inconsistent with the Constitution”.

These clauses further provide that there is a mandatory requirement that the Lordships of the Supreme Court make a determination within 24 hours of assembling the Court or such further time, not exceeding three days, as may be granted by the President.  At present the People are provided with a limited pre-enactment review of proposed laws in terms of Article 121 of the Constitution. Sri Lanka also has no post enactment judicial review. Thus, the said clauses will in effect severely limit the People’s ability to challenge the constitutionality of a Bill. 

Clauses 27 and 28 of the Bill thus derogate from and infringe the provisions of Article 3 of the Constitution. Provisions of the impugned clauses 5,6,7,14,16, 17, 19, 20, 21, 22, 27 and 28 of the Bill are contrary to, and inconsistent with, Article 3 of the Constitution and /or The provisions of the impugned Clause 16 of the Bill are thus and otherwise contrary to, and inconsistent with, Article 83 of the Constitution.

It has therefore become necessary for the Petitioner to invoke the jurisdiction of their Lordships’ Court, and to respectfully seek a Determination that;

(a) The provisions of the impugned Clause 5, Clause 6, Clause 7, Clause 14, Clause 16, Clause 17, Clause 19, Clause 20, Clause 21, Clause 22, Clause 27 and Clause 28 of the Bill titled “The Twentieth Amendment to the Constitution” and/or the said Bill as a whole are contrary to, inconsistent with and derogate from Article 3 of the Constitution.

(b)The provisions of the impugned Clause 16 of the Bill titled “The Twentieth Amendment to the Constitution” and/or the said Bill as a whole is contrary to, inconsistent with and derogate from Article 83 of the Constitution.

(c) The provisions of the impugned Clause 5, Clause 6, Clause 7, Clause 14, Clause 16, Clause 17, Clause 19, Clause 20, Clause 21, Clause 22, Clause 27 and Clause 28 of the Bill titled “The Twentieth Amendment to the Constitution” and/or the said Bill as a whole are required to be enacted in terms of Article 83 of the Constitution.

CLAUSE 83 of the Constitution

That is the game now. The government enjoys 2/3 in Parliament. The only way to stop the 20th amendment is to get the supreme court of invoke Article 83 of the Constitution which provides (giving the part relevant here)  that where a Bill (a bill being a proposed enactment before it is passed and becomes an Act)  is inconsistent with any of the provisions of Articles 1, 2, 3, 6, 7, 8, 9, 10 and 11 shall become law if the number of votes cast in favour thereof amounts to not less than two-thirds of the whole number of Members (including those not present), is approved by the People at a Referendum and a certificate is endorsed thereon by the President in accordance with Article 80. 

The government will not want a referendum because those with the Prime Minister do not want his powers transferred to the President.

If the court grants that inconsistency in provisions of the bill, so the thinking goes, the government will jettison those provisions and pass a pruned down version of the 20th amendment as proposed whose bite on our democratic torso may not be so bad.

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Latest comments

  • 11
    10

    Yogan Yoganathan –”If anything, the TNA may be blamed for resting on its laurels. “

    what a disastrous opening sentence!

    what have they achieved over the last 70 odd years for them to rest on their laurels?

    unless of course the author is resting on his laurels while typing

    • 15
      2

      soma
      Where are you?

      Watch this clip:
      https://www.facebook.com/100009064878435/posts/2612080975770706/?sfnsn=wa&extid=LB3UcLls6ZqdVF5j

      Warn all your Sinhala/Buddhist MPs that sooner or later they also may have to face angry farmers. In Hariana the farmers applied cow dung on the face of BJP MP and slapped with footwear.

      Saffron threat or protection won’t last long.

      • 7
        1

        Native,
        very good morning from Germany. Hope you are doing well.
        Did you listen to the public statement made by GOTLER yesterday ? if anything comes out of incumbent president should be considered as law,… was what he added to a gawky gathering in Haputhale.. what do you make of this ?
        .
        I guess SOMA was swimming in the flowing toilet pits of Medamulana. I have no idea if he drowned there. Pasqual is still alive as my sources confirmed. :

        These guys are doing their hired jobs not thinking twice. How many more days do these guys act so ? Is numbered.

      • 0
        0

        Native

        I was busy trying to understand:
        “In the Republic of Sri Lanka sovereignty is in the People and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise”.
        Any help?

        Soma

  • 7
    22

    OK OK OK its the TNA omg we are so scared.

    • 19
      1

      a14455

      “OK OK OK its the TNA omg we are so scared.”

      Good,
      You are not scared at all.

      How about roaring Sukhoi Su-30MKI over your head?
      Now you do not have V Prabaharan to ward off Hindians or hide behind his fat bump now your armed forces may have to find enough women to hide behind them. There is a problem since your government has been exporting all your women folks to Middle East Medieval Kingdoms, there aren’t enough women to protect every member of armed forces.

      Try R Sambandan’s Amude.

  • 11
    35

    Why on earth the Tamil National Alliance is concerned about the Constitution of Sri Lanka?

    It is like Pakistan worrying about the Indian constitution!

    • 18
      4

      GATAM “It is like Pakistan worrying about the Indian constitution!”

      what are you trying to say .?
      You are comparing TNA to Pakistan.
      TNA is a political party in Sri Lanka and Pakistan is a separate country to India

      in your sub conscious mind a logic working
      TNA represents Tamil Eelam a separate country?
      is that your logic.

      This is what happens when you type for sake of typing without thinking

      on another note
      India is worried about Sri Lanka constitution re 13A

      • 2
        3

        When did SL hear out Tamil wishes for a Constitution (other than 1947)? Never. Citizenship act, Sinhala only act and many others were passed under the 1947 one! So either way it is the same.

    • 15
      2

      GATAM

      Did you hear Sri Lankan Police and Army have already started recruiting Jaffna uni students for their (imagined) LTTE.

      Gotass’s brilliant mind working working very fast.
      Since he is unable to deal with the real issues, problems, compounded by undelivered promises to Sanga, Armed forces, Crooks, ……, now it appear it’s time for using diversionary tactics, …. he is attempting to create non existent LTTE problem, he can now opt to use Agent Provocateur’s (Pottu Amman’s old hands) to stir up the situation and render the North LTTE infested troubled area.

      • 7
        1

        Native – Pillaiyan also was also thrown some bread crumbs by Mahinda….deputy DD for Batti something somethng
        ….on the assurance he will support 20A and stir up in Batti as and when needed

      • 3
        2

        Quite possible. Gotabaya is stupid but very clever on those matters. He has to create some enemy he can violently crush in 2024 to win the next election.

        But my point is leave the SL constitution to the ruling community of SL. Others have no business. Isn’t it?

      • 0
        0

        ?

  • 25
    5

    Why did TNA take that long to react on proposed 20A?
    Even 3 rd graders would get it but our minority srilankens move like the sloths in Amazona forest? Are people scared of their press freedom or is it their own passive nature? Muslims are even more backward why ? ?????????????

    • 30
      42

      Minority Srilankens @

      Please wake up from your long slumber. If not today when ?# JVP is also somewhat silent today than prior to Nov 2020.
      We should all fight against 20A – Fight for the sake of future generations. Platations tamil representatives too are dead silent yet today. May be none of them are aware of the real danger before us. After 20A, human flesh would definitely be available in super markets for your own consumptions. Rajapakshes proved their barbarism.. in many ways.
      :
      Gotabaya was pressed with numerous crime allegations (incl. Jamal Khashoggi style murders and high grade thefts incl. that fund grabs for parent s monument – buildings)

      Today the situation is like – ELEPHANT IS IN THE ROOM, but nobody talks about the creature.

      Unfortunatley, muslims are being betrayed by Ali Sabry who is their minister of justice today, but he is just a low life being kidnapped by Rajapashe clan for their legal surivival. Even that spineless GLP is kidnapped by them for their own survivals. Glp would have to shed his last breath with somuch of difficulties, looking back his pin-pong style of cheap politics.

      Ali Sabry has to pay a high price for all his sins. That you will see sooner than later. His mentality is twisted by the same mantra ” mahinda ass chinthanaya” which made island nation eternal debtors to China.

      • 5
        27

        leela ge …..,
        .
        Mr, IDIOT.
        .
        Count the number of TAMIL MPs supporting MR/GR.
        Count the number of MUSLIM MPs supporting MR/GR.
        .
        Calculate it as a percentage.
        .
        Are they not majority of minorities…???

        • 10
          2

          S. C. Passqual

          “Are they not majority of minorities…???”

          According to war crime denier Dayan the minority votes don’t count. In 2015 immediately after the Presidential elections he typed in CT Hopper Sirisena’s victory was not a victory because Majority of the Majority didn’t vote for him.

          Therefore why bother calculating percentages?

          • 1
            2

            Mr. Native Sudda,
            .
            Because we value democracy.
            .
            No wonder you can’t understand it.

            • 3
              1

              S. C. Passqual

              “Because we value democracy. No wonder you can’t understand it.”

              I think this is the good time to learn about Democracy. I intent to master it.
              Go on define, explain, ……. Democracy in general and Sri Lankan Sinhala/Buddhist version in particular.

              Please also define every word and phrase you may quote in your definition of Democracy.

              Could you also give us an analysis of whatever model this island practised throughout the last 72 years.

              By the way if you haven’t got any idea please ignore my humble request. No need to respond.

              • 0
                2

                Mr. Native Sudda,
                .
                I am not here to educate idiots.
                .
                Sorry………

                • 0
                  0

                  Ms SCP@
                  you probably got a degree in Pedagogy from MEDAMULANA UNDERWORLD CRIME CENTRE ? That public statement of GOTLER ” if we followed circulars, we would not have eleminated terror ” proved well that former soldier is still bearing his millitary mindset – can you please educate him before coming to educate us CT readers ? Thank you
                  That should be an easy task for you. right ?
                  :
                  My gosh, this we should have made you clear long ago:

                  Or do you have any other qualifications going beyond that of WIMAL BURUWANSE s ?

                  From what you add, our judgements say you should hurry with your kindergarten lessions.

                • 1
                  0

                  S. C. Passqual

                  “I am not here to educate idiots.
                  Sorry………”

                  old codger and others are here to educate you and your fellow stupid brainless good for nothing nincompoop, ….. .
                  Rather you should be listening to them.

          • 0
            1

            NV
            YES, President of Sri Lanka must have the consent of the overall majority AS WELL AS the consent of the Majority of the Majority.

            Soma

        • 4
          1

          Most abusive SCP,
          .
          It is high time you and the ilk to stand before a mirror. Not even stray dogs would respect you in the days to come. I have no doubt about that.
          :
          Any way as a diedhard punnaku drinker, you can know “not in the least” about the danger before the nation.

          Why not you try to improve your basics by talking to the nearest montisoori teacher ? is that a tall order ?

    • 3
      1

      leelagemalli,

      They (TNA) have been saying that they will oppose 20A in parliament. Then they said they would go to court too. I think, to go to court, the bill has to come to parliament, first. Court may not consider any versions below the bill.

      The article (essay) says “ Sri Lanka also has no post enactment judicial review. ” That may tell all court cases must be filed within a week. Missing that line may become DEAD END. But after 20A is passed, anything president thinks urgent can bypass legal challenges; thus the essay says in future amendment against constitution is possible or even normal. The definition that “the constitution is the supreme law of the land won’t be able to hold after that.

      Lot of things can be inferred at this level. So to see the reality, we have to wait. But that time no damn may hold the water that starts to overflows. May be Queveni’s curse is very close, & crossing now the Bay of Bengal. Keep the fingers crossed.

  • 23
    4

    A great move by all the applicants at the most appropriate moment.
    @
    Hopefully the judge’s will have the courage to hand down an impartial verdict.
    @
    The draconian autocratic rajapukas have to have their wings clipped and culled beyond any form of reincarnation.
    @
    They are better to be kaput dead than alive.

    • 16
      2

      RJ,

      I waited long to add my thoughts about yours. I dont disagree with you.
      :
      We often agree with your comments – but some terms you are used in your comments are not common tomany of us. Anyways, let s all together stand against 20A. Our elders taught us ” nothing is impossible”.
      .
      WISH YOU A NICE WEEKEND ! (we are facing almost autumn like weathers in central Europe these days)

      • 3
        1

        LM –
        \
        Thanks for the thoughts and the sentiments, appreciate them.
        \
        We should all join paws together and make a valliant effort to get rid of this crafty rajapuk’s once sense for all by driving them down into a non-stop burning ravine that converts itself into a crocadile infested water.
        \
        The sooner they are put into motion it will be the best for the whole wife world.
        Cheers, it’s now spring in Australia and we are in receipt of a few sunny days.

  • 20
    2

    Tamil saying: Yar kuththi analum arisi aha vendum. Meaning, whom so ever who may pound the paddy does not matter as long as we get the rice. In this case, so many are trying to pound, but hope that the government will not hide the Ural and Ulakkai (Vangediya)

  • 10
    35

    If the Terrorist National Alliance has woken up the Government should put Sri Lankan Armed Forces on full alert.

    • 15
      2

      If that is the case, SLPP = sri lanken party of parishes

      I dont think all in TNA are equally rebellious minded
      Get well soon!!!!????????

    • 15
      2

      Eager less puntak.
      $
      You being the world s biggest hypocrite you suckle on the bosom of a fine Tamil meenachi for most of the hours of the day and once satisfied take to place insignificant insults.
      $
      Why don’t you continue resting in peace.
      The world will be a better place minus the likes of you a witless wireless clown of a dry joker.

    • 16
      2

      Eagle Brain Dead Blind Eye

      “If the Terrorist National Alliance has woken up the Government should put Sri Lankan Armed Forces on full alert.”

      By definition Armed forces are supposed to be on alert 24/7/52.
      Has the entire army gone on holiday?
      What are you talking about?

      Even if those lazy bumps are tipped off in good time you cannot wake them from slumber. Don’t worry.

    • 3
      3

      90% of Tamils live in India. Only 4% live in SL. Why don’t Tamils worry about the Indian constitution instead? Otherwise this will create another Tamil grievance!

      • 3
        0

        GATAM

        “Why don’t Tamils worry about the Indian constitution instead?”

        Good idea.
        However you are not that stupid are you?

        Majority of the Sinhala people share Tamil/South Indian DNA, practice Indian religions Hinduism/Buddhism, language belongs to Aryan family of languages, food, culture, music, …………………………………….. hence you should be demanding Sinhala/Buddhists to worry about Hindian constitution, …… given that Mahinda’s very often repeated claim that India is our relatives and China is our friend.

    • 5
      3

      EE
      Terrorist National Alliance?
      Have the BBS, Sihala Ravaya and others formed an alliance?
      If so, the Government will never put the armed forces on even fractional alert.

  • 20
    1

    “SHOW TIME”. This is going to be last remedy. Who ever hearing this case must be thinking of ex CJ Shiranthi. After the citizenship battle , I do not have much hope. The only difference, is this battle is fought by individuals and dose not involve our AG Dept.

    • 2
      12

      Mr. Chiv,
      .
      What citizenship battle..??
      .
      It was few liars who tried to frame GR.
      .
      1. Ask Prof. Ratnajeevan Hoole GR’s US citizenship renounced date.
      2. Ask Gamini Viyangoda, and Chandraguptha Thenuwara GR’s US citizenship renounced date.
      .
      They will clarify you.

  • 18
    1

    The family is standing together in the matter of achieving unprecedented powers to the office of president, focusing on the incumbent as well as potential successors from the family. Therefore, no power struggle will ensue as a result of the present elder ceding powers to the younger.

  • 6
    9

    No single party can fool all of the people all of the time. That is why we have so many parties.

  • 15
    2

    Here are few examples of Low Odor. HC adjudicated the case of Thaj, because the key witness, JMO of Colombo, Prof, Ananda Samarasekara, who covered up the forensic evidence peacefully passed away leaving the victim’s family in misery. That indicates the end to Thaj case. Few questions which any layman should be asking are 1) such a senior person in the dept , a professor , who have been in service for years, why would he go to the extent of covering up such evidence ,which carries high risk of being found out. ?? keeping in mind the alleged murderers tried to burn the body not just to fake it as an accident but to destroy the evidence.) for who,s benefits ???on who,s orders ???. And now education minister GLP says 20 A is needed for RAPID development . Can any Economist explain the connection between 20 A and development/economy/ global recession/pandemic impact on global economy/current deficits/ debts/unemployment/ conflict between US/China —etc.

  • 14
    0

    RIP SPB.

    A true Indian.

  • 14
    0

    One more, Today Pujitha told PCol on April 9th after receiving the intelligence , he made calls to 20 or so higher ups to warn about the Easter plans. However during investigations he found all his telephone records were deleted. The head of SLT and Mobitel was MS brother. He also said Abdul Latif Jamal Mohammad , who blasted himself in Dehiwala lodge had MET few intelligence officers 45 minutes before he blew himself. Of course it is one sided . But think about about it ????? Soon after Easter MS wanted scapegoats but,was specific. Pujitha from day one has maintained his version where as MS had lied umpteen times (continue to do so ). Pujitha says he refused to take the blame for money, perks and a diplomatic position of his choice.(we are aware how diplomatic positions were used as bribe in many cases). Though it may be a lost battle Pujitha named 20 or so people who he had informed. MP Harin said it was the CID who warned his father prior day. The first assignment of GR after becoming President was to cleanse the CID ,where Nishantha managed to escape. Think ????

  • 2
    16

    Dear YY

    Thank you.

    You did not have to insult the Tamils nor the rest of the SL’s by the first paragraph?? Personally thought It was so defensive/patronising to be a fellow man reading each statements?

    However If you needed to highlight the basis for the TNA (one of many parties in our Nation who’s full time job is related to court proceedings since the Independence) filing the case against the 20 amendment is cool?. The second part of your article just done that very well?? is a democracy after all we allow the TNA to cohabit and exercise their rights too?? good on you SL even after we have lost all we ever had courtesy of the FP/ITAK/TULF.

    Since this filing of the case is all about “human right issues” I guess you are convinced the TNA is not the “Ratha Pottu Mafia FP/ITAK/TULF 1970-1977-1981 Jaffna Killing Fields” instigating death and destruction to have things their way in Jaffna first & then in entire SL anymore??

    • 0
      2

      1. GOSL need to challenge one thing in the court regards to the legitimacy of this party itself and answer the same Judge on what basis this party has not been challenged on all the killings/hate speeches/fabs and fobs to date “Ratha Pottu mafia Killing Fields in Jaffna 1970-1977-1981 a Tamil crime on Tamils followed by all other”…is a question for the GOSL to answer.
      2. The attendance/party stand on funerals of all their opponents killed and their statements to the media and their attendance to the respective funerals of all the Tamils mostly their opponents need to be presented to the Hague as the elected representatives of th people.
      3. GOSL need to explain how the citizens rights were protected/police investigations/court cases/findings to be published immediately to the world.
      4. Their entire deliverables for the past 70 years to the electorate need to be listed as the elected representatives changes with development work within the Sri Lankan constitution.
      5. If the GOSL planning to attend the funerals past and present of these folks they need to explain on what basis they did this on behalf of the SL people?

      • 0
        2

        6. It is time the court start arresting/charging them and taking them for interrogation regards to what they know about the pre 1977 election irregularities and attempted murders and the post 1977 events leading unto 1981. They need to name the Indians involved in this process for the respective charges too.

        Perhaps this will explain to the SL and the World why we needed to make the Constitutional changes under this GOSL as suppose to the previous parliament a Constitutional assembly?? wasted the entire term of an elected to deliver justice/development to all the subjects of SL??

        This court proceedings should be used to put and end to this “Court Room Drama” and Killings Fields this party has practised since the inception. Ruined life /arms and Limbs of the Nation…generations have died and lost all the dignity of a human basic rights for a life in their land……..whilst the same get elected and spent a life time of life style that belongs to us all……a family/home living/human dignity….even the soldiers who protected them about to be charged for this parties initiation an evil nature never known to human kind. This audacity need to be challenged on behalf of all mother Lankan Children who lost their life to this folly.

  • 8
    21

    The old guy in the photo is a separatist and a supporter of terrorism. Why the hell this guy has been given a luxury house in Colombo 7 paid by tax payers (majority Sinhala) instead of stripping his civil rights for violating the Constitution of Sri Lanka.

    • 4
      2

      @EE

      That is because Gotabaya is scared of him.

  • 8
    0

    The essayist says……….

    The Government will not want a referendum because those with the Prime Minister do not want the powers transferred to the President!

    This indeed is a sweeping statement:
    Does the essayist imply that there is a power struggle between MaRa and GoRa?
    Is that the reason why a few Ministers including G.L.Pieris say they had no hand in the drafting of the 20th Amendment?

    I personally do not think that a wedge can be driven between the two siblings. Whether you like it or not their success is in the family unity. They only know too well that the Dynasty could be set in motion via the 20th Amendment!
    If the SC dismisses the petitions [God forbid ! ] still it could be defeated in Parliament if the 12MPP OF THE SLFP VOTE AGAINST and prove themselves as members of a great party founded by SWRD.

  • 5
    0

    The problem here is a hierarchy is being created with the branches of government by the clauses 6, 7 & 14. That is, 1).President controls the cabinet and the parliament. After 20A, People’s sovereignty on legislating is only fictitious. Parliament though elected by people, under full management of president. Because, president holds the whip, by firing whenever he wants and disciplining them, they don’t get chance to serve to people but only to president. 2).On the next level comes, the judiciary. The justices get appointed by President. Parliamentary council has a comment on this. So they have, without any responsibility, make recommendation on the justices. This Parliamentary Council is coming out of nowhere with no capacity, especially no eminent persons present in it to evaluate the judges’ moral, educational, neutral, democratic consensus. We saw Wimal Weerawansa led firing procedures of CJ Shiranee; Personal, vindictive and humiliating political dressing down procedure. Hearing that story, that time American Ambassador, Patricia Butenis said to Justice Minister Hakeem, he should resign taking responsibility for that shameful drama under his nose. End of Yahapalanaya time, four of them rescued them in a series on Lasantha’s case. Judges are going to be in desperate situation. They won’t be able to think of people, but to strictly obey the president to protect them.

  • 5
    0

    With the election of president, in this arrangement of 20 A government branches, people are thrusted with a full government. There is no meaning for parliamentary election when the power separation is not possible. This is a kind of cow and calf deal, people like it or not. Practically president is bringing the parliament and the Supreme Court with him. Lankawe, for last few decades, setting up a new custom, the new boss set up new government, new rules and rule it over in his/her way and leave the country behind destroyed. Don Stephen started to form Sinhalese majority government. The trend was visible in 1972 constitution. Siri Ma o too, abolished Privy Council, removed Senate, created ceremonial Governor, disrespected democracy but did not become a full dictator. JR opened the path for dictators emerge by creating his own government with 1978 Constitution. He made a parliament without election. He had a resignation letters from all MPs. His PM described himself that he is only an office peon in the cabinet. JR made the parliament and the cabinet his home aid boys and girls. So until 19A every influential head in the government, Vaalaiththodam, Old King CBK, Ranil & New King made the rules for them by a new constitutions or by a new amendment ruled over in their way.

  • 3
    5

    Has the TNA woken up? When? . I thought SamSun were permanently set on deep sleep mode. Sometimes woken up to save Chingkalla governments who are favourable to India and the west and again put to sleep.

  • 0
    5

    Sumanthiran maybe an excellent legal mind but he clearly is a lousy politician and has put his personal ambitions to become the TNA leader ahead of the Tamil people. He has let down the Tamil people big time, time to go Mister!

    • 1
      0

      Time to go to Jaffna.

      Soma

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