14 July, 2020

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Vox Populi, Vox Dei. And Voice Of The Supreme Court?

An Editorial note: Our writer N. Lohathayalan this evening submitted a short summary of M.A. Sumanthiran’s submission to the Supreme Court of the arguments of all those who spoke for the Petitioners in the just concluded elections cases. These cases asked essentially for the Gazette of 2 March 2020 to be nullified. 

One valid opinion among our editorial staff held that –  the court judgement having been delivered at 3:00 pm on 2 June 2020 not to permit the cases to go on, refusing “leave to proceed” –  the article is out of date and not to be published. The Supreme Court, in this school of thought, has rejected these arguments.

The Editorial Board, however, came to conclude that the article is eminently worthy of publication. Why so?

M.A. Sumanthiran PC

In an election the people vote. It is said the electoral verdict is sacrosanct. Indeed. It is also said vox populi, vox dei. That is, the voice of the people is the voice of God. But is it? The recent Sri Lankan election verdict is far from the voice of God. Yet, we do not question it, because it is a commonly agreed systemic democratic principle, right or wrong, that the people’s voice must be respected.

Likewise, our Supreme Court Justices are far from gods. Like the people of Sri Lanka, they too are susceptible to grave errors as in the Helping Hambantota Frauds where a Chief Justice boasted of how he helped certain politicians.

This is not to say that our justices are bad. Rather, it is to say that their verdict is not necessarily from God.

In a democracy, we have a systemic agreement to live by court decisions. It does not mean that court decisions are right, or free of political and career considerations. We simply agree to live by them.

In a democracy, knowledge is more important than systemic and blind obedience to popular verdicts, whether of the electorate or courts. Sumanthiran’s arguments in court are good. Just because the Supreme Court says otherwise, we do not need to think his arguments wrong. We are therefore publishing his summary in the belief that knowledge is golden, knowledge is power, and knowledge matters. So read and be aware that even the Supreme Court’s verdict has its detractors.

Common Summary in Supreme Court on 1 June 2020 Regarding all Elections Cases on Behalf of  All Respondents by M.A. Sumanthiran

By N. Lohathayalan

The word Parliament came to be used in the thirteenth century AD. In the  year 1215 AD, what was known as the Great Council, consisting of Lords, in the Magna Carta was established as the Parliamentum. In warring with other countries, funds were raised through taxation with parliamentary approval.

Since the Sovereign was the head of Parliament, whenever a Sovereign died, Parliament was considered dissolved. In the seventeenth century there was a controversy over who the successor to the diseased king ought to be, and attendant upon it was a delay in deciding. To address this problem of not having a Sovereign, a law was enacted.  Accordingly, when a King or Queen died, parliament must be convened. Should the demise of the Sovereign occur when Parliament is in a dissolved state, the dismissed Parliament ought to reconvene  until the next King or Queen dismisses parliament or for a period of six months. A Parliament does not die. Even if dissolved, this situation gave rise to the new theoretical position that a dismissed Parliament may always be reconvened.

It is the British Parliament that is the source of all Parliaments. The traditions of the British Parliament are established as law in Sri Lanka. In Section 7 of Parliamentary Law (Powers and Privileges), it is said, the trends and ways in the British Parliament are the laws applicable to the Sri Lankan Parliament, and to know these trends and ways one must study the daily proceedings of Britannia’s Parliament whose footprints we follow.

British traditions have been internalized to our Parliament. Therefore, dismissing Parliament can never be equated to sending it into oblivion. The Parliament is an institution that lives with continuity. The only rationale for dismissing a Parliament is to select new members for it.  

Therefore, until new members are selected for a Parliament, the old members of Parliament may be summoned to meet if the need arises, It is this principle that is enshrined in Sections 70(7) and 155 in our Constitution. 

In Article 70(1) the President has been empowered to dismiss Parliament ahead of its completing its 5-year term. However, even that power is circumscribed by stating that if such dismissal is ahead of 4.5 years into the life of Parliament, it requires a parliamentary resolution approved by a two-thirds majority. It is because President Maithripala Sirisena violated this condition in dismissing Parliament in 2018 that a bench of 7 judges of the Supreme Court ruled against that dismissal in Rajavarothayam Sampanthan Versus Attorney General. 

It was already in our statutes that in any declaration dismissing Parliament, the date of dismissal, the date of poll and the date of convening the new Parliament ought to be specified (Vide Section 70(5) of our Constitution). Even if the date of convening the new Parliament is subsequently changed, that new date has to be within three months of the original dissolution. In the event of Parliament not functioning, it shall not be in excess of three months says another fundamental principle in our constitution. Even if that three-month hiatus is to be prolonged by an unexpected obstacle, Article 70(7) notes that the President must recall Parliament.

It was in this backdrop that the President issued his proclamation dissolving parliament as soon as the Eighth Parliament finished 4.5 years of its existence on 1 March 2020. Even prior to that we all knew that the COVID-19 Pandemic was raging world-wide. It was in relation to this that the Leader of the Opposition raised questions in Parliament on 24 January and 5 February. Already the suspicion was well-alive that elections would be impossible in the months of April and May. 

A day prior to the submission of nomination papers on 12 March, that is on 11 March, there occurred two incidents. The first Sri Lankan afflicted by COVID-19 was discovered. And second, the World Health organization announced that COVID-19 is an infectious disease  with reach across the globe. Following that, schools and workplaces were shut. 16 March was declared coming under special regulations, and nominations were not accepted on that day. However, nominations were accepted on 17, 18 and 19 May, and it came to be known only later that those three days had been declared general public holidays.  No sooner than the days appointed for nomination were over, the poll date was postponed by the Election Commission without any deadline for announcing a new date. From the next day, that is from 20 March, it was announced that  a countrywide-curfew would be put in place. After the nomination dates, it is now two months for which this “practical exercise in curfews” has been in force. 

On 20 April 2020, the Election Commission through Gazette notification announced that the general election was being postponed to 20 June 2020. This violated the 3-month gap requirement. In the meantime, the proclamation of 2 March 2020 continues to state that the election poll-date is 25 April and that the date for convening the new Parliament is 14 May, 2020. 

On the first day that hearings commenced in the ongoing cases, that is on 18 May, the above-mentioned two dates had passed. In this situation, only the 2 March dissolution of Parliament remains implemented. The other two dates are not implementable. Indeed, the other two dates defy implementation.

A Parliament is dissolved only to select new members. There are no other reasons for dissolving Parliament. While that is so, it cannot be that the 2 March date of dissolution in the gazette is the only date that has been or can be implemented. Dissolution in meaning cannot be separated from 1) Choosing new representatives in Parliament and 2) Convening the new Parliament. Parliament functioning without time limit is a violation of the Sovereignty of the people.

Section 70(5) of our constitution requires three dates to be noted in the Gazette dissolving Parliament: 1) The date of dissolution; 2) The date of the new Parliament convening; and 3) the date of polling. It is only if all three dates are included in the Gazette that the dissolution may be considered lawful.

When the Gazette dated 2 March was published, all three dates given were feasible and practicable. However, when the poll date was changed to 20 June, it was confirmed that the new Parliament could not be convened on 14 May; it was moreover confirmed that the new Parliament could be convened within 3 months of the proclamation of 2 March, that is by 2 June. 

It is in these circumstances that the Petitioners sought the intervention of the Supreme Court. Their plaint was that their fundamental rights were in imminent danger of violation. When Petitioners claim the protection of court about the imminent infringement of their rights, stopping that infringement even before it occurs is the duty of court. Tomorrow, 2 June, 2020 midnight, this infringement will occur.  Even before that the Supreme Court must issue an appropriate order. 

As for the three-month gap between the proclamation and the convening of the new Parliament, there arises the question whether that limit must be observed willy-nilly or it can be expanded as circumstances warrant. 

In the year 2018, in the case concerning the dissolution of Parliament, it was firmly established that the gap is firm and cannot be expanded in Sampanthan Versus Attorney General through the ruling of a seven-judge Supreme Court Bench.

We need to uphold the constitutional structures for basic human rights violation cases, democratic governance structures and the rule of law. These involve cases against the government. One agent of the government usually will not fault another. However, when that is done as when those in Parliament complain against the Executive, it more than in other circumstances confirms that our rights are being trammeled. Therefore, I ask humbly that you find with the Petitioners and permit the continuation of the case. 

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Latest comments

  • 21
    4

    Nothing can be more logical than the arguments made in the submission for the Courts to continue. Hope Dr. Nihal Jayawickrama would shed some more light.

    • 25
      9

      What is the point of these lengthy discourse when it ended up in zero. In contrast I had expressed my views in a few words, and the court has decided exactly on those lines. Please refer to my comment on 30th May in the article by Prof. David titled “Will Gota defy supreme court”. There I have stated that Constitution does not say that if election cannot be held due to some reasons and the new parliament cannot be installed within the stipulated time frame, that president should recall gazette notification of dissolution and reinstate the old parliament, until election could be held. I have further stated that this is a loop hole in the constitution which the makers did not see as a possibility, which allows the president to carry on without a parliament till election is held and that Supreme court has to go along with that and dismiss cases filed. This is exactly what has happened and court has interpreted the constitution correctly. When a layman like me is able to spot the loophole and predict the outcome correctly, I do not know why the so called legal bigwigs failed. There is no logic in these arguments other than self promotion by playing to the gallery. (CONTD)

      • 11
        41

        Law of the country – Prevailed.
        Constitution of the country – Prevailed.
        Democracy – Prevailed.
        Will of the people – Prevailed.
        .
        Honer the law of the land.
        Respect The People’s Mandate.

        • 20
          6

          Mrs Pasqual, with all respect to you as one and only representing Nianderthals@

          May I ask you here, is it Jungle law based on Medamulana Doctrine ? is that not the same doctrine, which made the nation incl. unborn children a debt trap number one country being caught to CHINESE INVESTMENT INJECTION ?????

          or the law just adapated from colonial master not having a spine yet after 72 years since independence ?

          Democracy or Autocrazy of uneducated, uncultured and uncivilized men ?

          Will of the PEOPLE or just themade perception of the gaping slaves ?

          Honour the law of the land is something else,but what your masters have been upto is similar to tribal states and their usual modus operandi, e.g. such as SWAZILAND , dont mix it up with that of civilized Switzerland or BP ? You guys confound/replace it always… psychologists with psychiatrists, sociologists with Wimal buruwanse followers, Rajaapakshes with gerater leaders of the world….. please try to sense it even if it sounds to be not achievable to you the kind of low lives.

          • 12
            23

            I take this opportunity to thank…..
            .
            Prof. Ratnajeevan Hoole.
            Jayampathy Wickramaratne.
            .
            And gang of other IDIOTS for validating our President’s way of getting things done.
            .
            THANK YOU ALL.

            • 8
              0

              President ‘s way of getting things done – is he the president or his brother MaRa aka Southerners’ Thondaman ( Thonadaman was reported to be a politician but did much less to those destitute in plantations -though he enjoyed his life to the top as MaRa has been doing).
              .
              1) CSN Sender was on hold – cancelling their licence but the owner of the sender being Rajakapkshe family, now the case against that Sender is null and void…. ha ha.. occured without the knowledge of your beloved president ?
              .
              2) That sand erosion – or better said throwing 1 billion of tax payers funds ( 1000 millions and 10 000 lacks of rupees) resulted thanks to rulers and their administration not to have done in an acceptable and valid manner… is that not known to your BP Gotler ?
              .
              to be continued

              • 4
                9

                Mr. leela ge …..,
                .
                I will tell you few things people learn in kindergarten.
                Obviously you haven’t been there.
                .
                First – Think and plan what you wants to say.
                Second – Phase it properly.
                Third – type it. Check spelling.
                .
                Then post it.
                .
                Understand…..?
                .
                If not….. read it again.

      • 16
        16

        Why should a Tamil rush to fight to reinstate parliament which is not going to do anything to alleviate their suffering, rather than letting Sinhalese to fight it out. Sumanthiran must explain to Tamils the advantage of reinstating old parliament now, over waiting for installation of new parliament in three months time. What is he going to achieve in three months which he could not do over last five years. This is another Sumanthiran gimmick to be darling of Sinhalese. Parliamentary democracy is not electing members and passing statutes. It involves rule of law and freedom of expression, which has been denied to Tamils since independence. It is the parliament which passed laws to discriminate Tamils and it is the parliament which empowered the executive to carry out discrimination and it is the parliament that gave impunity to arrest, torture and kill Tamils under PTA. This judgment does not mean that the caretaker government is legal after 2nd of June, which if contested in court, I am sure the supreme court will give favourable verdict.

        • 19
          7

          “Why should a Tamil rush to fight to reinstate parliament which is not going to do anything to alleviate their suffering, rather than letting Sinhalese to fight it out. “
          What parochial attitude! What political naiveté!
          A right wing dictatorship, which sooner than later will fringe on if not become a fascist dictatorship, is a threat to all.
          It will even be harsher on minorities to keep a sizeable section of the majority community. By taking up the cause of defending against such prospect Sumanthiran has enabled a dialogue across democratic forces of all nationalities.
          It is important to stand for what is right. Winning and losing are less significant than that.

          • 11
            3

            Dear SJ,

            Very good morning to you from Germany !
            .
            See the manner two different Tamil reperesentatives – behave so unique.. is that not the real mirror image of the srilanken society ?

            Mr Sumanthiran is fighting for the rights of the people (regardless of the race, religion or whatever – that he proved well at the time, he defended former MP Ranjan Ramanayaka lately ) but this SENIOR medical professional Dr S sounds to be fighting for whom ? If the kind of represenatives would see it like that, how can commoners be wise ? This is really the best example why our people regardless of race or whatever the barrier, stay stagnant not being able to achieve the little. Hence paradigm shift should be aimed with the “thinking pattern”.

            • 7
              4

              Leelagemalli, I am standing for truth and justice. Sumanthiran was elected by Tamils to fight for them, and if he is not prepared for that and is interested only in national issues, which for most of Tamils is meaningless, he must resign from the post as a gentleman, and carry on his campaign. Instead of that, as gutter politician he wants to have the cake and eat it. Has Sumanthiran taken any interest in agitating for Tamil people suffering with no news of their relatives, unable to get their lands back or subjected to Sinhala racism. I am a forthright person who will call a spade a spade and will not hesitate to condemn a crooked coward who is taking Tamils for a ride. Big talk of new approach and co-operation politics are to hoodwink Tamils, as probably Sumanthiran may have been threatened by Gota of serious consequence, if he exceeds limits on Tamil demands. Unfortunately most of the people are unable to realize this.

            • 5
              4

              LM
              Be serious.
              Do you call this doctor a representative of Tamils?
              At best he represents his parochial mind.
              Sumanthiran is the spokesperson of a major Tamil party.
              Why should one worry about differences in opinion.
              Civilized debates are good for democracy.

          • 11
            3

            SJ
            I fully endorse your enlightened position!
            There is no Sinhala problem or Tamil problem. A Sinhalese problem is as well Tamil problem.

            Be inclusive! and build up your relationship with all.

            When you exclude, you yourself get excluded.

            Refrain from parochial thinking for good!

            • 2
              6

              Srikrish, I am a good example of how to build up relationship with all. I have been President of three leading associations in UK where majority are Sinhalese. Just because to have good relationship with all, you need not compromise your self respect and principles. Despite my stand about rights and suffering of Tamils, in one of the association, fair minded Sinhalese voted for me to defeat a Sinhalese candidate who campaigned against me on racial grounds. Problem with people like Sumanthiran is that they run down Tamils to curry favour with Sinhalese and at the same time remain silent about what others do to Tamils. I am told that in the recent interview, Sumanthiran while condemning Tamil armed movement, justified the action of Muslim suicide bombers . It is this despicable behaviour, that I am exposing. Tamils will be used in the fight against dictatorship and when the goal is achieved, they will be dropped like a hot brick.

              • 1
                0

                Dr Gnana,

                We appreciate your efforts to build up relationship with all.

                Meanwhile why not allow others also do so!

                Allow Sumanthiran to speak freely and openly!

                Otherwise Sumanthiran will not be open .
                He will be called a hypocrite not to say what is in his really in his mind but say things just to please people like Dr Gnana

                So do we want our leasers to be hypocrites?

                This is a free country?
                In the meantime, Could you please tell us what are those three leading associations where you got elected as President?

                I am just curious! no offence!

                • 0
                  0

                  Typo errors! 1 just want to correct typo errors in my last comment1

                  Dr Gnana,
                  We appreciate your efforts to build up relationship with all.

                  Meanwhile why not allow others also do so!

                  Allow Sumanthiran to speak freely and openly!

                  Otherwise Sumanthiran will not be open .
                  He will be called a hypocrite not to say what is in his really in his mind but say things just to please people like Dr Gnana

                  So do we want our leasers to be hypocrites?

                  This is a free country?
                  In the meantime, Could you please tell us what are those three leading associations where you got elected as President?

                  I am just curious! no offence!

                  • 1
                    0

                    Srikrish, I have given names of associations before when challenged.
                    1. Srilanka Medical and Dental Association UK (SLMDA) in 2011. It is the leading professional organisation of Srilankans in UK formed in 1982.
                    2. Old Royalists Association UK (ORAUK) in 2012. It is one of the leading old boys associations of Srilankan schools in UK formed in 1983.
                    3. Srilankan school OBAs cricket association in 2013 formed in 1989. It has 32 OBAs as members and conducts Festival of Cricket annually.
                    4. Standing Committee of Tamils (SCOT) in 2014. It is oldest and prestigious Tamil association in UK formed in 1977.
                    I have demonstrated leadership and organisational skills through them.

                    • 3
                      1

                      The piece above by GS reads like a passage from a poorly written résumé.
                      BTW, when he claimed “I am a good example of how to build up relationship with all”, I wondered how many could control their laughter?
                      Good examples speak for themselves.
                      He talks later of “self respect or principles”. A person who uses abusive words against those who disagree cannot be civilized for a start.
                      I had a chat with a psychiatrist friend recently. He said that people who use insulting terms against others probably had suffered such humiliation in their childhood. I wonder who and who would have called GS “fool, idiot, stupid etc.’ early in his life.
                      Any guess?

                • 1
                  2

                  Dr Srikrish, anyone can build up relationship with others, but not at expense of their self respect or principles. Sumanthiran has the right to speak freely as an independent person, but not as a representative of Tamils who elected him on certain policy of legitimate rights of Tamils. Secondly members of TNA are complaining that Sumanthiran is not permitting them to express views freely. Conflict with Wigneswaran arose because CVW spoke about genocide which Sumanthiran did not like. Sumanthiran says that he will continue his agitation for democracy. Has he ever said that he will agitate for legitimate rights of Tamils. In the interview he condemned Tamil armed movement, but justified Muslim suicide bombers. Therefore it is better Sumanthiran resigns from representing Tamils and indulge in matters to please others. I warned Tamils 30 years ago that Prabaharan is acting on selfish motives and is going to ruin Tamils and it has come true. Now I am warning that Sumanthiran is acting on selfish motives and is going to ruin Tamils. Tamils were helpless then but will not be excused now.

          • 3
            1

            SJ I agree with you in this matter

        • 6
          3

          Dr S,
          .
          Please why not you come with the alternatives not just questioning only !. What are the any nother options before the nation while they are caught by a bunch thugs that dont even let the message pass to the grass root level of people today ? Opposition is under supression as no times in the past. Opposition MP Ms Premathilaka was risking her life yesterday – young lady is an asset of the people – as I thought after lisetning to her yesterday.

          https://www.youtube.com/watch?v=8Xv6C1k2OlQ

          Do we have any other options than reconvening of the parliament ?Not only tamil representatives but also all that got elected to parliament should have their responsibilities to fight for the people or not ? Was that not the reality in UK where you spent a lot of your years ?
          .
          I think learnt personalities of your nature should rather raise the questions of that nature – is not that so ? Just stay debating/counter attacking can we achieve anything ?

          • 4
            2

            Leelagemalli, that lady is brave and demonstrating leadership qualities, whereas bigwigs in UNP are missing. They must come out on the street like in Hongkong or USA, get assaulted, arrested and even killed. There is no point in issuing statement to the gallery that I will continue the struggle to protect democracy, hiding under the bed. You do not need to go to parliament to fight for the rights of people other than for personal glory of being an MP. Gota knows that except JVP activists and few hard core UNPers, rest will never come out. If Sumanthiran asks Tamils in north and east to struggle for democracy, he will be abused and asked why have you not organized struggles against injustice to Tamils. I have said in these columns, the best way to hit back is to file action in supreme court to get rid of caretaker government which has no legal standing after 2nd June. Not having a parliament for ever is different from postponing installing of new parliament for three months due to unforeseen circumstances. My advice is be patient, forge unity among opposition and work hard to deny Gota/MR two third majority.

        • 2
          3

          Dr. Gnana Sankaralingam,
          “This is another Sumanthiran gimmick to be darling of Sinhalese.”

          After the court verdict, Sumanthiran said he will continue the struggle to protect democracy.
          I wonder whether Sumanthiran made even an attempt to introduce democracy, let alone protecting democracy when megalomaniac Prabhakaran ruled Elam that was handed over to him by Ranil Wickramasinghe.

    • 5
      22

      Mr. Nathan,
      .
      “Vox Populi, Vox Dei” – “voice of the people” prevailed.
      .
      Voice of the people is not few idiots crying against democracy.

      Voice of the people is not “Hool the Bull” blocking elections.

      • 7
        3

        No you got it wrong again Ms Paqual !!. as always …

        We are always commending Prof. Hoole or any other men that have balls to do the due… but gaping bps would never see it right. No matter race, religion or whatever the barriers are there…
        .
        And It is not the voice of the people but

        vox tantum ei servi. Minime gentium. Nomen autem Dei, folks, surge!

        it is merely the voice of slaves. no means of the nation. name of the god, folks, rise up !

        • 5
          4

          Pasqual, Man of the match is Prof. Hoole. He laid the foundation for victory and richly deserved it. Slimy Sumanthiran tried to snatch the glory from him and has miserably failed, with egg on his face. Prof Hoole has welcomed the decision and said that he is happy that supreme court has upheld the independence of Elections Commission to decide on the date of elections. Just because you hate Prof. Hoole do not make false allegations against him. He postponed elections because it was not feasible to hold it on April 25th. He suggested to fix the date in August and summon parliament in September, which was the rational thing to do, but chairman having promised Gota/MR to have it earlier forced Hoole to agree to June 20th.

      • 3
        0

        prioritization is beyond understanding under brother duo’s rule. may people be blessed with divine forces.prioritization is beyond understanding under brother duo’s rule. may people be blessed with divine forces.prioritization is beyond understanding under brother duo’s rule. may people be blessed with divine forces.prioritization is beyond understanding under brother duo’s rule. may people be blessed with divine forces.

    • 6
      3

      One law is to Southern Thondaman (MaRa) and one law to the people.
      .
      Please watch the video clip below

      It is worth watching it

      https://www.youtube.com/watch?v=T3zNyjo5uJc

      I respect Dr Jaythissa in the VIDEO, he is representing the VOICE of at least 50% of srilanken population. Goter came to power, saying ” one law one nation,but today, it has turned out to be ” one law to MaRa and another law to the people”:

      Not the little justice is served in today’s backdrop – so what more talks would be needed.

  • 2
    9

    Quod non intelligis Praesidem Anglicus simplex. Ergo non potest intelligere Constitutionem. Valorem suum in praedicatione non est ei latine. O inhonesta buggeris.

    • 2
      2

      Hoc asinus vult comedere cacas!!

      • 1
        1

        “omnia vincit amor”… Its universal..

      • 1
        3

        Quam asinus?

        • 4
          3

          SJ,
          .
          Please dont insult our donkies that still do their job well to the people in Chilaw, with its numbers gone up according to the statistics. And I respect donkeys more than any commoners in our hell to be honest.

          • 0
            0

            I did not insult any creature.
            I simply asked “Which donkey?”
            You have to settle the issue with “a14455 “
            Who even mentioned Chilaw?

      • 2
        1

        a14455@

        The donkey wants to eat shit !! what to do, if people do it by their own… ? but as I know not donkeys but dogs and pigs eat shit.

        Et asinus vult manducare stercore !! quid facerent si … populo facere in sui?

  • 24
    6

    Although Sri Lanka is now effectively under a military dictatorship, we bow our heads to the decision of the Supreme Court, as we, in our minds, still believe that we are living in a democracy which may or may not be an illusion.
    The decision of the court is a bit confusing to me as I have not yet read the reasons the Justices gave for rejecting the forward movement of the submissions. To my knowledge, from what I have read up to the time of this writing, the decision of the 5 Supreme Court Judges was not unanimous. Since this is the case its utmost important to at least 46% of the voters who voted against Gotabaya, the Chief Justice should have given the reasons and also should have mentioned how the vote by all the judges were cast. He need not have mentioned the names of the judges, but should have mentioned the numbers that were for or against the decision.
    Secondly most of the arguments, again from what I have read, was based on the point that the Parliament was dissolved and there is no Old Parliament now. If there is no Old Parliament, how come we have a Prime Minister and a Cabinet of Ministers?

    • 3
      1

      At the time of writing the above note I was not aware that the decision of the Supreme Court was a unanimous decision. Now I understand that it was a unanimous decision. Irrespective of that fact rest of my thoughts remain same. I did not mean to mislead anyone.

      • 3
        1

        QUOTE
        Irrespective of that fact rest of my thoughts remain same. I did not mean to mislead anyone.
        UNQUOTE

        Please explain it precisely – I am disspointed not seeing the light at the end of the tunnel regarding any justice. I cant keep hopes about any verdicts again.
        .
        Why do the opposition let their voices be sealed off this way ? They have to fight lot more as I see it. The cases filed against CSN sender is null and void, sand erosion in ML revealed that was an another sand digging related corruption handling with patronage of the rulers, all these happen while people are fighting for containment of covid-spread and stuggle of living.

      • 2
        9

        My dear Buddhist1 ,
        .
        That’s what you all do usually.
        .
        misleading and lying.
        .
        Ask NO ELECTIONS COMMISSIONER.

  • 21
    6

    LOL. We asked for the opinion of the Supreme Court, Not the supreme council of idiots

    • 9
      8

      The Supreme council of idiots are the ones at CT

    • 8
      3

      “We asked for the opinion of the Supreme Court”
      Who are these ‘We”? The Royal We?

      • 2
        2

        SJ,
        .
        dont you think that if petitions should have been immaculate, would not the verdict other way around . I think those petitions were not formulated accurately. This is one of the common deficiency of the opposition. This is common to any affairs in srilanka. They talk a lot but not doing the little enough.

        • 1
          0

          This one on petitions is afterthought I fear. I disagree.
          There are legal points where there is room for ambiguity.
          Law is man made and there is often room for different interpretations. If not, what will lawyers anywhere do for a livelihood.

        • 2
          0

          leelagemalli,

          Once again you are right. The petitioners’ lawyers got distracted by TV discussions. They spent too much time on establishing the parliament’s living phenomena. The simple fact is 70(1) allowing dissolving parliament, same time 70(7) allowing recalling parliament. So here is no need to waste too much time on proving that there is some parliament existing to recall even after it is dismissed. As Sumanthiran explained, yes, recalling parliament is a customs even in the land where parliament is born fist. That feature was present in 1948, 1972, 1978, & 19A constitutions. Further the lawyers should have intended to attach president using 70(1) or 70(7), which are options to president and them his strength. It is worthless to challenge them. The main appeal from petitioners should have been “The parliament, one of the three pillars of the democracy is going to be rendered unnecessary if the current crisis is allowed to continue without SC interfere and stop a new precedent being established. The mistake in 70(1), 70(5) & 70(7) all nested and ingrained failed to protect the parliament, for which all they three were the intent for. The situation is not one time appearance. This can repeat in all future, in all parliament election time.

        • 2
          0

          After this precedent, a parliament reaching its 4 ½ year has become it life or death situation, not optional dissolving and having reinstated within three months. SC cannot depend on President to solve this legal issue. Further, even if this situation is safe with this current president, it is not guaranteed with any future presidents. So SC must stop the precedent being established in Lankawe a government to continue when there is no way to revive parliament, that is no recall possible, no election possible, even if election held, no parliament sitting is possible. So SC must make sure that there is some firm way established for the parliament to reappear in the ruling situation, within three months. Otherwise Lankawe can cease to be republic, but a parliament-less, dictator president ruling.” The lawyers must have pointed in the court that the president was claiming he can spend from consolidated funds to run the country. He didn’t needed additional rules to fight Corona Virus fighting; but used executive orders. These are parliament functions and nobody have any claims on them when parliament was struggling without any way to come back into existence.

        • 1
          0

          The automatic reinstatement, when the election was held back beyond three months, too a distraction for the lawyers. That part I had written here in CT even before the case was lost. The automatic clause cannot appear as a implied clause in constitution as long as the constitution explicitly instructs to the president to make sure the parliament is reconvened in three months. Is there is a sentence like that somewhere in the constitution, when president’s dates were not working, dissolved parliament automatically comes back after three months. President need not to call back it. 70(7) is redundant in that occasion

  • 15
    5

    When you lose, it is painful. However, if you decided a referee to give a decision, then you must be ready to accept it. Otherwise, you should not have gone there. They should have gone to public and ask public opinion at an election. Don’t blame judges when you got unfavourable answer. In presidential election, people gave a verdict. Either respect it or tell people to think again with facts. Don’t bash the winner. This is what you guys are continually doing. as long as you do this, GR is OK. When GR is OK, MR is OK.

  • 13
    0

    This whole process of asking order from the supreme court to nullify election date is essential waste of time. Weather you like it or not there will be no election June 2 nd due to prevailing corona virus epidermic. Sri Lanka parliament is packed with uneducated, uncivilized people who have become rich by unlawful means using there political power. They will confuse the process and waste more public money and and receive life long pension on the expense of public money.
    To get us out from COVID epidermic it is quite sufficient to have a small country manged by the president and the cabinet. However they have shown that they do not care for public sentiment by giving grand funeral for late minister Thondmen. Parliament is not going to change any of these things.
    Corrupts always protect corrupt and no politician in Sri Lanka has gone to jail even though lot of them have substantial cases. For example Ravi living in the penthouse given by Aloysius , Wilmal Weere… living the luxury house where he can’t account for its expenses and so many.

  • 11
    8

    One question in the mids of the International judiciary is jow far Sri Lankan Judiciary id not influenced by politics. What would have been the outcome for 5 judges if the verdict was different? An important verdict given in minute proves that some were standing them with a gun The people demand the reasons before a verdict is given. That was not done., Why Why Why A thousand dollar question Sis they consider the purgery committed by Ramesh

    • 7
      14

      There is no point blaming the judges when they have interpreted constitution correctly and given the verdict.Constitutional loophole allows president to continue without a parliament which the court has upheld. Blame those who filed cases targeting Gota. If you want to win, target the caretaker government which is illegal after 2nd of June.

      • 4
        1

        Siva Siva Sankara,

        I take it you are an expert on Sri Lankan constitution.

        1) There is no point blaming the judges when they have interpreted constitution correctly and given the verdict.Constitutional loophole allows president to continue without a parliament which the court has upheld.

        *** Why not. The Judges are CROOKED. Can you tell me how they interpeted the Constitution correctly when the Contstitution said that a foreigner cannot stand for Presidency. Gotha at the tim of the application was an American and in my book he i still an America.

        2) Blame those who filed cases targeting Gota. If you want to win, target the caretaker government which is illegal after 2nd of June.

        *** Man what are you talking about . Gotha was illegal and a PM appointed by him was also illegal. I know you re a Gotha Lover . Blame those who filed cases targetting Gotha. Where are the Checks and Balances in a DEMOCRACY

        • 2
          5

          Kali again you are proving what Sonali wrote about fools commenting. Firstly you are unable to comprehend simple English. Secondly due to our unstable mind you are coming to hasty conclusions without reading others comments properly.
          1) Read the reason which I have given in my comment appearing second in this list. If you cannot understand, it is your problem. I predicted the outcome on 30th May. Just because your brain is skewed don’t blame judges. About Gota’s American citizenship , what is the date you consider, whether the date on which the applicant submitted a sworn document renouncing his citizenship or whether the date on which due to administrative and other delays, US government accepted it. It is quite clear that Gota had submitted his renunciation letter well in advance of the election, but US government is refusing to disclose the date on which they accepted it. In law there is benefit of doubt given to persons and on this basis Gota was allowed to contest. This is the reason why Sajit P has not filed election petition against Gota. You are a person of low IQ who cannot understand these things. When Gota won, UNP still had the majority in parliament with Ranil as PM. Ask why Ranil resigned without reason and handed over power to MR. Find fault with Ranil and not Gota. How can I be Gota lover when I have called him a murderer and liar.

          • 2
            1

            Siva Siva Sankkara

            You really are SENILE.
            1) Kali again you are proving what Sonali wrote about fools commenting.

            *** You have frightened Sonali off with your complements.
            2) You know three words a) Cant comprehend simple English. B) Secondly unstable) c) President of SLMA
            3) I predicted the outcome on 30th May. Just because your brain is skewed don’t blame judges.
            4) What did you predict
            5) About Gota’s American citizenship , what is the date you consider, whether the date on which the applicant submitted a sworn document renouncing his citizenship or whether the date on which due to administrative and other delays, US government accepted it.

            *** You really are an IDIOT and STUPID Gotha lover. IT IS THE DATE the US State department confirms that you have ceased to be an American Citizen and until then you remain and American Citizen. You need State Department FBI Clearance.
            6) This is the reason why Sajit P has not filed election petition against Gota.

            *** You really are a Moron. Why would he file a petition when his Candidacy was confirmed by CROOKED judges of the Highest Court.
            7) You are a person of low IQ who cannot understand these things.
            *** Thanks Grandad “ ZERO”
            8) When Gota won, UNP still had the majority in parliament with Ranil as PM.
            *** If you go through the archives you will see I questioned it.

            • 1
              3

              Maggot kali,
              .
              So…..
              .
              You are saying “Whole Idiot” lied…..?

            • 1
              0

              Kali the stupid fellow, if there is an IQ test, I will beat you hands down. Problem with you is lack of English knowledge, otherwise you will not ask what did you predict, when I have stated that Judges will go along the lines that I have argued and dismiss those cases. There is no point in wasting time with an idiot.

          • 2
            1

            Grandad Sankara

            Just one question

            You say

            “How can I be Gota lover when I have called him a murderer and liar”

            Only Few days ago you said both Gotha & MR have both Organisational and Leadership Qualities. .

            Can you tell me what kind of ORGANISATIONAL and LEADERSHIP Qualities. a Murderer and Liar will have .

            Sonali is going to disappointed

            • 2
              0

              Kali again you are demonstrating your stupidity. Leadership and organisational qualities could be used for good or bad purposes and have no bearing to murdering or lying. Good example is Hitler who demonstrated leadership and organisational capabilities but killed people and told lies. You need psychiatric treatment as you are suffering from mental imbalance.

      • 0
        0

        Dr . There is no provision in the constitution is saying a three months passed care taker government is illegal. When the parliament is dissolved care taker government comes into existence with the existing Ministers. It will continue until the next election is held. It becomes dissolved once the election is concluded. The important Financial matters can be taken care by President based on 150(3) for another three months. By that time new cabinet $ new Parliament must have thier Budget or vote on accounts passed.

  • 13
    4

    As for me this is the judgement that I expected will take place as the 5 member bench are not real straight forward nen who have sold their marbles to the rajapuka s.
    I am positive that the election will be held on the due date and if they even after rigging I mean cheating like what they have already begun doing so they either lose or do not get the much needed 2/3rd majority the full force of a military dictatorship should and will occur.

    At least now the brainless idiots who voted for the kallathoni war criminal should without shitting and sitting on their brains should vote enmasse for the opposition parties to preserve the concept of democracy.
    M
    Let’s hope that even at this late juncture sanity will prevail on the part of the sinhala voters and as for me I just do not know what they see in this hora boru rajapuka clan and their fellow goons.

    • 2
      2

      The next answer to the verdict is the verdict of the people. It is supreme. In the elections, all communities should ensure that Rajapakse does not get a two-thirds majority. If Sri Lankan voters of united can easily do it. The new parliament should strip the Presidnetsl authority and reviae the Judiciary and the constituion to meet tan emergency situation just like COID19

      • 1
        2

        Mr. Kuviyam,
        .
        “”verdict of the people. It is supreme””
        .
        Yes.
        THE PEOPLE have given their VERDICT three times for the last year.
        It is YOU who is not ready to accept
        THE PEOPLE’s VERDICT…..
        or
        CONSTITUTIONAL VERDICT…..
        or
        VERDICT of Judiciary.

        • 1
          2

          A view from the embryo.
          .
          What happens in a lifetime of sin is a sight
          He will return the sin that you came to
          Correct the mistake you made in it.
          See if you can
          If you can’t think, write
          See if you can’t write
          If you don’t have fun, share what someone else says.
          If that is not possible, close your eyes and look
          If that is not possible, look for the other person’s good deeds
          Learn from it and live for others. If that is not possible, your musket will drag
          If you can not, then you should leave this world!

          • 1
            2

            Translation is not quite right.
            But you know the real correct meaning.

      • 1
        0

        Kviyam,

        turn out to the polling booths would be not even 20% … so it will be easier for them to declare as landslide victory for them because the opposition is locked down and they are not given equal chances. So the consequences would be an another insurgency in South and North. So instead of getting a 2/3, they would fall the poor from frying pan to the fire, as no seen before. That will be case, with all the financial burden converged due to Rajapakshe-debts over the years – this was named as one of the hard hit years after a long time… debt payments would be over 5 billions of US dollars .. with the prodcutivity drastically going down, how can one with some sanity ever make hopes for an another fairy tale ?

  • 14
    9

    SL has no parliament, people have no fundamental rights and no Court. Only a dictator!

    Prof. Hoole is the only hope for the failed nation.

    • 6
      2

      “Prof. Hoole is the only hope for the failed nation.”
      Are you serious?

    • 1
      0

      JVP Dr Nalin Jayathissa, says, the current govt is unconstitutional. .. and they tend to rule the nation without leaving the rights to the parliament as sworn in 6 months ago.
      :
      That should be a crucial statement which is reflecting 100% of the today s situation.

  • 2
    1

    Five justices sat for 10 days to decide only whether to grant leave for the case or not. There are 800,000 cases are pending in the Island. Still the problem opposition tried solve is still outstanding. As there is no verdict, aggrieved party don’t know what their next option is. Opposition attempted for a negotiated settlement by promising not to contest government spending bill, but agree to approve it. It recognized the authority of the president that the called back parliament can be dismissed as soon as Covid-19 matters and financial matters are attended. President improperly palms offed election date fixing matter to EC to escape from the responsibility to see parliament is not staying functioning beyond three months. EC can only fix the date to election while President needs not to fix any date to restart the parliament. President simply determined not to work with the old parliament, though Ranil had voluntarily resigned from PM position. President if hey was ordered by reconvene the dismissed parliament temporally, he will disobey or call and dismiss immediate. Many legal observed tend to think president is self-appointing him as the dictator of the country. But the Court simply refused to hear the petitioners. Let us look at what problems we now have because this case is not granted leave.

  • 1
    1

    1).President withdraws him, himself from being a party in holding up the democracy by ensuring the parliament is functioning. Basically Court has not told the president to act in an inaction time to uphold the democracy. So all the power vested with the Executive President is only for his private optional use; he cannot be compelled to use for the betterment of public.
    2).The constitutional celling of how long the parliament can be out of office is abolished by unconventional procedures. Court was not willing bringing some ceiling, at least until a recalled parliament to work on this constitutional crisis. An injunction served on the dissolution, until the recalled parliament work on a special assignment on the order of court order on the question of how to resolve the crisis and conduct the 2020 election and debut the new parliament, might have solved the problem where same parliament earlier missed to fill up this gap in 19A.
    3). A. If the reelection takes place, Can the president use the results to his personal benefits rather than for Public benefit? Yes, If the election results are not satisfactory to him, he can postpone parliament meeting, so he can keep the opposition parliament impeding his dictatorial actions.

  • 1
    1

    3). B. If he gets 2/3, he can preserve this legal situation as it is, but can change the 4 ½ year restriction to one year, as was before the 19A. Then he can simply dismiss the parliament and run the government without bring back parliament, or fixing an election date taking precedent from current example.
    So the Court’s refusal to grant leave to forward the case has opened opportunities for President to run the government without parliament forever.
    For Tamils, the people’s word has not been the god’s word. Them, it was only Rapist Army and police words have been the God’s words. Sinhala Jury Only Verdict is a familiarized situation in their life. There were five judges. No Tamil or Muslims. But appeared lawyers were from all three communities Too disappointing.

  • 5
    0

    At the very start once the lawyer for election commission SALIYA PERIS Dcleared the position of the election commission the learned JUDGED HAVE ALREADY DECIDED TO THROW OUT AND DISMISS THE CASE. They the judges took all appealing lawyers and the public for a ride and eight more days of the supreme court for a legal merry go round just make the public to feel they are giving due consideration of the appeal.waist of time of supreme court staff and police.

  • 3
    0

    Nothing new ??? Didnt a lawyer say “Holy men doing a unholy (or was it vice versa ) job ?????? Now I guess , people have to wait to hear the “VOICE of GOD” . As mentioned before, regardless of Constitution, Elections, SC, EC or the Gods ” Rajapaksas are here to stay”, because they represent all of the above.. Long live democrazy .

  • 6
    1

    This brilliant lawyer who I engaged to appeal to Supreme Court for permission to appeal against a judgment obtained by corrupt means to legalize a daylight robbery chickened out and let him be treated like a tadpole by denying his application by a bench of corrupt judges like an egg on his face. It sure proves that we live in a bipolar world. The Justice System in Srilanka is an utter failure.

    • 4
      3

      Sorry if you expected a different reslt from the kangaroo court.

      • 3
        0

        Is it a kangaroo court when its verdict not to one’s liking.
        *
        I would have liked a different outcome.
        But we have not reached the stage of kangaroo courts yet.

  • 1
    0

    In any case the SC appeal would have been a waste of time and resources. If the SC decided that the original dissolution is ultra varies as the new parliament can not be summoned by June 2 and the old parliament has to be recalled, Gota could have dissolved it again immediately and set a new date for the elections as its 4&half yr period has already lapsed. The SC surely has no powers to say that it cannot be dissolved again till such and such. So why was all this fuss made?

  • 2
    4

    Neither the main article nor the comments disapproving the judgement help anybody, democracy or the legal system.
    Desired outcome for one party is Vox Dei for that party.
    All I hear above is Vox Devil ( if that is the correct Latin)

    Soma

    • 1
      4

      Soma, Pax Vobiscum. The correct word is Vox Diabolus.

      • 4
        2

        I would say that Vox Diabolus is not a word, but a two-word phrase.

      • 1
        0

        Thanks, Dr G.S.

        Soma

  • 1
    1

    Constitution is not like religious texts. It is manmade and is not static but dynamic and flexible. It grows over a period.

    It need not be a word-by-word interpretation.

    The concept of doctrine of necessity runs through it.

    The context is important

    We have to look at the judgment delivered in this context and then find them very practical, relevant and user- friendly

    • 1
      2

      Srikrish, not only constitution but also laws are man made. For that matter religious texts are also man made. As per your argument if constitution need not be a word by word interpretation, then that applies to law also. Imagine the chaos if people begin to interpret laws as they like. Are you aware that UK does not have a written constitution.

      • 0
        0

        Dr Gnana,
        I am sorry if my comment was not clear.

        What I meant was religious texts are supposed to be given by God and hence they are rigid, Whereas you cannot say everything in any constitution, it is a short summary of most important things.

        That is why we go to courts for interpretation.
        When interpreting court has to be clear about the context also

        What is the context in this case?

        1 Gota was elected President with massive majority only a few months back
        2 Country is faced with Covid-19- a pandemic.
        3 The Parliament did not cooperate with the government just before the dissolution in Feb 2020 when the government brought in supplementary bill to votes of account.

        • 1
          0

          Srikrish religious text are marketed by makers as God given as otherwise people will not believe them. Constitution like law are not perfect, and any loopholes which are encountered are plugged subsequently by amendments. Court can interpret what is there and helpless about loopholes which lawyers take advantage of. It is the duty of lawyers and police to lead court with factual and legal points. Decision is made in lower courts on point of fact and in higher courts on point of law. In Supreme Court they have done accordingly. Nothing you have stated above has context to this case as they were not challenged by petitioners. There is no election petition against president, courts have nothing to do with the pandemic and non co-operation of opposition has no bearing in the dissolution of parliament done according to the constitution. This is why Ranil W has said that UNP, JVP and TNA did not file action, which exposes Sumanthiran who has acted on his own for personal glory and not for benefit of Tamils.

  • 6
    1

    Vox Populi, Vox Dei. And Voice Of The Supreme Court

    These are fancy words in Gotha Lanka and they don’t mean anything and it is a Joke these so called eminent Judges and Lawyers wearing theses Wigs looking like Clowns. Sri Lanka is a Lawless Country. There is no RULE OF LAW ,, NO DUE PROCESS.. The day Sri Lanka became a lawless Country was when Gotha declared his candidacy. Let us look at the evidence.
    1) The Sri Lankan Constitution says quite clearly that a Foreigner cannot stand for presidency.
    2) But Gotha was and in my book is still an American although we have been presented with Forged Documents such as Gotha has expatriated which was taken out with an hour.
    3) The Crooked Judges fearing Gothas Presidency ruled in his favour saying that as soon as an application is submitted to renounce you become eligible. It amounts to saying the moment you apply to a University you can enroll without sitting for an exam and waiting for the results.
    4) In my book Gotha has no Legal or Moral right to be President and so is the PM ( MR) appointed by a CRIMINAL

    • 1
      1

      Kali the swabasha educated village moron, whether you wear a wig or not you are a clown. These may be fancy words for you but not for literate people. How can one expect you to know Latin words when you cannot understand English. These are words taught to us when Latin was a compulsory subject for three years at Royal. The dis-articulated way you are commenting shows that you are mentally deranged.

  • 6
    5

    The country owes a debt of gratitude to President’s Counsel M.A. Sumanthiran for his services in the cause of maintaining constitutionalism and democratic values in Sri Lanka.

    Be that as it may, it is my humble view as a non-legal person that Sumanthiran as per the ‘summary’ of his submission to the Supreme Court as articulated by N. Lohathayalan has OVERSTATED the following assertions:

    1) “The traditions of the British Parliament are established as law in Sri Lanka.”

    2) “British traditions have been internalized to our Parliament.”

    This is in view of:

    1) As opposed to our ‘Parliament’ which is a stand-alone entity, the ‘British Parliament’ is officially known as ‘Queen in Parliament’ and “consists of the Sovereign, the House of Lords and the House of Commons.”

    2) The Queen’s “duties” include “granting Royal Assent to legislation”

    Ref: ‘Queen and Government’ https://www.royal.uk/queen-and-government

    The views of constitutional ‘experts’ such as M.A. Sumanthiran and Nihal Jayawickrama will shed light on this matter.

    It is axiomatic that “Eternal vigilance is the price of liberty” (attributed to Thomas Jefferson)

    Amrit Muttukumaru

    • 4
      1

      Wikipedia says: The Queen-in-Parliament (or, during the reign of a male monarch, King-in-Parliament), sometimes referred to as the Crown-in-Parliament, is a technical term of constitutional law in the Commonwealth realms that refers to the Crown in its legislative role, acting with the advice and consent of the parliament.
      Not quite the same as “‘British Parliament’ is officially known as ‘Queen in Parliament’” I suppose.

      • 0
        0

        Lankawe parliament is junior and inexperienced compared British one. By adopting this way, many unforeseen crisis can be resolved by investigating if it had, how British parliament behaved in similar situation.
        This was only an escape route for draftsmen, but not a rigid answer for any constitutional crisis. After all British system is not rigid at all.
        So this caused problems in October 2018, if Lankawe parliament has to stay inline with British system, where the majority has to be established by prime minister to accept the appointment as PM, how a president appointed PM can do this. That is because of Lankawe system is not appointing highest MPs party leader as PM, but any candidate President thinks who has the parliament’s confidence. The word confidence, again, interpreted as majority, which is matching with Britain. So in Oct 2018, Old King was asked to show majority. He tried Donkey Trading to plug out more UNP & TNA MPs. Still Old King could not show the majority. Ruling alliance forced through three NCM, though Ranil was slacking. Old Rowdy Refused to resign and President, who the White Flag Murderer, refused to remove him. So it turned into an additional problem on the system rather than a solution.

        • 0
          0

          Please read the above comment after the comment following.
          Posting error – Sorry

    • 0
      3

      Mr. Muttukumaru’ s question is not very much pertinent here on the issue Sumanthiran PC raised. Sumanthiran was very specific about parliament. In Lankawe the power is separated, but in UK, Queen delegated the power to House of Common and House of Lords to act for her Majesty. The 1978 draftsmen looked for a frame work to Lankawe Parliament. So they quoted the frame work will be mixed, so any unwritten part will be resolved from the modality of British parliament. When they were writing they embedded directly anything that matches from British parliament’s traditions. This simply does not mean only the procedures, but even the words and sentences are taken from there. But none of the above two borrowed traditions will be relevant to Crown or House of Lords, though some of the functions of those two entities are similar to President and Supreme Court. This is not surprising because Soulbury Constitution rewrote Queen in Parliament as Governor General in Parliament. Then 1972 constitution just changed it into a republican constitution. 1978 modified it as President-Parliament- SC based constitution.
      That is why the draftsman added to refer British parliament to any conflict resolution as it is the mother of all parliaments. The idea behind that is, the British parliament is functioning at this advanced format for more than 300 years and has reached a very stable status.

    • 0
      0

      SC was approached to force him to accept the NCM. He was refusing to accept any legal justifications, but trying to depend on Rapist Army.

      Finally IC got involved and requested him to resign if he has no majority. At last the CoA’s injunction forced him to leave. In reality he got out only fearing to IC, not for CoA. In Jan 2015 Ranil and in December 2019 Old King did not had the majority to lead the parliament. But with internal agreement their PMship was accepted by the parliament without any NCM. That is not British Tradition.
      As I said at start Sumanthiran is not referring to the differences or similarities constitutional structures. Rather he is trying to point a methods prescribed in 1978 constitution to resolve some problems. What he mainly saying is as many traditions of British parliament was purposefully took in, and it is also said to use it as the model to resolve conflicts, he was telling the court to use British Parliament’s tradition to current crisis, which was created by 19A. There the tradition is, when a parliament was missing at a needed time, the dissolved parliament returns to office.
      So the differences between in Queen-in-Parliament system and Parliament-President-SC is irrelevant for Sumanthiran’s argument. What counts here Lankawe Parliament is modeled from British Parliament (House of Commons)

  • 1
    1

    Even Caesars wife must be above suspicion is a famous quote, applicable to our Supreme Court.

    Judgement has been given and that too unanimously. I am not competent to comment on the constitutional issues involved, but the submissions of Sumanthiran are indeed very cogent. Lets not look at this as Tamil or Sinhalese but the Principles involved as a whole.

    As the events unfold, slowly but surely, one cannot exclude the possibility of the Judges reflecting in retrospect of this historical judgement.
    After all, it was not a long time ago when EX: CJ.Sarath.N. Silva regretted his judgement in the Helping Hambantota case, in retirement and publicly. But then it was too late; The Dam breached and many a citizen had to pay the prize.
    Pastor Niemoller paid the prize for his indifference during the Nazi Regime in Word War 2.

    • 0
      0

      ” Judgement has been given and that too unanimously. “
      If you tell a Thamily selling guy or gal on the road that the 70 years of parliamentary tradition is being violated and the Country’s democracy is in danger, he/she will ask you Mattaya Mokkatha Kiyanne? This educated top level Justices, when 10 or 12 PC lawyers said Democracy is in danger, replied they need to hear about that; but hut to bugger off from the Court?
      If they don’t want to listen to a constitutional case, what they want to do? What kind of irresponsible, negligent behavior is this? Why could not they listen to the case and take a decision? They thought all the lawyers went there were bunch of Buffoons like Buffoon de Silva?

  • 0
    0

    Can any of you ‘highly knowledgeable guys’ explain my question: If the SC ordered that the old parliament should be reconvened -what is there for Gota to comply and the next day dissolve it again and set the new date for the election? everything legal then?

    • 1
      1

      Rationalist you are absolutely right which pundits are unable to grasp. This is why I say that Prof. Hoole is the man of the match. Initial mistake was done by president. As election could not be held on 25th April, when election commission asked him to fix an alternate date, he should have fixed a date in end of May, so that new parliament could be still installed on 2nd June. Instead of that, on wrong advice he put the ball back in the court of elections commission. Prof Hoole seized the opportunity and smashed it, by fixing a date which has led to constitutional crisis. Had the president fixed a date at end of May, and when that was also not feasible, he could have withdrawn his decree, summoned told parliament and dissolved it the next day, fixed date for election in end of August and installing of new parliament in early September. This would have been perfectly within constitution. Now though court has turned down recalling of original decree of dissolution and reinstating parliament, mandate of caretaker government formed by members of dissolved parliament ends on 2nd June and become illegal after that. This is where they have to attack.

    • 1
      1

      If the verdict was the way you suggest, the SC also would have said some more about other relevant issues.
      However, reconvening will have an impact regardless of dissolution once again.

    • 0
      0

      There are many problems, some are latent. If the court had heard the case, some light might have been shed on those. Now only thorough constitutional experts can discuss the theoretical question you are asking.
      Now also there is nothing president doing is illegal. That is the reason SC refused to hear the case (The reason is not in the media). By the “Crisis” what is meant is President is functioning beyond 3 months without parliament. S 70(1), 70(5) & 70(7) are there only to make sure that government will not functions more than three months without parliament. These provisions failed to achieve this object. The legal draftsmen at that might have left it lose like that to avoid directly creating (Ordering) a duty to president. So they might have circumvented it by giving it like as an option. Now, President refused act on that (recall parliament when 3 months lapsed) claiming it is only an option.

    • 0
      0

      A president can’t be punished unless if fundamental rights are being violated. He is immune to all other mistakes while working. President may have to act if he was violating the fundamental right, to ease the pain of the affected party. Here that part – violating fundamental right- is not established at court. Everything went on hanging status because court did not hear the case. If the Court had heard case, still it cannot order president to call back the parliament. It is not sure if an executive president can be ordered to do things like that, even if there is provision to do that. So far it is not fully challenged, if the Court can interfere into his works in any manner. It’s one of the reason in Oct 2018 all the political parties went to quo warranto. In that, president is not sued. In none of the current, 8, cases President is respondent. Then how the Court is going to directly addresses to him? Beyond all these, the Doctrine of Necessity is there to protect president. He can use the covid-19 as excuse. He may want the parliament stay out until he finishes controlling corona.

    • 0
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      So if just for a word, let us say something is illegal there now and if it can be resolved Court asking EP to call back the parliament and he call it and redo the dissolve.
      Then again there are lots points need to be checked. The only reason a parliament has to be recalled within three months is to protect Democracy. In that situation, even if President is not functioning as a dictator, that is not enough; he must function in cooperation with parliament. He has spent his whole pocket- three months’ time- without parliament. So cannot function anymore without parliament. In that situation, he cannot hire and fire parliament with the intention of continues to function without parliament. In Law, you should not design indirect methods to achieve anything you cannot do directly, it. As this only theoretical situation, not discussed in Constitution, we cannot say how long he has to work with parliament to earn back his currency, i.e another three months. 70(7) say he may let the parliament to function until the emergency is over. That will not apply for our theoretical situation. So just for a word, we can say he may have to let the parliament continue until the election is over or until it finishes its term, 5 years, whichever comes first

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    Sri Krish, religious texts are god made, when and where. SL constitution is god made too and thus supreme. It is funny our guys talk of democracy, human rights and freedom of expression. You just try and see and wait for the outcome. I agree with Dr Ken and his rational and realistic stand. As a country SL has lost all forms of humanity and decency. It has gone back to Kasyappas time where lawlessness and back stabbing was the law of the land. Sumanthiran is just a bum sucker and no doubt about it.

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