By Kumar David –
Prof. Kumar David
I will not waste my ink reigning curses on the heads of madmen; millions are doing it. I will dwell on the Elections Commissioner’s (EC) dilemma. He seems to have asked the Supreme Court (SC) to rule on constitutionality; if so the following are possible scenarios.
1. The SC refuses to get involved (ducks making a clear-cut ruling). EC should then go ahead and hold elections as instructed. He absolutely should not do anything that can be used by the madman as an excuse for replacing him by some slime-ball sycophant.
2. The SC gives a determination. I can think of three options.
a) It holds that the dissolution is NOT unconstitutional. An incredibly bad judgement but nothing is impossible these days when all about us are losing their heads. In that case EC must go ahead and conduct the elections and do nothing the madman can use as an excuse to replace him by a slime-ball as explained above.
b) The Court holds that dissolution is unconstitutional. We are back to square one. Mahinda Rajapaksa, if he has any cunning, should resign forthwith; put all the blame on Maithripala Sirisena for misleading (sic!) him (“The madman informed me that 113+ MPs wanted Ranil to be replaced by me”). Ranil on resuming office should, in consultation with MR (needs 2/3-rds), dissolve parliament and hold fresh elections. After the madness of the last 2 or 3 weeks this seems to be one smooth way out.
c) SC holds that dissolution is unconstitutional but in view of what the madman has already done the status quo prevails and it is not possible to return to the prior pre dissolution status. The Court instructs EC to conduct elections; EC should comply.
These are legal niceties but what is far, far more important as I have been insisting for two weeks is mass mobilization. We don’t know what the madman will do next. Will he try to use the army; lock up Karu, Ranil and possibly even MR; declare Emergency after inciting anti-Muslim, anti-Tamil communal riots? Nothing is impossible; only a vigilant and mobilized populace can limit the damage being done by this lunatic.
Champa / November 10, 2018
The dissolution of the Parliament is an absolute violation of the Constitution on top of the coup recently orchestrated and then made MPs defected through horse trading.
First thing, this gazette has to be get annulled.
Otherwise, every time Sirisena doesn’t have the majority, he will dissolve the Parliament!!!!!
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Kumar Paran / November 10, 2018
fao Professor Kumar David
If the Supreme Court were to give a verdict on the dissolution of the Parliament, I am confident that they would rule that the President has not acted within the Constitution in this regard. I say so because the 19th Amendment states the following, and I quote:
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“Article 70 of the Constitution is hereby amended by the repeal of paragraph (1) of that Article, and the substitution therefor of the following paragraph: –
“(1) The President may by Proclamation, summon, prorogue and dissolve Parliament:
Provided that the President shall not dissolve Parliament until the expiration of a period of not less than four years and six months from the date appointed for its first meeting, unless Parliament requests the President to do so by a resolution passed by not less than two-thirds of the whole number of Members, including those not present voting in its favour.” – Unquote
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Here is the NINETEENTH AMENDMENT TO THE CONSTITUTION Printed on the Order of Government [Certified on 15th May, 2015] and is currently available for all to see on the Sri Lanka Parliament website. Please click at the link below:
http://www.parliament.lk/files/pdf/constitution/19th-amendment-act.pdf
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TONY WATERS / November 11, 2018
If the government of Sri Lanka is again to be run as a shameless kleptocracy, mainly to benefit the first family, the Chinese may have something to say about it, as would any other major creditor.
By the mid-1980’s, it was clear that the Chinese loans made to build freeways, an international airport, a vast south-coast port, and other major projects, would not be repaid on time, or even close. What they did about the unpaid loans for the port, they did with, or without, irony. That land along the coast abutting the port, and all of the port itself, were leased to the PRC for 99 years, after which time it shall return to U.K. ownership and custody.” But until that time, it would be Chinese domestic territory subject to Chinese law.
Hong Kong Revanche!
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nalmen / November 10, 2018
our only hope lies in the saying those whom the gods wish to destroy they first make mad
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Real Revolutionist / November 10, 2018
nalman
It’s quite visible, see the way RW is behaving.
God wish to destroy those who looted country’s main economic center.
Now clung in to official residence of sb else.
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Rajash / November 10, 2018
What Next After Shitisena Shits On Sri Lanka
……well well Rtd. Lt. Reginald Shamal Perera….here is your chance to print the constitution and use it as toilet wipe shitsena’s bottom…..it will be all squeaky clean and Sri Lanka moves on….
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Rajash / November 10, 2018
….use it as toilet paper to wipe……
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Anonymous / November 10, 2018
Time to petition the UN to send in troops. No way are we going to allow this Rajapaksas Criminal Cabal take our country into a Dictatorship again.
We need international intervention to stand by our legitimate government and oust this illegitimate terrorist Sirisena Rajapaksa dictatorship…
#UN. #CoupLk
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Trumper / November 11, 2018
UN does not send troops without a resolution okayed by the Security Council./ That too only to conflict zones. Stop being dramatic or stupid or both.
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critique / November 10, 2018
I do not agree with MS all what he did so far. I think finally, he acted on the basis of Intelligence reports. He might have dissolved parliament for many reasons.
it could have been for fear of losing the majority for MR..
It might have been done it to avoid any clash between UNP and Mahinda supporters..
if it is done to avoid blood bath. it is a good thing to do..
After, we have lost our reputation .. we do not want to lose more.
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Rajash / November 10, 2018
the parliament was dissolved by the shameless cunning shitsena and Mahinda duo as they got insider information that they will be defeated in the parliament when it’s reconvened as planned on the 14th.
so …what is the status on the illegally appointed PM and Ministers now the parliament is dissolved!!!
do they carry on until the election?
so the country is going to be ruled by an illegal cabinet?
how much will the Rajapakses swindle in between now and the election….this time he has to give a
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Rajash / November 10, 2018
……this time he has to give a cut to shitsena”
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Dr. Dharshana W / November 10, 2018
Holding a general election to test the mandate of the people should be a core requirement of any democratic constitution. Not being able to hold election for four and a half years after a government is elected is a clear violation of the core values of any democracy.
No politician should be afraid to face any election at any time , since they are the representatives of the people. If the majority of the people does not want any member of parliament to represent them in any government, he/ she should respect the word of the majority and act accordingly.
No parliamentary/ any other representative of the people should hold on to their positions against the will of the majority of his/her constituency.
In fact the struggle in many countries including Sri Lanka was against the postponement of several local government elections. The People of Sri Lanka should be happy to exercise their franchising right to elect the most eligible member of their community to represent them in government.
Thus in my opinion, no representative has any moral or ethical right to protest against elections being held to verify the “voice of the people”.
Some might argue that there is no constitutional provision to hold a general election until 4 1/2 after the government is appointed. My thinking is that this particular clause was included in the 19th amendment just to appease the 60 odd first timers in Parliament and thus for them to say “”aye, aye” to the 19th amendment as a whole so as to obtain the 2/3 majority.
Although I also was a major campaigner of the “common Alliance “during the 2015 general election, ( I was the project Manager of the team that designed the payment gateway of NMSJ with Messrs Abrew, and Sisira Jayakody), that enabled them to receive foreign funding without being detected by the CBSL.
I take this opportunity to also mention that the claims of Prof Sarath Wijesuriya of being a founder member of the NMSJ is bunkers.
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Ajith / November 10, 2018
What a joke from Dr. Dharsana?
It is true no one should be afraid of elections but people are concerned and afraid about the elections because there are very rich people in this country are prepared to buy people for money as they they bought the MPs they elect. What is the gurantee they will remain in the same place as they were elected for. What is the gurantee that President will not dissolve the parliament if he does not like that party or party’s leader. Why can’t we have both presidential election and parliamentary election together or presidential election first and parliament election then? Why the election should be held on 05th January 2019 instead 05th of July 2019 or January 2020?
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Vetmahadeva / November 11, 2018
Dr. Dharsana
Elections are held to obtain mandate for a certain period for certain people, that is the halmrk of
Democracy, it is not holding just elections, elections , whoever wish it at anytime. Hence it also necites defending the period of mandate through unbiased Judiciary and other Democratic system. If you’re not prejudiced you will understand, not otherwise.
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Native Vedda / November 10, 2018
Dr. Dharshana W
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“Not being able to hold election for four and a half years after a government is elected is a clear violation of the core values of any democracy.”
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Let me get this clear.
Do you want elections held every other day?
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Rajash / November 10, 2018
Native – the irony is that the Sinhala modaya electorate will by this type of rhetoric…
guys like these know this very well….. that they can easily fool the people…..
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Sarrij / November 11, 2018
Dr D W
Agree, let the people decide.
The present constitution is not democratic at all; it’s a spur of the moment political stint with ulterior motives.
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Taraki / November 10, 2018
Nalin Perera, the Chief Justice, was installed on 12 October 2018, just a few days before Sirisena’s ‘coup’. Can anyone doubt that the court will choose option A?
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Dr. Gnana Sankaralingam / November 10, 2018
I am made to understand that CJ had submitted a nine page report stating president cannot dissolve parliament at this point of time. I am also told that Attorney general verbally told MS that he has no authority to do it.
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FRed / November 10, 2018
If the speech the CJ made at the time of his appointment is a pointer, we can expect him to act with integrity. I don’t think he will be another Sarath Silva. At any rate, I hope not.
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Ajith / November 10, 2018
Taraki,
You are right it is a well planned coup long time back.
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Native Vedda / November 10, 2018
Ajith
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Is it possible to execute a perfect murder?
There is no such thing as perfect crime, as such someone somewhere has to pay the cost.
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Agnos / November 11, 2018
The Chief Justice cannot act on his own; there has to be a majority of justices to support any decision. But given the politicization of the judiciary that started a long time ago, but worsened during the Rajapaksa regime, there probably are still many pro-MR/MS Justices on the Supreme Court. So it isn’t clear if the SC will act to uphold the constitution.
Dissolving parliament while the newly appointed cabinet has not proven its legitimacy is a blatant coup that cannot be allowed to happen. It allows the illegitimate cabinet to stay on till the elections and abuse state resources and power. The public should take to the streets, and all the coup plotters and participants should be held to account one way or another.
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Sinhala_Man / November 11, 2018
Chief Justice Nalin Perera has to retire on his 65th birthday which falls on some day in Feb. 2019.
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So, there can be no question of “security of tenure”. Other considerations are possible, of course.
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Niyaz / November 10, 2018
I have read holy books there are many verses which should be read full if we take out of context the meaning and interpretation differ likewise the our constitution after the 19th amendment we must read the full text to understand ifnot you get the interpretation of your whims and fancies so my view is parliament dissolving is unfair and unjust it exceeds parliamentary powers for this unfairness court will give the honorable verdict
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Eagle Eye / November 10, 2018
The same guys who were blaming President for not using the sword now blame him for using the sword to chop the head of the guy who robbed the Central bank, who brought his Samanala buddy from Singapore to rob Central Bank and allowed him to escape, who tolerated UNP MPs taking bribes from Arjun to cover up Bond Scam, who robbed EPF, who robbed ETI, who sold Hambantota Port, who sold Mattala Airport and several national assets, who pushed for a Federal constitution, who signed Free Trade Agreement with Singapore without Cabinet approval, who once signed the CFA with terrorists without the approval of the President, who tortured and killed thousands of Sinhala youths, who was behind the assassination of his political opponents, who was behind killing hundreds of Demalu in 1983, who was behind burning of library in Yapanaya etc. etc. etc.
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Ajith / November 10, 2018
Eagle Eye,
The blame is not about using sword against to who robbed the Central Bank but bringing back the one who robbed the whole nation.
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K.Anaga / November 10, 2018
This act might create a precedent , if not challenged by the people. How can you trust the Supreme Court when it is under the thump of the president. Even if the courts rule the dissolution as unconstitutional what is there to prevent the president ‘dissolving’ the courts and becoming the’ Monarch of All He Surveys’. Mass agitation is the only way out it looks.
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Bobby Pereira / November 10, 2018
“Only a vigilant and mobilized populace can limit the damage being done by this lunatic.”
My foot.
This womaniser Goomar David was a teacher in Hong Kong Polytechnic. Now he calls himself a professor. From poly days, Prabhakaran was his idol. He is angry with MR for killing his Sun God. Now he is angry with MS for ruining his last hope of getting Eelam through RW. But Goomar is doing one thing right. Masquerading as a socialist. Don’t be fooled. This bugger is a thick Kotiya inside out. Mobilized populace for Goomar to achieve his Eelam?
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K.Anaga / November 10, 2018
Bobby!
it is a pity that you descend to the level of street fights, calling names instead of meeting the arguments. Despite the floods all over the country there seem to be a ”drought” in your head for ideas..
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Doug Wijendra / November 10, 2018
To add to Bobby’s accurate reading of this pseudo-professor’s behaviour, look at the language he is using.
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He is not fit to hold the mouth under when President Sirisena is doing what he describes!
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Eagle Eye / November 10, 2018
I can’t understand what is wrong with Americans. In a practicing democracy, people are above all others. When there is a political controversy, best option is to get the verdict from people. After the President decided to go for an election, Americans say they are concerned about holding election. These dumbos were not concerned at all when Ranil kept on postponing elections and denying the democratic rights of people. This is ‘Height of Hypocrisy’.
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Estate Labourer / November 10, 2018
“I have been insisting for two weeks on mass mobilization …….”
With characters like those Muslim politicos who went on a pilgrimage to Mecca at the most critical moment, just when there was the greatest need for their support by those fighting to defend democracy, how can you expect people to mobilize and protest against these despots? Those politicoes have clearly demonstrated their inability or unwillingness to adopt a principled stand in respect of this blatant act of political terrorism. They did not wish to get into anyone’s bad books because they wanted to keep their options open in case the evil guys prevailed in the end.
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Old man / November 10, 2018
Kumar David talking out of his rear end (amplified by the title of the article). The elections commissioner as an individual no longer has the power to do anything he did in the past, post the 19th amendment.
The power is with the Elections Commissioner.
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Old man / November 10, 2018
That should read Election Commission*
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Dr Dayan Jayatilleka / November 10, 2018
I thought this Prof…and not Prof Sarath Wijesooriya– was the genius who fathered the ‘single issue presidential candidacy’, and thus Yahapalanaya?
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Ajith / November 10, 2018
Ambassdor of £500 deals is a professor? Coup master planner?
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Rajash / November 10, 2018
Dr Dayan Jayatilleka – I am sure you are learning how the Russian communism works and how Putin dictator ship works and passing on the tips to Shitsena. Thats whay he posted you there?
so what is his next trump card?
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SJ / November 11, 2018
R.
“…how the Russian communism works and how Putin dictator ship works….”
When did you last read any news about Russian government?
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Mallaiyuran / November 10, 2018
Not a biggie. Just a minor slip in Jan, 2015. When his CC comes in , in January 2019, he will have his dream job of Austrian Ambassador. Then he will be recovered from all the disappointed of not being selected as the MFA yet.
Sorry to tell, but even in his next birth, Prof. Kumar will not have ability to understand what or who the species called “Sinhala Intellectuals”. He is going to come out with more CCs if even as many times as fall from pan to fire, in those efforts.
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Raj / November 10, 2018
I have no legal knowledge to understand the SL constitution. I expect the constitution was drafted with the consent & approval of the highest legal minds in the country after giving due consideration to all possible scenarios, providing clear instructions in case of any eventuality. However, we now find ourselves in a chaotic situation with vague definitions & all sorts of interpretations.
So first of all, who is to take responsibility for this confusion caused by various amendments & possible ‘lost in translation’ type scenarios? It is a known fact that all high ranking Govt. officials, including the judiciary, are political appointees, therefore, their integrity when it comes to making impartial judgements & decisions is at question. However, whatever the outcome of the legal status of the constitution, I think there is enough consensus, if not, unanimous in believing, that we have a madman (& that’s putting it mildly) as President. How do we put such a madman where he belongs (I hope jail rather than an asylum)? He is more dangerous than a monkey with a razor blade & at this rate, he will slash (in line with the metaphor) the country into strips if he has it way.
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Eagle Eye / November 10, 2018
TIME: What was the immediate reason for calling an election?
President KUMARATUNGA: I was forced into it by a total breakdown of cohabitation in government. The Prime Minister (Ranil Wickremesinghe) was determined to harass me and chase me out. He has only one obsession: he wants to be the President. And he does not seem to care what happens to the country in the process. We came to an impossible impasse. The only way to resolve it was to ask the people for a mandate. —TIME’s Alex Perry at President’s House in Colombo, March 29, 2004
The comments of President Chandrika Kumaratunga on her friend Ranil Wickremesinghe cited above reveals how history never fails to repeat itself says H.L.D.Mahindapala. Anyone interested in reading the full article, please search “Ranil abused and subverted parliamentary democracy.”
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Douglas / November 10, 2018
Dr. Dharshana W: Your “Confession” starting: – ” Although I was………Project Manager of the team designed the payment gateway NMSJ…….. without being detected by CBSL”. You must be without any delay be CHARGED in a Court of Law for “MONEY LAUNDERING” and “VIOLATION OF FOREIGN EXCHANGE LAWS” of the country. Do you remember that was the charge against Ravi Karunanayake. You should be ASHAMED (if you have any shame) and CONDEMNED for being granted that “DR” title. Please return that “DR” as did our hero – ex Civil Servant from the North, Mr. Nesanathan (pardon me if the name is wrong). It is disgusting to hear of your types of “DRs” and “Professionals”, very many who have “Infiltrated” into the the Political, Social and Administrative set up in the country. No wonder we FAILED and continue to FAIL.
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H K Seneviratne / November 10, 2018
1
What Next After Sirisena Shits On Sri Lanka?
Sirisena can use Sri Lanka Constitution for
his toilet papers
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shankar / November 10, 2018
the supreme court will say dissolution is unconstitutional and parliament has to be reconvened. However if sirisena ignores the verdict and does not allow the reconvening then what?
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K.Pillai / November 10, 2018
We have had a coup d’état Kumar David. Coup d’état it is.
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The coup d’état is without guns and blood-letting.
This window of opportunity MUST be used.
Surely will these ‘Shitisena Shits’ and the like foul-mouthing help?
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JD / November 10, 2018
KUMAR DAVid writes for Neo-Liberal Smanalays eventhough he is TRIBAL – Socialist TRotsky ?. The rumour is he says what ever I earns from this is not going to beggers or needy, it is fo rmy own comsumption (Goddess Paththini).
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JD / November 10, 2018
Maithripala Sirisena proved that he was not a “RANIL”. and he was even mentally stronger, patient and calculated than Mighty Mahinda Rajapaske who used money to bribe. Sri lanka needs a Hitler. Hotler also loved his nation. and he had a vision. I always think, it is THE SO CALLED INTERNATIONAL COMMUNITY AKA G7 NATIONS AND THEIR ALLIESA DN NOW NATO TOO are the reason that Sri lanka can not be develoepd and can not becomea decent country. They established the current corrupt democracy in sri lanka. I wish all the best to Maithripala Sirisena. What ever it is DO NOT VOTE TO EITHER UNP (United Samanalayo party) or SLFP. Even the recent appointments of SLFP include well knwn thieves. C.M. chandrasena has his own foudnation registered to his wofe that is to plunder the countrhy via contracts and various financial dealings. Others are Johnston Fernanao and Wimal Weerawansha. Wimal weerawansha says only thing he did was building houses my extended family and a palace for me. Wimal Weerawansha the killing of that youth is now history.
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edwin rodrigo / November 11, 2018
MS a Hitler?: JD, I completely agree with you. Sri Lanka needs a Hitler and in MS we have one. He is a patriot, courageous and does not bend down to the Western nations.
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Hitler built up his armed forces, circumventing the sanctions imposed on Germany after the WW 1. For example, he circumvented the limits on the Naval vessels imposed according to the Versailles Treaty by building Pocket Battleships (with highly concentrated fire power) such as Bismarck and Tirpitz.
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Similarly MS is secretly building up Sri Lanka’s missile capability by designing and constructing multi stage rockets capable of a range of over 2000 km, enough to reach Delhi. These are being designed and built by village school boys and presented as amateur rockets to cover up the real purpose, that of annihilating India.
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citizen / November 10, 2018
Now parliment is dissolved ,we can’t do any thing this Is the destiny of poor and labourors parties like unp or JVP which led by similar innocent leaders like Jr ,premadasa or wijeweera when they are facing a largest single super power business party like slfp. Now unp and JVP people do not have to act by their heart and have to act by their brain. First we want to understand the slfp vote base is very huge and 220% bigger than unp vote base of 22%. Slmc ,digambaram helaurumaya,mano and Richard can add another 8% to this 22% vote base of unp if they are contesting under command alliance. This election with tgeir 57% block vote base of slfp they can get 2/3 majority in Parliament. The business class and 85% of sinhala middle class and upper middle class the die heart vote base of slfp of mahibda are very eargarly waiting to make their leader Mahinda as priminister with 2/3 majority. If this happened the Hitler rule of slfp will come back . to face this Hitler rule of slfp the pathola party like unp will not suit.so there will be two options either jvp and unp have to form an alliance and contest and stop the slfp to get the 2/3 as a single party.other wise JVP has to become the main opposition to face the tough slfp governments. This is a real truth the have understand by every unp and JVP loyalist since their vote base is very small comparing with slfps huge vote base. Other wise satisfy our hearts that unp vote base is not that much small the illusion statements like there is a 13% unp boycotters are living in srilanka will worse the situation of unp or JVP since the unp boycotters has to come from any other planet like mars or Jupiter not from srilanka.
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Thushara / November 11, 2018
As prof.David says this moron can resort to anything and as he suggests can orchestrate ant Tamil and anti-Muslim violence and make it as excuse to declare emergency and stifle all our rights.Therefore we, all SriLankans have to stand united and shoulder to prevent/avoid in sighting any communal violence and helping the imbecile to achieve his goal. So let’s be vigilant…no more violence towards the minorities.Even God seems to have turn His back on Sri Lanka.
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Thassim / November 11, 2018
Your name calling reduces you to gutter level. You must be a Trump supporter living in Florida.
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EW Golding / November 11, 2018
Not correct Eagle Eye, nobody, not even the President can summon an election (House, Senate, State or Gubernatorial) except as strictly stipulated in the Constitution. Our joker has flouted the express provisions of the Constitution.
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edwin rodrigo / November 11, 2018
There are two explanations for this pantomime of MS.
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1) This is an act arranged with Ranil to get rid of MR politically forever.
2) This is a delaying tactic so that the Sirisena’s daughter can enter politics and stay under the protection of her father for one year (2019 to 2020). After that MS may just melt away quietly leaving a legacy which may mean ‘dafren dafren’ things for ‘dafren dafren’ people.
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One good thing is that there is no place for Namal in both these scenarios. Of course, he has the chance to do ‘dafren dafren’ things like Formula 1 driving in the ME or communicate with Sakra on his Note 9. But mercifully, no politics.
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