At Last the President has taken the best decision to solve the present political crisis allowing the people to sort it out peacefully and democratically in the interest of the country and the people, when RW opts for a blood bath uprising to keep him in power by calling his butterfly supporters to stage a nationwide protest for 13 days. 
Posted on November 14th, 2018

Dr Sudath Gunasekara

12.11. 2018.

Since I am not a lawyer I do not propose to comment on the legal side of this issue. I leave it for legal luminaries to do that job. But as a layman and a retired senior public servant and also as an apolitical man who puts the country and its people first, I have the right to express my personal opinion.

Regarding the now confused legal opinion, suffice it to say the President’s decision to dissolve the Parliament in terms of the powers vested in him by the Constitution of the Republic under 33 (2) and Sec70 and furthermore the Supreme Court decision 2015 April on the 19th Amendment is conclusively legitimate and constitutional that no court can challenge. It is also should be noted that powers reposed by the Constitution in a President directly elected by the people cannot be removed by an act of Parliament as he is not elected by it.    That could be done only by a referendum

However legal opinion on either side of the political divide is, as usual, divided on this Issue.  They perhaps look at it from their own perspectives and party affiliations more than the sanctity of the law or justice for the people. Moreover lawyers always argue tooth and nail to prove their preconceived point of perception to safeguard their personal interests rather than the client’s interests. When they fail to convince court through legal arguments they resort to subtle legal points to prove their point, the ordinary man cannot understand and where even the judges get confused at times. Finally judgments in courts all over the world are given the way the Judge sees or understands as right and proved. The question of whether that is the right or the wrong judgment is immaterial once it is given and it remains the judgment. Apparently there is no room to punish a judge for a wrong judgment either. Of cause the aggrieved party can go for an appeal even though one cannot have full hope to win. On the other hand even the judges could be influenced either by bribe or by appealing to their emotions. This reminds me of the story of an American judge who was used to declare any one coming before him convicted, one day suddenly found change his attitude and was going all out to defend the accused, to find that, that day the accused was his own son. This may be why I think the common adage that the ‘law is an ass’ has come to stay in the present day society.

These intricacies also remind me of the judicial process that comes in the celebrated Ummagga Jataka story in the days of the Mahasudha Panditha. In the Jataka story the adjudications were done personally by the judge based only on the direct evidence available. The prosecution, defense and the judge-all three were in one man. There were no defense or prosecution lawyers either. Isn’t it a socially and culturally a worthy exercise to explore the possibility of introducing such a system in litigation at least in countries like ours brought up in a tradition completely different from the western legal tradition as an experiment?  But of cause in present day society the probability of getting judges of the character and caliber of Mahusadha is almost zero.

In present day court proceedings usually both the prosecution and defense are represented by lawyers. They argue in court for money and not for justice. As such most judicial decisions are conditioned by factors like money, the cleverness of lawyer’s submissions or the personal convictions of judges. As such since there is a very big margin of risk in an unjust judgment being delivered? Therefor the safest and the best solution in my opinion is to go for General elections or a referendum so that the people with whom sovereignty lies can directly decides without depending on their unreliable and corrupted representatives in Parliament. To buy over few MPP as required to form the majority in the present day context is very simple. But you can’t buy the people of a whole country.

To digress I propose to make few observations as an ordinary but responsible citizen concerned about the good of the country and the people, in the following pages particularly for the benefit of the general public.

Why it should not be left to the present Parliament to decide on this all important national issue

First and foremost the present parliament has no legitimate mandate to sit on judgment on this type of broader national issues that decides the fate of the nation for the following reasons.

1 The present Parliament is obsolete as the mandate it is supposed to have got deceptively in August 2015 is now outdated as the results of the 2018 Feb 10th Local Government elections have completely nullified it. I presume that 50 % voted for them in August dropped down to even less that 30 % in Feb 2018. I guess it could be even less now perhaps around 20% or even less. As such the wishes of the majority of people are not represented in the present Parliament. It was clearly displayed at the 2018 Feb Local Government elections where the RW camp was reduced to mere 32 % of the total voted in the country whereas MR and MS Camps together polled 54 %. Any court of law cannot ignore this hard fact   which is an irrefutable ground reality.

2 Most of the MPP of the present Parliament are illegally appointed persons. 29 of them have been appointed through the so-called national list. They are either defeated candidates at the August election or political stooges picked by dirty political manipulations whereas the purpose of the National list was to bring in men and women who have rendered a distinguished service to the country. Therefore they are not at all representatives of the people whose sovereignty they are supposed to uphold and protect. They only represent their own interests and those of their corrupt leaders who appointed them. To that extent they are a bunch of undemocratically placed men and women.

3 All these fellows could be easily bought over by bribe as they are there only to make money and never to serve the people or the country and not answerable to the people either.

4 The appointments of the PM, Leader of the Opposition and even the Chief Organizer of the Opposition in this Parliament were illegal and unconstitutional. Therefore the legality of the whole Parliament is   highly questionable.

5 The behavior of the Speaker of the House is also not democratic. He does not know his role either in the house or outside and always acts partially and behave like the speaker for the UNP and its Deputy leader in the House rather than the Speaker of the Parliament and who always takes the side of the UNP is also not consistent with the supreme parliamentary traditions.

6 Furthermore even those other elected MPP are not true representatives of the people of any electorate although the 196 electorates are demarcated with the basic principle of electing representatives to Parliament to represent the voters of such electorates actually they do not represent their electorates. Firstly they represent the districts and not the electorates as laid down in the principle of electoral division thereby making democracy a mockery. Secondly the elected are mostly outsiders and not residents of the particular electorates. Thirdly all of them are only nominees of the Party leaders very often out siders who have nothing to do with the electorates they are supposed to be representing in the Legislature. One could argue that since they were elected under the proportional and preferential system under the Constitution their membership in the legislature is legal. But yet the fact remains that they were not directly representing the local people of the respective electorates.  They represent only their party leaders and themselves. This is a new kind of democracy peculiar to Sri Lanka.

7 As such how can one expect this Parliament and its proceedings to be legitimate and constitutional?

8 To this extent I raise the very vital question as to what extent the constitution of the present Parliament is democratic in the first place.   Does it actually represent the peoples will?  The answer in my opinion is not at all. Therefore their being in Parliament is undemocratic and illegal.

Secondly the 2015 Local Government elections results have very clearly nullified the 201August mandate. Therefore those who got elected or appointed to Parliament in 2015 have ceased to be true representatives of the people long before the President sacked RW as PM.

In my opinion therefore if RW pretends to be a democratic leader he should have resigned immediately after the 2015 Local Government elections. At least he should have stepped down from the Party Leadership giving room for someone who is capable of leading it. He didn’t and he waited until he was sacked and kicked out. Even after he was kicked out this man is still sticking on like a leach to Temple Trees Therefore if he has an atom of self-respect and decency at least now when he is legally sacked owing to his miserable record as the PM he should honorably go home. Obviously he is no more the PM of this country. He ceased to be so on the 18th of October 2018. As such he should immediately leave the Temple Trees, the Official residence of the legally appointed Prime minister without behaving like a child crying for the spilt milk to draw the attention of his Western friends at the expense of the innocent people of this country without creating an artificial state of anarchy in the country as if the reign f anarchy he  steered for the past  4 years is not enough.

The whole country knows that he has been the miserable Leader not only who ruined the country but also completely ruined the UNP that provided bread and butter for him for over 4 decades beyond recovery. The fact that three is not a single man or woman in the UNP to take over as its future leader in spite of its countrywide losses at 29 elections under his miserable leadership alone is enough for him to be sacked from the Party. I pity those who still want to keep him as their Leader and I am lost to understand as to what their heads contain if they have any. In this backdrop I see the present UNP as a   corpse without a head.

Under such unprecedented inconsistencies, risks and un certainties, as I see it,  going for general elections or a referendum is the best option as you cannot bribe the whole country unlike a few self-centered power and money hungry MPP in Parliament. This is particularly relevant to our present parliament as most of the MPP there are illegally appointed persons come through the back door purely through   treacherous political manipulations and therefore don’t care a damn for the people.

Ranil urges public to continue 13-day protest against corrupt dictatorship Ranil Wickramasinha and Karu Jayasuriya the Speaker continue to behave like children crying foul to get the attention and sympathy of the people and their so-called International friends.  Moreover the way how RW sticks to Temple trees and also talks with unbelievable confidence even when 70% of the people in this country excluding   his own party men on his leadership are not with him, I also suspect some big international support and another conspiracy just like in 2015 to keep him in power as their darling.

In this backdrop the President has taken the most appropriate decision by dissolving the Parliament so that the people with whom the country’s sovereignty is deposed can select and elect their true representatives, a new Parliament and a new Government  to end four years of absolute state of anarchy  so that firstly,  people of this country can get relieved of uncertainty and confusion and the country can once again forge ahead with peace and sanity towards political stability, social and economic prosperity.

That is the only way to end the present political impasse and the current state of anarchy brought about by an undemocratically and illegally constituted Parliament and manipulated by power hungry and self-seeking political leadership at home and conspirator foreign powers and to restore sanity and peace to the Motherland and its people.

I only hope and wish the Supreme Court will take these in to consideration when it delivers its final judgment on the dissolution of Parliament by the President in the broader interest of the future of the country and its people

So that it will bring this unfortunate situation immediately to an end and pave the way to change the prevailing corrupt system of Government by the politicians, for the politicians and of the politicians and replace it with a   government of the people, by the people and of the people where the age old Buddhist concepts of good governance of dhammena pare ranjetiti Raja and Bahujana hitaya bahujana sukhaya” are enshrined once again on this land of righteousness.  The wheel of power should revolve on the wheel of Dhamma as it had been so for the past 2600 years on this Islan

It is uncivilized, barbaric and despotic for unpatriotic politicians to hang on to power for their own benefit and personal aggrandizement totally ignoring the wishes of the people.

PS

This was written before the Supreme Court decision was announced. Now under the new situation unfortunately we have to wait and see what next.

But one thing is certain. The country has now fallen even from the frying-pan to the fire. It is utterly chaotic and confusing to see. No one can say what is going to happen next. It is so unpredictable and unimaginable. I feel the whole country is caught in a disastrous mega tempest at mid sea.  It appears that no one in authority is concerned about the plight of the country or the people. They are concerned only about their own power, vanity and gain. Curse be on all those who brought about this disastrous situation to this country.

Although the SC has issued an interim order to take more time to hear the case, I don’t think it will suspend elections in view of the chaotic situation that might follow in the country. I only pray and wish the SC will seriously take in to consideration the actual ground political situation in delivering its final verdict. Assuming that elections will be held sooner than later I propose that election should be held on the first-past the post system for the 196 electoral districts and suspend the appointment of 29 nominated MPP on the National list. In the event the 29 list cannot be suspended I suggest it be filled by appointing only people who have rendered a distinguished service to the country in some professional fields.  That will firstly eliminate undesirable people getting in to the Parliament through the infamous national list and will also enhance the quality of House.  Even if the elections are held this way the UNP will not get more than 17 seats under RW’s leadership. If the leadership is replaced with Sajith they might get about 30 seats the most in the 196 Parliament. If elections are held under the PR system this could be slightly higher.  Nevertheless a repeat of 1956 for the UNP cannot be avoided in any case, going by the ground situation created by RW during the past few years.

I also propose the SLPP nominate at least one new outstanding candidate of impeccable character and   proven quality who can command the respect and support of the people so that they could vote with   new hopes for better democracy and good governance. In the event the SLPP leadership takes this suggestion and conduct the election in the proper manner I can predict it can hit the target of over 150 seats in the next Parliament to secure the 2/3 so that it can have a strong and stable Government without  wooing the communal minorities.

8 Responses to “At Last the President has taken the best decision to solve the present political crisis allowing the people to sort it out peacefully and democratically in the interest of the country and the people, when RW opts for a blood bath uprising to keep him in power by calling his butterfly supporters to stage a nationwide protest for 13 days. ”

  1. Randeniyage Says:

    Dear Friends,
    Please understand the reality.
    Looks like 2nd Indian intervention has been planned. Last time there was only JR. This time it is Mahinda , Ranil and Sirisena.
    Look at the obvious truth.

    1. Everything started with LTTE kingpin Subrabanium Samy’s visit to see Mahinda.
    2. Mahinda met Modi.
    3. Ranil’s visit to India.
    4. Sirisena commenced the plan by appointing Mahinda PM which he cannot do.
    5. Frogs jumping from this side to that sides started.
    6. Namal’s thuggery started
    7. Completely biased disgraceful speaker wakes up
    8. Disregarding democracy and huge waste of public money Sirisena calls elections
    9. SC gives correct decision and saves Sri Lanka’s reputation
    10. Speaker behaves like president
    11. Major riots are planned by Ranil and Mahinda too doesn’t mind blood bath
    12. Indian intervention imminent followed by 20A completely making our motherland their special territory.

    Don’t put Piduru to Evilena Ginna. Don’t say good is bad and bad is good because of your preferred politicians, all are thieves.
    Not even China supports such nonsense by Sirisena , Mahinda , Ranil and Karu. We cannot live like North Korea.

    Sirisena shall be impeached and law and order established. He is the worst possible President in our history. Please accept it.

  2. Susantha Wijesinghe Says:

    YES, if SIRISENA is impeached, let us bring Attorney-at-Law, NAGANANDA KODITUWAKKU. The best available, just now. Let us try him out.

  3. Cerberus Says:

    Thank you Dr. Sudath Gunasekera. I totally agree with you. Here are some paras which caught my attention.
    1.0 “Most of the MPP of the present Parliament are illegally appointed persons. 29 of them have been appointed through the so-called national list. They are either defeated candidates at the August election or political stooges picked by dirty political manipulations whereas the purpose of the National list was to bring in men and women who have rendered a distinguished service to the country. Therefore they are not at all representatives of the people whose sovereignty they are supposed to uphold and protect. ”
    2.0 “Therefore they are not at all representatives of the people whose sovereignty they are supposed to uphold and protect. They only represent their own interests and those of their corrupt leaders who appointed them. To that extent, they are a bunch of undemocratically placed men and women. All these fellows could be easily bought over by bribe as they are there only to make money and never to serve the people or the country and not answerable to the people either.”

    In my opinion, the TNA represents the Tamils who are not loyal to Sri Lanka. These disloyal people never think of the country and only of their Tamilness and are loyal more to Tamil Nadu than to Sri Lanka. They will gladly destroy the whole country if it will gain them a separate state to unite with Tamil Nadu. They know Ranil will gladly divide the country if it helps him and his butterflies.

    The JVP is another great disappointment. The great JVPers of the yesteryear who were so patriotic and were willing to give their lives for the country are no more. The current opportunistic politicians only wish to make their money and live abroad. Some of them are supposed to have houses and property abroad. These politicians must have been paid heavily by UNP who have loads of cash from the bond scam and also more money coming from the future sales of Sri Lanka assets. They all see UNP as a cash cow with unlimited resources. Otherwise knowing what the UNP has done in the last three years to the country by the bond scam and the selling of valuable assets to foreigners how can they with a clear conscience vote for this party.

    At the end of the day as you say having elections will be the best thing that can happen to clean out the Augean stables which is what the Parliament has become. The UNP may have enough money to buy all the parliamentary members but they cannot buy the whole public. They did this once in 2015 using foreign funds to disseminate lies about MR, however, they cannot keep doing it forever. As they say, you can fool some people all the time and all the people some of the time but not all the people all the time.

  4. Hiranthe Says:

    Can we trust the three SC judges?

    The Regime Change master minds will not leave them alone. $5.0million each will be only $15.0m which is nothing for US and allies. But $5.0m for each of these will attract them unless they are loyal to Mother Lanka.

    Isn’t it reasonable for us to assume that our 3 member SC panel was influenced by the Regime Change Masters for creating this situation by delaying the decision??

    The 3 guys have unnecessarily stayed the decision till 07 December. This is not any other court case where you need time to gather evidences from many sources etc. The matter is purely based on the document called 19A.

    Interestingly, I read an article by Shyam Nuwan Ganewatta today in Daily Divaina in which he says that the protection of the 4.5years for the parliament without being subject to dissolution, which was included in the 19A was not in the version sent to SC.

    How to find out if it is true

    If that is the case, it clearly highlights the scrupulous intent of the Yahap team and the 3 panel judges should put them behind the bar instead of letting them go back to the parliament.

    If it is true and if the SC objects the Election and let Yahaps win, can we challenge the SC for not figuring it out and not punishing the culprits?

  5. nilwala Says:

    The SC should be asked to clarify what is meant by the “Stay Order”, since these sittings by Parliament seem to be contrary to what the SC determined as a “Stay Order”. Why is the Chamber open to Parliamentarians to attend at this highly intense and stressful time, even though action has been “frozen” by the SC?

  6. Randeniyage Says:

    @Susantha
    Please look at this. Are we so dumb to go and love the criminals who are ruining our country ?
    “https://www.youtube.com/watch?v=ALA_JF41lXs”

  7. NeelaMahaYoda Says:

    @susantha

    NAGANANDA KODITUWAKKU is allegedly being a CIA plant filed first petition against the prorogation of the parliament by the president. His application was rejected outrightly .

    @Randeniya

    If you are in Sirisena’s shoes, you would do the same. Imagine his PM is trying assassinate him to get the power that he will never ever get it through a legitimate methods by contesting a presidential poll. Similar plots have already been successful in anywhere else. Typical example was in Egypt.

  8. Cerberus Says:

    I forgot to mention that the JVP has forgotten how 60-80,000 of their original group were brutally killed by the then UNP govt under Premadasa and Ranil. Now they are hand in glove with their killers. Some of the JVPers were tortured brutally UNP at the infamous Batalanda torture chambers and even Wijeweers was supposedly thrown into a crematorium while he was still alive.

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