By : A.A.M.NIZAM – MATARA

The former Minister Field Marshal Sarath Fonseka and several other UNP stalwarts said that there was more than 2/3 support of the members of the UNP’s working committee (WC) who attended the last WC meeting wanted party leader Mr. Ranil Wickreemasingthe to come forward as the party nominee for the presidential election but Ranil Wickreemasingthe nominated Sajith Premadasa subjected to abide with several conditions.  Mr. Premadasa agreed to uphold these conditions and hence the candidacy was vested with Mr. Premadasa.

They said that regardless of this fact Mr. Premadasa has spoken at several post WC meetings and boasted that he as the son of his father will not allow anyone to dictate terms to him and he has not agr4eed to any conditions whatsoever to secure party nominations and he will not bow down to such conditions. 

These statements have caused much irritations and anger to Mr. Ranil Wickreemasinghe and other UNP stalwarts and this situation has resulted in the cunning fox and politically experienced Ranil Wickreemasinghe to convene a party convention on October 3^rd at the Sugathadasa Stadium.  Sajith Premadasa together with his mother and several thousand party supporters from all over the country has attended this special convention.  Sajith Premadasa or his ardent supporters were not aware that this convention was a well-planned strategy by Ranil to get his own grave dug at this convention.  When the convention started Mr. Ranil Wickreemasinghe has taken the center stage and spelled out the WC conditions one by one and has requested the attendees to approve the conditions by raising their hands.  The imbecile and ignoramus politically childish Sajith Premadasa too has raised his hand and given his total consent to the conditions which sealed his arrogant pronouncement about conditions, which included devolution of power, introduction of electoral reforms, abolition of the executive presidency as early as possible, to work within close collaboration and under the tutelage of the Prime Minister and acceptance of Mr. Ranil Wickreemasinghe as the leader of the United National Party.

Mr. Ranil Wickreemasinghe holds the leadership of the UNP, his family party, for the last 26

years and during this period in Britain, which is considered as the political mentor of the UNP there had been 6 leadership changes in that country.  In recent years there had been confrontations between UNP members supportive and opposed to Mr. Wickreemasinghe and most of these confrontations have taken place under the blessings and instigation of Mr. Sajith Premadasa.

 The last such confrontation was between pro-Ranil UNP members and those opposed to him spearheaded by Maithree Gunaratne(MG) and Shiral Lankatilleke(SL), the then Southern and Western Provincial Council members respectively.  MG is presently the Governor of the Central Province and SL is an advisor to Sajith.  They organized a massive procession to proceed to Colombo from Devinuwara Devale under the slogans o ‘we do not want Ranil – handover party leadership to a youth etc’.   When this procession came to Matara it was attacked by a gang called ’ cinnamon pole gang’ unleashed by Mangala in front of the Matara Bodiya.  Several people were injured and the Pole apprehended many of the so-called cinnamon pole gang and filed a case at the Matara Magistrate Court against Mangala and several members of the gang.  A person known to me who has been enlarged on bail now employed in Qatar come to attend the trial from Qatar at his own expense and on No Pay.  The next hearing of the trial is scheduled in February next year. 

The stupid Sajith Premadasa speaking at the aforementioned Convention after the adoption of resolutions has said that he will get into a social pact with the people and thereby create a new industrial and social revolution if elected to office.  He had come up with a set of pledges which included the setting up of an administration without corruption and nepotism, creating a free education system by carrying forward the achievements which he says the present government had made in the sector, free health services will be further strengthened, highest possible allocation will be made for health, set up IT colleges in each division, English language schools and introduce new women and youth charters.

Also, he has pledged to provide concessions for farmers, to create a new industrial revolution, a new poverty alleviation program in addition to Samurdhi and to turn state institutions which have become a burden into new joint ventures.

He has further stated that he does not  have a family or a generation to safeguard (what about his wife and children – Are they aliens?) and he will rule according to the ten principles preached by the Buddha and he will fulfill the duty entrusted to me by the party with diligence since he got this opportunity today as there is a party leader who is willing to make sacrifices and he got this opportunity also because of the approval received from the UNP working committee, parliamentary group allies and the endorsement given by party members. UNP Buddhist sources claim that Sajith Premadasa has no right to speak about Buddhism as he and his sister belongs a new Christian Sect named Born again Christians” headquartered in the United States and he receives huge amounts of funds from this organization. In order to counter these allegations, he should declare his income sources as he has said that he will not accept the salary and other allowances if he gets elected.   

In the meantime, the reactionary foreign servile UNP which succeeded through the 19th amendment to the constitution in preventing Mr. Mahinda Rajapaksa from contesting for presidential elections, they had a persistent fear that they will not be able to restrict Mr. Gotabhaya

Rajapaksa contesting the elections. As a solace to this they sought assistance from the U.S. Embassy in Colombo to help them and it was for this reason that former U.S. Ambassador AtulKeshap in violation of his diplomatic privileges and in interference of the sovereignty of Sri Lanka unsuccessfully requested in his farewell meeting with Mr. Mahinda Rajapaksa not to field Mr. Gotabhaya Rajapaksa as a presidential candidate.  After that they attempted to file certain cases in U..S s, and finally to hamper his election campaign by filing several court cases against Mr. Gotabhaya Rajapaksa which included a case saying that there had been misappropriation of funds in respect of the construction of the D.A.Rajapaksa memorial museum at Weeraketiya, a vase against the Avante Garde Maritime Services saying that this project has caused a huge foreign exchange loss to the country, and a petition filed at the Court of Appeal (COA) urging to invalidate the Sri Lanka citizenship certificate issued to Mr. Gotabhaya on 21st November 2005.

In respect of the Avante Garde case, the former Head of the Bribery or Corruption Enquiry Commission Mrs. Dilrukshi Dias Wickremasinghe, an intimate family friend of Mr.  Ranil Wickremasinghe , has said that she was subjected to excessive pressure by some Ministers to frame charges against Mr. Gotabhaya Rajapaksa and others.  In this case, charges were made against Mr. Gotabhaya Rajapaksa and 7 others.  At the same time the solicitor General Mr. Suhada Gamlath has told media that he was summoned to the Temple Trees to attend a meeting and there were several Ministers including Minister Patali Champika Ranawaka and the JVP leader Anura Kumara Dissanayaka and they wanted him to doctor a case to arrest Mr. Gotabhaya Rajapaksa, this he refused to do.  He has said that Minister Ranawaka was very harsh on him and even threatened to take action against him.  Media sources indicate that Mr. Gamlath’s services will be suspended soon.

The Court of Appeal  (COA) after having a hectic session for three days the three-member panel of judges unanimously dismissed the petition filed by NGO vultures Professor Chandragupta Thenuwara and Gamini Viyabgoda urging to invalidate the Sri Lanka citizenship certificate issued to Mr. Gotabhaya Rajapaksa.  Court sources said that there was an unprecedented number of lawyers amounting to over 300 present on behalf of Mr. Gotabhaya in addition to PCs Romesh de Silva, Gamini Marapana and Ali Sabri and hence the COA  had to be moved to a spacious room to deliver the verdict at 6.00 p.m. on Friday.  In addition to this, there was a huge crowd outside the courtrooms and when the verdict was announced the whole area thundered with shouts of ‘Jayawewa’ and crackers lit by the jubilant crowd.   The firing ng of crackers and motor vehicle parades were held by jubilant supporters throughout the country.

Mr, Gotabhaya was in Kegalle at the time the verdict was announced and he immediately returned to Colombo to participate in a cele76bration organized by JO parliamentarians and Pohottuwa supporters at the official residence of the Opposition leader Mr. Mahinda Rajapakse and at this function, the official theme song of Mr. Gotabhaya’s campaign was also released.  The theme song says,  රට බෙදන මිනිසුන් ආයේ.. සුන් කරන බලයයි මේ.. මිහිදු රජුගේ සෙවනැල්ලේ.. රට රකින අවියයි මේ. This means:’This is the power that would once again demolish the separatists …. Under the shade of King Mihindu’

Given below is a comprehensive report on this historic verdict:

The three-judge Bench of the Court of Appeal unanimously decided to dismiss the writ petition filed against former Defense Secretary Gotabaya Rajapaksa’s citizenship status.  The Bench comprising Justices Yasantha Kodagoda (President/CA), Arjuna Obeysekara and Mahinda Samayawardena made this decision after hearing all parties over almost four days of continued court proceedings at the Court of Appeal.  

This petition was initially filed invoking the writ jurisdiction by the petitioners. The petitioners Professor Chandragupta Thenuvera and Gamini Viyangoda said Mahinda Rajapaksa assumed office as the president on November 18, 2005. Thereafter, the Cabinet and the Ministerial secretaries got dissolved- because PM ceased to function. However, Gotabaya Rajapaksa’s Dual Citizenship certificate was signed by former President on November 21, 2005, exercising the executive powers vested in the cabinet.  

On December 08, the new cabinet was formed by the President.  

Petitioners argued that If the cabinet was dissolved there were no ministers to sign the certificate and the President has no power to exercise all ministerial powers till the cabinet is appointed.  

However, the Attorney General appearing for certain respondents contended that even in the absence of a cabinet, the president continues to function all executive powers as the constitution provides him the plenary executive powers because he was the head of the executive and the government.

However, Romesh de Silva PC and Gamini Marapana PC who appeared for Gotabaya Rajapaksa and Mahinda Rajapaksa argued that the President exercised repository executive power received from people’s sovereignty since 1972. So, keeping in mind that people’s sovereignty was exercised by the president, one should read Article 30, and 44, of the Constitution. And under Article 44(2), it provides as to how the president can assign ministries to form the cabinet. This Article provided also that he can keep the un-allotted ministries. It means the retaining of the ministries for him is self-explanatory that one can assign or give something, only if it is a repository. The president is the executive repository power in the country.  
Counsel Suren Fernando appearing for the petitioners concluded the oral submissions by rebutting the respondent’s arguments.  

He explained that the core issue that the petitioners are referring to is based on the fact that whether the then-president had the executive powers vested in the cabinet of ministers and whether he could, therefore, authorize the citizenship certificate of Gotabaya Rajapaksa on November 21, 2005 functioning in the ministerial capacity between a time period where the cabinet had been dissolved and ceased to be functioning.  

He said Article 44, which existed in the constitution in 2005 (this article was later removed by the 19 amendments) had provided how such power should be exercised as opposed to what the respondents have made so far in arguing.  

He said under Article 44(1) the President shall appoint the cabinet immediately after his assuming duties as the president.  

And under 44(2), which is a sequel subsection to the article, says that then the president shall determine on assigning Ministries, Ministers, and their subject areas. After doing that the President could keep the ministries that have not been assigned to any ministers. ‘It is the ministries that have not been allotted to a Minister can remain before, the president did not have any repository executive power in keeping those executive powers beforehand as respondents Suren Fernando said.  

Romesh de Silva PC and Gamini Marapana PC brought up several preliminary objections against the maintainability of the petition.  They said the petition is a mala fide application filed on pure political vengeance and it should be dismissed straight away as there is no right to invoke writ jurisdiction on technicality according to the decided law. Romesh de Silva PC made these remarks pointing out several factors that are relating to the petition.  
Mr. De Silva said if the president could not sign the dual citizenship certificate in 2005, it was not only Gotabaya Rajapaksa who would get affected by this matter. He said there were 21 other individuals whose citizenship certificates were granted on that day (November 21, 2005). ‘Now what about their stance on this issue? Will those 21 individuals are rendered stateless too?’ he asked.  

Secretary of the Defense Ministry can only be held by a citizen in this country. And

 client has been a citizen for almost fifteen years. And the petitioners suddenly come to court to dispute about his citizenship merely on the ground of a technicality now. Writ applications cannot be invoked on a technicality so this application should be dismissed straight away as per law”, He said. He also said that the writ jurisdiction should be exercised based on the concept of equity and therefore this petition should be dismissed.  

He also pointed out that the SLPP and 21 other persons whose rights are adversely affected by this petition have not been named as necessary parties and therefore it is flawed in law.  
Mr. De Silva further explained about the alleged intention of the petitioners by referring to certain parts of the writ petition.  

On the caption of this writ application, it is mentioned Minister of Home Affairs as ‘Honorable Minister’, but the sixth respondent, the former president of this country was cited as only Mr. Mahinda Rajapaksa”, Romesh de Silva argued. He said that it reflects the clear mala fide intention of the petitioners.  

Romesh de Silva PC and Gamini Marapana PC stressed that even though the apology could be accepted, the defect of the petition for citing the then president in person could not be avoided. And they said that the assumption of mala fide intention of the petitioners also should not be set aside.  

Gamini Marapana PC also said that this petition should be dismissed straight away as this petition was filed to insult the respondents because in the petition it stated that then-President had done fraud in signing the citizenship certificate. ‘How can it be a fraud. Everyone admitted that the then-president was duly elected and then signed those certificates for several persons as a minister. So what is the fraud in it even if he had not possessed the power to do so’ he asked. He also said that it was a serious defect in the petition to accuse respondents of fraud for something which is not a fraud. ‘In such instances, if that accusation is found to be meaningless the whole petition should not be maintained,’ he said.  

Romesh de Silva PC with Palitha Kumarasinghe PC, Ali Sabry PC, Sugath Caldera, Ruwantha Coorey, Harith De Mel and Namik Nafath instructed by Sanath Wijewardene appeared for Gotabhaya Rajapakse.  

Gamini Marapana PC and Naveen Marapana PC appeared for former president Mahinda Rajapaksa

The Opposition leader M r. Mahinda Raja[aksa commenting on the court verdict has told media that the verdict exonerated the whole country. 

Reports said that Minister Rajitha Senaratne has commented that the JVP will file an objection to the court verdict at the Supreme Court.  MP Udaya Gammanpila speaking about Minister Rajitha’s statements said that although the UNP attempts to digress responsibility from the court cases it was this political chameleon dentist who confirmed UNP’s links with the two NGO vultures saying that they would file a petition in the Court of Appeal and now he has established JVP/UNP link in respect of court cases.  Addressing a media conference Mr. Gammanpila also showed video clips relating to Rajitha making these statements at media conferences.    This article will be continued with a roundup of comments from media institutions and veteran media personnel.