What next?

November 13th, 2018

Editorial Courtesy The Island

The Supreme Court has issued an interim order suspending the dissolution of Parliament till Dec. 07. This is not what President Maithripala Sirisena and his allies bargained for. His rivals have declared victory prematurely. People are agog with curiosity; thankfully they remain calm and quiet. The sooner this dispute is brought to an end, the better. It has overshadowed all other issues. Nobody seems to care two hoots about the economic front.

Parliament has to be reconvened today as scheduled prior to its dissolution, and what the situation will be in the House is anybody’s guess. Will President Sirisena prorogue it further? Will the UNP and its allies try to secure a division and/or thwart such an attempt?

The court case at issue is not yet over and the SC judgment is likely to be given next month. What is justice to the winner is not to the liking of the losing side, which always cries foul. Judicial verdicts may help resolve disputes legally but do not lead to reconciliation. Hence the need for settling disputes through negotiations without taking them to courts if consensus is to be achieved! However, as for the issues consequent to the Oct. 26 government change, one may argue, the disputants remained intransigent and Parliament found itself in a gridlock and, therefore, the matter had to be taken to courts. It behoves all of them to sheath their poniards, swallow their pride and discuss a future course of action to hoist the country from the current political mire of their making, for, as things stand, the crisis is not like to go away in the foreseeable future. The warring politicians owe it to the people who stump up colossal amounts of money to maintain them.

The unfortunate situation which has led to the ongoing divisive legal battle arose because men of mature years in politics failed to act wisely. They let their personal animosities take precedence over their duty by the country. The Oct. 26 government change would not have happened but for a personality clash between President Sirisena and ousted PM Ranil Wickremesinghe. The outcome of the current legal battle is bound to complicate the political situation further. One can only hope that sanity will prevail.

In countries, blessed with statespersons, difficulties the people face make rulers sink their differences and join forces to find solutions, but in this land like no other, political leaders’ personal differences cause difficulties for the people.

Democracy and progress derive sustenance from the wisdom and altruism of rulers. When selfish, power hungry leaders are elected it is only natural that democracy and progress elude a nation. This, we have seen under successive governments during the last several decades.

This legal battle may be over with the SC determination, but all will not be quiet on the political front. Speculation is rife that President Sirisena is coming under increasing pressure from his allies to go for a referendum to consult the people directly on the issue. The general consensus is that the President is constitutionally empowered to do so. Whether this is possible or the President will consider this an option remains to be seen.

Meanwhile, there were some ugly scenes near the Superior Courts Complex in Colombo, on Monday, with groups of restive political activists shouting. Last so many years have seen protests, silent or otherwise, near courts in Colombo and in other parts of the country. No organised crowds must be allowed to enter court premises and areas adjacent thereto under any circumstances.

Constitutional Provisions in the Current Context

November 13th, 2018

By Neville Ladduwahetty Courtesy The Island

Dr. Jayampathy Wickrmaratne is reported to have stated: “President Maithripala Sirisena cannot dissolve Parliament to overcome the current constitutional crisis caused by the unconstitutional sacking of PM Ranil Wickremesinghe”. The report also states: “It is a golden rule that in interpreting a Constitution, the Constitution as a whole must be looked at, not one provision in isolation” (The Island, 10th Nov. 2018).

If the Constitution is to be looked upon as a whole, there is a need to visit the very foundation on which the Constitution is founded. It starts with sovereignty being with the People. Article 3 of the current Constitution states: “In the Republic of Sri Lanka sovereignty is in the People and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise”. Thus, the fundamental premise is that the sovereignty of the People is to be held in trust by their elected representatives, and implemented through the organs of government.

Article 3 of the 1972 Constitution also stated that “Sovereignty is in the People and is inalienable”, but it did not include fundamental rights and franchise. Furthermore, Article 4 of the 1972 Constitution stated that “The Sovereignty of the People is exercised through a National State Assembly of elected representatives of the People”. Consequently, the National State Assembly as the “the supreme instrument of State power” exercised the legislative, executive and judicial powers of the People thus making Sri Lanka a Parliamentary Democracy.

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This, however, is not the case with the current Constitution. Article 4 that spells out the “powers of government” states that the legislative power of the People shall be exercised by Parliament (Article 4 (a); the executive power of the people shall be exercised by a President directly elected by the People (Article 4 (b) and the judicial power of the People shall be exercised by Parliament through courts, tribunals etc. Article 4(c).

Furthermore, since sovereignty is inalienable each of the above powers must and should remain separate and equal. In addition, they cannot be transferred, relinquished or removed without the expressed consent of the People. This makes Sri Lanka a presidential democracy. This then should be the starting point to address the charges made by Dr. Jayampathy Wickramaratne.

The inability to appreciate the difference between the two systems has caused legal and academic experts to keep on describing Sri Lanka as a Parliamentary democracy, when in fact it has been a Presidential democracy for the last forty years. A key aspect of this difference is that while parliamentary democracies cannot function without a majority presidential democracies could function independent of a majority since powers are separate. In such an instance the lack of a majority in Parliament only hampers the passage of legislation.

The perception that Sri Lanka is a parliamentary democracy is perhaps the reason for interpreting Article 33A that states: “The President shall be responsible to Parliament for the exercise, performance and discharge of his powers, duties and functions…” to mean that the Executive is “answerable” to Parliament. Such an interpretation is seriously flawed because it ignores the inalienability of the sovereign powers of the People.

SACKING of PRIME MINISTER

The so-called “unconstitutional sacking” of Ranil Wickremesinghe must be viewed from the background material presented above. Chapter VIII titled “The Cabinet of Ministers” in the 19th Amendment sets out the relationship between the President as the Head of the Cabinet of Ministers and the Cabinet. Accordingly, it is the President who appoints the Prime Minister as one “who in the President’s opinion is most likely to command the confidence of Parliament”, Art. 42 (4). However, it is the President who “determines the number of Cabinet of Ministers and the Ministries and the assignment of subjects and functions to such Ministers (Art. 43(1). The only change in the 19th Amendment from what existed earlier is that the appointment of Cabinet Ministers, State Ministers and Deputy Ministers “shall be on the advice of the Prime Minster”.

Notwithstanding this, Article 43 (3) states: “The President may at any time change the assignment of subjects and functions and the composition of the Cabinet of Ministers. Such change shall not affect the continuity of the Cabinet of Misters and the continuity of its responsibility to Parliament”. Since the identical provision was provided in the 1978 Constitution the comment by late Prof. A. J. Wilson was: “This section therefore empowers the President to even dismiss his Prime Minister and or reshuffle his Cabinet without consultation with the former, because it states that ‘such changes shall not affect the continuity of the Cabinet of Ministers and the continuity of its responsibility to Parliament” (The Gaullist System in Asia, The Constitution of Sri Lanka, 1978, p.44).

The President did not arbitrarily “sack” PM Ranil Wickramasinghe. The sacking occurred as a result of the National Government with an Executive of 93 ceasing to exist following the withdrawal of the UPFA from the coalition. This precipitated a constitutional necessity to reconstitute the Executive and limit it to 70 and assign new subjects and functions. This necessity coupled with the deep discontent in the country regarding the direction and control of the government, unparalleled corruption and the sale of national assets, motivated the President to appoint a new Prime Minister who had the proven ability to give a new direction to his government. Therefore, the sacking of the Prime Minister is not a political coup or political crisis but a precipitation of a series of events that required Presidential intervention in keeping with the Constitution.

DISSOLUTION of PARLIAMENT

Article 70 (1) of the 1978 Constitution entitled the President to “summon, prorogue and dissolve Parliament” until paragraph (1) was repealed and substituted with the provision that the President “shall not dissolve Parliament until the expiration of a period not less than four years and six months … unless the Parliament requests the President to do so by a resolution passed by not less than two-thirds of the whole number of Members…”. This means that Parliament could secure a two-third majority at anytime within the four and half years, and “request” the President to dissolve Parliament This amounts to powers the President has as Head of State being transferred to another organ of government, i.e., the Parliament thereby violating the inalienability of the executive powers of the People. However, the fact that 33 (2) (c) is incorporated within Article 33 (2) means the President’s power to dissolve Parliament was not restricted and the repeal of Article 70 (1) has no relevance.

Despite this, there are three special circumstances, namely, “If Parliament rejects the Statement of Government Policy, or the Appropriation Bill or passes a vote of no confidence in the Government the Cabinet of Ministers shall stand dissolved …and for the President to appoint a new Executive” (Article 48 (2). How many times is this process to continue before Government operations break down and the country comes to a standstill? The inclusion of Article 33(2) (c) in Article 33(2) enables the President to overcome such challenges (SLR -2002 Vol. 3, para. 102). Since Article 33(2) states that the powers listed are “In ADDITION (emphasis added) to powers, duties and functions expressly confirmed …” Article 33(2) (c) overrides Article 70. Furthermore, it could also be applied to 33 (2) (f). This empowers the President, if he so chooses, to engage in “acts of appointment of Prime Minister and other Ministers, the Chief Justice and this other judges of the Supreme Court, the President of the Court of Appeal…” thereby overriding limitations imposed on such appointments by the 19th Amendment. Clearly, under no circumstances could the entirety of Article 33 (2) be categorized as “general powers”, as asserted by Dr. Wickramaratne.

CONCLUSION

The flawed understanding that the system of Government in Sri Lanka is a Parliamentary Democracy is the reason for the outcry to reconvene Parliament to establish who has the majority. The fact that the Constitution provides for the “powers of government” to operate separately under the collective rubric of the sovereignty of the People makes the system in Sri Lanka a Presidential Democracy. It is a matter of deep regret that this distinction is not understood.

It is unrealistic to expect the International community to be aware of Sri Lanka’s constitutional complexities when such awareness does not exist among Sri Lanka’s own legal and academic fraternities. Their common shrill is that Parliament should be reconvened to establish majorities and minorities in the misguided hope that establishing majorities would resolve all issues. This has caused the situation in Sri Lanka to be internationalized and to be described as a political coup or a political crisis on grounds that the measures adopted by the President were undemocratic and unconstitutional.

The explanation for the prevailing constitutional confusion is the ad-hoc incorporation of new provisions into what had existed, with the objective of transforming a Presidential Democracy into a Parliamentary Democracy without the consent of the People at a Referendum. Another parallel is the incorporation of provisions for devolution from a Parliamentary Democracy in India into a Presidential Democracy in Sri Lanka, notwithstanding the inherent incompatibilities. It is only through an understanding of these fundamentals that Sri Lanka could hope to emerge from this confused state.

Parliament dissolved to form a People’s Government – Part III

November 13th, 2018

By : A.A.M.NIZAM – MATARA .

The UNP suffering from perennial electrophobia and utterly fearful of facing voters in elections its Paroxetine JVP ,JHU Muslim Com-gross TPA. Dollar voracious NGO vultures and pro-tiger terrorist sympathiser Rajan Hoole, despite being a member of the so-called Independent election commission (perhaps on behalf of the Tamil diaspora) and some others have submitted petitions at the Supreme Court against the dissolution of Parliament and calling for ele4ctions by President Sirisena.  Hoole should have resigned from his post before he submitted the petition and if fail to so even now belatedly the government should take swift action to remove him as otherwise people will lose faith on the independent nature of the Election Commission. Reports indicate that this pro terrorist Hoole has refrained from signing the letter authorising officials to proceed with carrying out election related activities and thereby creating a conflict between Election and Commissioner General of Elections and hence Hoole should not only be dismissed but also taken into custody on the charge of obstructing legitimate government activities.

The hearing of the petitions by a three-member panel of Judges led by the Chief Justice Nalin Fernando started yesterday and is being continued.  Despite these petitions of election phobia addicts Maha Nayake Theroes, prelates of other religions have wholeheartedly and enthusiastically welcomed the election saying that it has offered an opportunity for them to get rid of the butterfly clan and the foreign slavish quislings from the political arena of this country and replace them with national minded, patriotic and progressive people and revive the country as it was in the yore.

In the Supreme Court the Attorney General Mr. Jayantha Jayasuriya making his submission ns asserted that the action taken by the President was legal and was in consistent with the constitution and has asked the Courts to dismiss all petitions.  During his submission the AG has cited all constitutional clauses that validate the action taken by the President to ensure the law and order sovereignty of the people.

The Supreme Court, in the meantime gave it ruling this evening by issuing a Stay Order on the gazette dissolving Parliament and calling for elections until 7th December and said that they will take up hearing of the petitions on 4th, 5th,and6th of December. Many political analysts and politicians have welcomed this decision as the time frame given to call for nominations from 19th to 26th November and hold election on 5th January were insufficient for selection of candidates and prepare for a detailed Manifesto.  Government sources said that thy are in the process of presenting a joint manifesto and the relevant works are being carried out.  They said that the new Manifesto will have many concessions including granting of car permits every five years, expediting the work of development projects which had been suspended by the Ranil Wickremasinghe government and extensive review of foreign slavish trade agreements. .

Government sources indicated that there will be no more Ranil era even if the Supreme Court gives a verdict in favour of the UNP and its proxies.  Legal experts apprised that in such an event the government can call for a referendum for they people to express their franchise and it will only delay the election by about one month or by a maximum 40 – 50 days.

Meanwhile Ranil Wickremasinghe has said that Parliament will resume sittings tomorrow the original date of reconvening the Parliament by President Sirisena before he issued a gazette notification to dissolve parliament and call for a snap election. He has said in his usual arrogance that he will prove his majority when they meet tomorrow despite the fact that the can appoint anyone regardless of majority as the Prime Minister as he did so om 9th January in which he appointed Ranil who had only 41 clears as Prime Minister instead of Mr. D.M,.Jayaratne who had 146 members with him at that time.

Reports said that the double-tongued dollar voracious JVP leadership held their Il Maha Semarum” November commemoration in Colombo today)(Nov. 13th). They hold two commemoration events – April 5th– in respect of those idea in 1971 and Nov. 13th in respect of over 60,000 died in 88 – 90 period, including some of my relations, school mates and neighbours.  A neighbour of mine became insane when his two sons got killed reported by Rajitha Senaratne’s PRRA outfit and subsequently died in that status. Many eye witness accounts have said that JVP leader Rohana Wijeweera was thrown into  Cremation Chamber alive when he was arrested at Ulapane St. Mary’s Estate and brought to Colombo.   On the day he was supposed to have been killed the then Minister of National Security Ranjan Wijeratne in an interview with BBC and in response to a question whether Wijeweera’s  killing has been informed to the President said that they do not need to inform President about the killing of a dacoit.  The JVP current leadership despite their collaboration with the UNP has not taken any action to verify about this death.  The JVP hold these commemorations for their self aggrandizement and for fooling their village members and make them hire buses spending from their hard-earned money to ferry the people to them in Colombo and other main towns.

The last genuine leader of the JVP the late Mr. Somawansa Amerasinghe told media once the present JVP leadership under dollar voracious Anura Kumara and his cabal is shamelessly money slavish and Anura Kumara who is reportedly owns a palatial residence in Ireland was given Rs. 25 Million by UNP stalwart and UNP financier Malik Samarawickrema to help their party in the 2015 General Elections.  Ranil also helped Anura Kumara in numerous ways and he functioned as an advisor to Ranil having an office in the Temple Trees and Anura Kumara has allegedly advised Ranil on persons to be prosecuted by the notorious FCID and on what charges.  NFF leader Mr. Wimal Weerawansa, PHU leader Mr. Udaya Gammanpila and the famous Buddhist monk Ven. Uduwe Dhammaloka Thera had to serve long terms under custody perhaps due to instigations of Anura Kumara.

(To be continued)

ජනපති පැරදුනොත් සිකුරාදා    ජනමත විචාරණ තුරුම්බුව ද?

November 13th, 2018

කීර්ති තෙන්නකෝන්

පාර්ලිමේන්තුව මැතිවරණය පැවැත්වීමට නොහැකි තත්වයක් උද්ගත වන්නේ නම්, ජනාධිපති සහ මහින්ද රාජපක්ෂ කණ්ඩායම සතු දුර දිග අවිය ‘ලංකාවේ පළාත් සභා සහ පාර්ලිමේන්තු මැතිවරණය එක වර පැවැත්විය යුතුය ද?‘‘ යන ජනමත විචාරණය (ලාම්පු කළ ගෙඩි සෙල්ලම) කරළිය පැමිණෙනු ඇත.

මෙම සති අන්තයට පෙර ජනාධිපතිවරයා අවාසිදායක තීන්දුවක් ලැබේ නම්, නොවැ. 16 දින ජනමත විචාරණ ගැසට් නිවේදනය අපේක්ෂා කළ හැකිය.  අඩුම කාලයකින් පැවැත්විය හැකි මැතිවරණය ජනමත විචාරනය බැවින් එය ද, ජනවාරි මුල් සතියේ දී පැවැත්වීමට හැකියාව ඇත.

සටහන – 1982 දී ලංකාව ඡන්ද එපා යැයි ඡනමත විචාරණයක දී ඡන්ද 31,41,223 ක් ලබා දී ඇත.  ඡන්දය අවශ්‍ය බවට පැවසූවේ 26,059,83 ක් බැවින් ලංකාවේ මැතිවරණ සිතියම වසර 5 කට අකුළනු ලැබීය. 

 

Bohemian Rhapsody

November 13th, 2018

Dr Ruwan M Jayatunge

Freddie Mercury ‘s  musical hit Bohemian Rhapsody carried a numerous metaphors and symbolism that transformed the band into a global phenomenon. Bohemian Rhapsody” song was written by Freddy Mercury which had no chorus but consisted of   six sections: introduction, ballad, guitar solo, opera, rock and outro. Bohemian Rhapsody could be considered as an enigmatic philosophical song that was not decoded completely. Up-to-date Bohemian Rhapsody remains a puzzle.  This song has fatalistic lyrics. Some argue that Bohemian Rhapsody echoes Mercury’s personal traumas reveling the complexity of his inner mind. This song represents a self-explanatory portion of Freddy. Perhaps Bohemian Rhapsody could be the musical version of Albert Camus’s novel The Stranger.

Albert Camus’s novel The Stranger involves a complex character named Meursault. For Camus, life has no rational meaning or order. As Albert Camus stated, the nakedness of man faced with the absurd was highlighted in his novel. Meursault’s philosophy of absurdism, atheism, determinism, nihilism, and stoicism are well marked in Bohemian Rhapsody. Bohemian Rhapsody divulges a life and attitude, which possess no rational order.

Bohemian Rhapsody begins with the powerful vocals of Freddy, which describes the clashes between his inner fantasies and realities. He was born in Zanzibar to an Indian Parsi Family and raised in England. He was exposed to three different cultures and in each culture; his biopersona (biological component of his personality) was suppressed creating a colossal guilt in him.  The society that he lived expected him to live an artificial life less then his expectations. Mercury felt trapped and found no escape.

Is this the real life
Is this just fantasy
Caught in a landslide
No escape from reality
Open your eyes
Look up to the skies and see
I’m just a poor boy, I need no sympathy
Because I’m easy come, easy go,
Little high, little low
Anyway the wind blows, doesn’t really matter to me – to me

In the second part Freddy talks about a murder which could be treated as a metaphor. Metaphor and allegory were powerful literary and conceptual tools which often used by him to create melody, rhythm and philosophy. Like Meursault he reaches self-knowledge by committing a murder.

Mama, just killed a man,
Put a gun against his head,
Pulled my trigger, now he’s dead,
Mama, life had just begun,
But now I’ve gone and thrown it all away
Mama, ooo,
Didn’t mean to make you cry
If I’m not back again this time tomorrow
Carry on, carry on, as if nothing really matters

In the third section, Freddy talks about his destitution and hidden death wish contrary to his insensible desire to live. In Bohemian Rhapsody Camus’s philosophy of the absurd is written in every line.

The imaginary character of Albert Camus’s novel The Stranger – Meursault was a social deviant. He was an absurd man. The struggle to find meaning where none exists is what Camus calls, the absurd.  The absurd man will not commit suicide and he wants to live, without renouncing any of his incongruous hopes. The doomed character recounts in Bohemian Rhapsody reminds a nihilistic man that was narrated in Camus’s novel The Stranger.

Too late, my time has come,
Sends shivers down my spine
Body’s aching all the time,
Goodbye everybody – I’ve got to go –
Gotta leave you all behind and face the truth
Mama, ooo –
I don’t want to die,
I sometimes wish I’d never been born at all –

The Opera Section begins with a powerful  vocal presentation. Freddy Mercury uses the name of a fictional character – Scaramouch that was created by Rafael Sabatini.

I see a little silhouetto of a man,
Scaramouch, scaramouch will you do the Fandango
Thunderbolt and Lightning – very very frightening me-
Gallileo, Gallileo,
Gallileo, gallileo,
Gallileo Figaro – Magnifico –
I’m just a poor boy nobody loves me
He’s just a poor boy froma poor family
Spare him his life from this monstrosity
Easy come, easy go – will you let me go

In the subsequent part, the singer utters a name Bismillah which means the God. It is a poetic phrase translated as in the name of the God, most gracious and most compassionate.

Bismillah! No, – we will not let you go – let him go –
Bismillah! We will not let you go – Let him go
Bismillah! We will not let you go – Let him go
Will not let you go – Let me go
Will not let you go – Let me go
No, no, no, no, no, no, no-
Mama mia, mama mia, mama mia let me go –
Beelzebub has a devil put aside for me, for me, for me.

The final part of the song is the rock section. In this branch Freddy’s emotional struggle and apathy is emphasized. However, he is ready to accept the consequences.

So you think you can stone me and spit in my eye
So you think you can love me and leave me to die
Oh Baby – Can’t do this to me Baby
Just gotta get out- just gotta get right outta here –
Nothing really matters
Anyone can see
Nothing really matters, nothing really matters – to me

In Bohemian Rhapsody the meaninglessness of all endeavors are emphasized in the final line.  According to the theory of Absurdism that was introduced by the French Algerian philosopher Albert Camus there is a fundamental disharmony that arises out of the co-presence of man and the universe. Man has a desire for order, meaning, and purpose in life, but the universe is indifferent and meaningless; the Absurd arises out of this conflict. Meursault was always aware of the meaninglessness of all endeavors in his life so as the nihilistic man of the Bohemian Rhapsody.

පාර්ලිමේන්තුව විසුරුවා හැරීම නිත්‍යානුකූල නොවන බවට ශ්‍රෙෂ්ඨාධිකරණය තීන්දු කළහොත් වහාම ජනමත විචාරණයකට යන්න

November 13th, 2018

Lanka Lead News

අතිගරු ජනාධිපති මෛත්‍රීපාල සිරිසේන මහතා විසින් පාර්ලිමේන්තුව විසුරුවා හැරීම නිත්‍යානුකූල නොවන බවට ශ්‍රෙෂ්ඨාධිකරණය තීන්දු කළහොත් වහාම ජනමත විචාරණයකට යා යුතු බව මහාචාර්ය පූජ්‍ය මැදගොඩ අබේතිස්ස හිමියෝ පවසති.

අද(13) පෙරවරුවේ විද්වත් භික්ෂු සංසදය විසින් පැපිලියාන සුනේත්‍රාදේවී පිරිවනේ කැදවා තිබූ මාධ්‍ය හමුවකට එක්වෙමින් උන්වහන්සේ මේ බව කියා සිටියේය.

මෙහිදී අදහස් දැක්වූ ආචාර්ය පූජ්‍ය කපුගොල්ලැව ආනන්දසිරි හිමි

”මැතිවරණ කොමිසම ස්වාධීන ආයතනයක්. කොමිසමේ සාමාජිකයෙක් වන රාජන් හූල් කියන නිලධාරියා ශ්‍රේෂ්ඨාධිකරණයට ගිහින් තියෙනවා ඡන්දයක් එපා කියලා. කොහොමද ස්වාධීන ආයතනයක සාමාජිකයෙක් පක්ෂපාතී වෙන්නේ.”

නීතිවේදී ශාස්ත්‍රපති පිටවල උපාලි හිමි

අපේ මතකය දිව නොව එදා 974 පටන් ගත්තේ ධර්මයට පාලනයකින් අවසන් කළේ ”අ” යන්නත් එකතු කරලා. යහපාලනය පටන් ගත්තේ යහපාලනය කියලා. මේ තීන්දුව යම් විදියකින් ඔවුනට අවාසි වුණොත් ඔවුන් කියනවා ජනතාවට බලන් ඉන්න අත්විඳින්න පුළුවන් දරුණු ඉරණම කියලා. ඔවුන් කියනවා ලේ ගංගාවක් මතින් හරි වුන්ගේ ජයග්‍රහණය කෙසේ හෝ ලබා ළඟා කර ගන්නවා කියලා. ලේ ගංගාවක් කියන්නේ යහපාලනය අවසානයේ යම්ක් යමපාලනයක් බවට පත් වෙනවා.

තවද මෙම මාධ්‍ය හමුව සඳහා ජාතික විද්වත් භික්ෂු සංසදයේ සාමාජික භික්ෂූන් වහන්සේලා වන ශාස්ත්‍රපති හෑගොඩ විපස්සි හිමි, ශාස්ත්‍රපති මතුගම සුමන නන්ද හිමි, ශාස්ත්‍රපති මාවනැල්ලේ පවර හිමි සහභාගි විය.

හෙට පාර්ලිමේන්තුව රැස්වෙනවා.. මං බහුතරය පෙන්වනවා..- රනිල්

November 13th, 2018

lanka C news

පාර්ලිමේන්තුව හෙට (14) දිනයේදි නැවත රැස්වන බව හිටපු අගමැති රනිල් වික‍්‍රමසිංහ මහතා පවසයි.

තමන් හෙට දිනයේදී පාර්ලිමේන්තු බහුතරය පෙන්වීමට සූදානම් බවද ඔහු සදහන් කරයි.

වික‍්‍රමසිංහ මහතා මේ බව කියා සිටියේ අරලිය ගහ මන්දිරයේදි මාධ්‍ය අමතමිනි.

This is not the Court’s final decision: Namal

November 13th, 2018

Courtesy The Daily Mirror

UPFA MP Namal Rajapaksa said the Supreme Court’s interim order on the dissolution of parliament was not the Court’s final decision.

In a tweet he said he had never seen politicians get ‘so excited’ over postponing of elections.

The UNP has a history of postponing polls but eventually voters will decide,” he said.

Supreme Court issues stay order on dissolution of Parliament

November 13th, 2018

Courtesy Adaderana

The Supreme Court has issued a stay order temporarily suspending the Gazette notification issued by the President on the dissolution of Parliament.

The highest court in the country also issued a stay order on the Elections Commission preventing the holding of a general election.

The stay orders have been issued effective until December 7.

Delivering its much-anticipated decision regarding the fundamental rights petitions filed challenging the president’s decision to dissolve parliament and calling for fresh polls, the three-member judge bench decided to take up the petitions for hearing.

The case has been fixed for argument on December 4, 5 and 6.

The decision was announced by the judge bench comprising Chief Justice Nalin Perera and Supreme Court judges Priyantha Jayawardena and Prasanna Jayawardena after two days of deliberation.

The Supreme Court had concluded the consideration of petitions at around 3.30 p.m today after which court was adjourned until 5.00 p.m. while the decision of the court was announced moments ago.

Thirteen fundamental rights petitions were filed at the Supreme Court asking it to declare that the President’s order to dissolve the parliament is illegal.

The petitions have been filed by political parties including United National Party (UNP), Janatha Vimukthi Peramuna (JVP), the Tamil National Alliance (TNA), Tamil Progressive Alliance (TPA) and the All Ceylon People’s Congress.

Organisations and activists such as the Centre for Policy Alternatives (CPA), Attorney Aruna Laksiri and also a member of Elections Commission Prof. S. R. H. Hoole have also filed petitions.

The Attorney General this morning requested the Supreme Court to dismiss all petitions filed against the dissolution of Parliament as the President’s decision is consistent with the Constitution of Sri Lanka.

Attorney General Jayantha Jayasuriya, making submissions to the court when hearings of the petitions resumed today, stated that the Gazette notification issued by the President dissolving the Parliament was constitutional and that the President had done so through the executive powers vested in him.

The Attorney General referred to article 33 (2) (c) in the 19th Amendment, which states in addition to the powers, duties and functions expressly conferred or imposed on, or assigned to the President by the Constitution or other written law, the President shall have the power to summon, prorogue and dissolve Parliament.”

Meanwhile intervene petitions filed challenging the fundamental rights petitions were also taken up for consideration by the court today.

Several individuals including ministers Udaya Gammanpila, Vasudeva Nanayakkara and former minister G.L. Peiris had filed the intervene petitions supporting President’s decision to dissolve the parliament.

අපගේ නිදහස් චතුරශ්‍රය සැබෑ නිදහසේ සංකේතය වන්නේ කවදාද?

November 13th, 2018

Keerthi Godayaya

ශ්‍රී ලංකාවේ නිදහස් චතුරශ්‍රය පිහිටා තිබෙන්නේ ටොරින්ටන් චතුරශ්‍රයේය. එහි විශාල ප්‍රමාණයේ දොන් ස්ටීවන් සේනානායක මහතාගේ පිළිරුවක් තිබේ. අප කුඩාකල පාසල් සවාරියක් සඳහා නිදහස් චතුරශ්‍රය වෙත ගිය කල අප සමග අපට වඩා පහල පන්තිවල සිටි එක්  කුඩා ශිෂ්‍යයෙක් අර සුද්දා කවුදැයි සේනානායක පිළිරුව පෙන්වා ගුරුවරියකගෙන් ඇසුවා මට මතකය. එවිට “ඒ සුද්දෙක් නෙවෙයි ළමයෝ, එයා තමයි අපේ නිදහසේ පියා යැයි ගුරුවරිය පිලිතුරු  ලෙස පැවසුවාය.”

“එහෙනම් ඇයි එයා සුද්දෙක් වගේ ඇඳගෙන ඉන්නේ” යැයි අර සිසුවා පෙරලා ඇසු කල ගුරුවරිය සැර  වුවා මිස කිසිදු පිලිතුරල් නොදුන් බව මට මතකය.

අධික ශීත දේශගුණයෙන් පරිපීඩිත බටහිර ජනයාට ටයි කෝට් එක  යනු ඇඳුමක් වුවද, ෆැරන්හයිට් අංශක 100 ක  උෂ්ණත්වයක් ඇති ශ්‍රී ලංකාව වැනි රටකදී ටයි කෝට් යනු යටත්විජිතවාදී සංස්කෘතික සංකේතයක් බවට පත් වන බව වටහා ගැනීම මෙහිදී වැදගත්ය. අපගේ නිදහස උදුරා ගත් ආක්‍රමණික ජනඝාතකයාගේ ඇඳුම වන ත්‍රී පීස් සුට් එකකින් සැරසී සිටින මේ පිළිරුව එම ආක්‍රමණිකයාගෙන් නිදහස් වීම සැමරීම සඳහා ගොඩ නැගු මෙම නිදහස්  ස්මාරකය ඉදිරියේ පිහිටුවීමත්, එම පිළිරුව නිදහසේ පියා ලෙස නම් කිරීමත් කෙතරම් හාස්‍ය ජනක විහිලුවක්ද  යන්න කිසිවකු නොසිතු බව පෙනී යයි. මෙය වැරදීමකින් සිදුවූ දෙයක්ද එසේ නැතිනම් නිදහසින් පසු බලය ලභාගත් කොළඹුන්  විසින් ගැමි සිංහල ජනයා වෙත එල්ල කල තවත් එක් ඔලොක්කුවක් දැයි අප සිතා බැලිය යුතුය.

අපගේ නිදහස් ස්මාරකය මෙලෙස සැලසුම් කිරීම අත් වරදක් නොවන බවත්, සුද්දාගෙන් නිදහස් වීම සඳහා දිවි පුදා සටන් කල සිංහල ජනතාවට හිතා මතා කල අවමානයක් බවත් මට සිතෙන අනෙක් කරුණ වන්නේ අපගේ නිදහස් ස්මාරකය පිහිටුවා තිබෙන්නේ සුදු ආණ්ඩු කාර වරුන් අතරින් එක් අතිශය ම්ලේච්ඡ ජනඝාතක ආණ්ඩුකාර වරයෙකුගේ නමින් ඇති චතුරශ්‍රයේ වීමය.  ජෝජ් ටොරින්ටන් George Byng, 7th Viscount Torrington (9 September 1812 – 27 April 1884) යනු 1848 මාතලේ නිදහස් සටන අතිශය ම්ලේච්ච ජනඝාතනයකින් කෙළවර කල ආණ්ඩු කාර වරයෙකි.

වසර 400 ක් යටත්ව පැවති රටක ප්‍රධාන දේශපාලන ස්මාරකය සැලසුම් කරනවුන් මෙතරම් අසංවේදී විය හැකිද? තම නිදහස වෙනුවෙන් සටන් කල ජන නායකයින් ඝාතනය කල ජන ඝාතකයාගේ නමින් පවත්නා චතුරශ්‍රයක නිදහස් ස්මාරකය පිහිටුවීම කල හැකි දෙයක්ද? නිදහස් ස්මාරකය පිහිටුවීමෙන් පසුව වත් ටොරින්ටන් නම වෙනස් නොවුයේ කාගේ උවමනාවටද?

ජනාධිපති සිරිසේන මහතා පැවසූ පරිදි සංස්කෘතික විභේදනයක් රජය තුල පැවතියානම්, එතුමා වටහා ගතයුතු කරුණ වන්නේ එම විභේදනය මුළු රටේම සෑම ක්ෂේත්‍රයකම පවතින බවය. එම පිළිකාව ඉවත් නොකර කිසිවිටෙක ප්‍රශ්නය නිරාකරණය නොවන බවද වටහා ගත යුතුය. ශ්‍රී ලංකා දේශපාලන හා සංස්කෘතික දේහය වෙත කොලඹුන් විසින් ගෙනවිත් ඇති මෙම පිළිකාව සදාකාලිකව කපා ඉවත් කිරීම මෙවර වත් කල යුතුව ඇත්තේය. එම කාර්යය ආරම්භ කලයුතු වන්නේ කොලඹුන් පැටව්  ගසන අධ්‍යාපන ආයතන වෙනස් කිරීමෙනි.  රටේ ඉතිහාසය, භාෂාව  හා සාහිත්‍යය ඉගැන්වීම නැවත අධ්‍යාපනය තුලට ගෙන ඒමෙනි.

THE REASON THAT THE CHALLENGES TO THE DISSOLUTION OF PARLIAMENT WILL FAIL

November 13th, 2018

DHARSHAN WEERASEKERA, ATTORNEY-AT-LAW

The newspapers report that six Political Parties will challenge President Sirisena’s dissolution of Parliament before the Supreme Court.  Meanwhile, there is a great deal of commentary by public intellectuals, academics and other pundits as to whether or not the dissolution is justified.

Many of the persons who are arguing back and forth about this matter do not appear to be practicing lawyers, i.e. persons who have argued a case before a court of law, especially the Supreme Court, and therefore are not familiar with some of the practical difficulties involved in a case such as the present one.

In my view, the challenges will fail in limn, and it is important for lay readers especially international readers to understand why, so that there will not be undue criticism of the court if and when the ruling that I predict does come down.  In this article, I will briefly explain the reason that I think the challenges will fail in limn as aforesaid.

As far as I am aware, the persons who support the dissolution base their argument on Article 33(2)(c) of the Constitution as amended, which says in essence that in addition to the powers granted by the Constitution and other written laws, the President has the power to ‘summon, prorogue and dissolve Parliament.’[1]

On the other hand, the critics of the dissolution base their argument on Article 70 of the Constitution as amended, which states that, ‘The President may by proclamation summon, prorogue or dissolve Parliament provided that the President shall not dissolve Parliament until the expiration of 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 its members including those not present.’[2]

Clearly, there is a clash between Article 33(2) (c) and 70.  And presumably, according to the pundits, the cases that are going to be filed will call on the court to resolve this conflict, that is to say, give a definitive interpretation for Article 33(2) (c) or 70, or both.  In my view, the cases will never get that far, but will be dismissed in limn because of the following reasons.

As far as I am aware, the only way that private parties can approach the Supreme Court on a matter such as the present controversy is under Chapter 3 of the Constitution, i.e. Fundamental Rights.  Fundamental Rights are individual rights—for instance, the freedom of thought and conscience, freedom from unlawful arrest, right to equal protection of the law, freedom of speech and expression, and so on.  There are 14 specific fundamental rights set out in Chapter 3 of the Constitution.

What the court is called on to do in a fundamental rights case is to see whether the particular facts and circumstances cited by the petitioner demonstrate a violation of one or more of the 14 rights set out in Chapter 3, or conversely, whether one or more of those rights can be expanded in such a way as to permit the petitioner to seek personal relief under them.

The point is that, in an FR case, the court can only interpret one or more of the 14 rights set out in Chapter 3.  Court cannot, by definition, interpret other provisions of the Constitution.  This is because, the Constitution is the Supreme Law of the Land, and an interpretation of any particular provision of the Constitution has the potential to affect all the citizens of Sri Lanka.  Court cannot, in the course of providing personal relief to a particular petitioner, create a situation where the same said relief has the potential to harm the interests of other citizens.

Therefore, as a general matter, I don’t think court will be able to interpret Articles 33(2) (c) or 70 in the course of a fundamental rights application. The following more specific matter should also be considered in this regard.

It seems to me that, if Political Parties are filing the proposed challenges against the dissolution of Parliament, they will probably base their argument on the claim that their fundamental right under Article 12—right to equal protection of the law—has been violated.  In other words, they will claim that the President’s action has deprived them of their right to enjoy a full term of office as MP’s for the duration specified in Article 70 of the Constitution as amended by the 19th Amendment.

However, to succeed in a case under Article 12, one has to show that one was subjected to discrimination of one sort or another.  Our courts have now established that the essence of Article 12 is that ‘equals must be treated equally,’ in other words, for a person to succeed in a claim of discrimination he or she must show that they were treated differently in comparison with their peers.

So, the petitioners in the proposed cases, petitioners who are all MP’s, must show that the President’s actions have caused them a harm or disadvantage to which their peers have not been subjected.  But, in this case, the dissolution of Parliament has affected all the MP’s—they have all in effect lost their jobs.  In short, equals have been treated equally.  Therefore in my view, an appeal to Article 12 cannot be made.

I concede that, the Political Parties aggrieved by the President’s action might be able to challenge the gazette dissolving Parliament by way of a writ application. But, in that case the application must be in the Court of Appeal and not the Supreme Court.  However, the problem for the petitioners if they resort to a writ application at this stage is that they probably will not have enough time to prevent the General Elections from taking place on 5th January 2019 as scheduled.

This is because, if a writ application to annul the gazette dissolving Parliament is taken up by the Court of Appeal, the State will immediately argue that the case involves a Constitutional matter and hence as per Article 125 of the Constitution must be forwarded to the Supreme Court.  If the matter is forwarded to the Supreme Court, then the issues raised earlier in this article come into play, and the case will be dismissed in limn for the reasons cited earlier.  In short, Sirisena has won.  He has checkmated Ranil and his gang.

I have said some nasty things about Sirisena in the past including in articles published on lankaweb and still stand by much of what I said.  But, it is difficult not to admire Sirisena.  He is a clever, clever man. As far as I am concerned, he is the cleverest and boldest politician in Sri Lanka at present, perhaps ever.  Watching him in action is like watching a great athlete—say, someone like Ali, Jordon or Michael Phelps—in action:  one watches for the sheer beauty of the performance.  Bravo Mr. President!  Give ‘em hell!

[1] See Section 5 of the 19th Amendment to the Constitution

[2] See Section 17 of the 19th Amendment to the Constitution

Thank You Ratnajeevan Hoole – You proved that Elections Commission is NOT INDEPENDENT or UNBIASED

November 13th, 2018

14 fundamental rights petitions were filed at the Supreme Courts today 12 November 2018 against the dissolution of Parliament. One petitioner was Prof. S. R. H Hoole & who is Prof Hoole? He is a member of a supposed to be independent Election commission set up by the 19th amendment in April 2015. Now, you may ask why is an independent commission member dashing to the Supreme Court to file an FR against the dissolution of Parliament? Good question, this is what we demand to know too. The whole world was told that independent commissions were the answer to all ills. We were told ‘distinguished’, unbiased, professional, super civil society individuals were picked to be members of these independent commissions. However, not only has Hoole shown his bias we are now questioning the conflict of interest & flouting of public position for personal gain of all other appointees of the other 11 independent commissions too.

 

Elections Commission was set up via the 19a amending Article 103. The Election Commission was to have 3 members recommended by the Constitutional Council & appointed by the President. These appointees were to be ‘distinguished’ persons. Hoole has proved how ‘distinguished’ he is.

 

The Chairman of the Election Commission is Mahinda Deshapriya who was appointed in November 2015, prior to his appointed he was the Elections Commissioner from March 2011 to November 2015. The annual budget allocated to the Election Commission is Rs.4.6billion.

Besides Mahinda Deshapriya, N J Abeysekara & Prof. Hoole make up the 3 member Election Commission manned by 674 staff. R M A L R Rathnayaka functions as the Director General Elections.

 

Very strange & unusual powers have been vested to the Constitutional Council via the 19a “Subject to the provisions of Article 126, no court shall have the power or jurisdiction to entertain, hear or decide or call in question, on any ground whatsoever, or in any manner whatsoever, any decision of the Council or any approval or recommendation made by the Council, which decision, approval or recommendation shall be final and conclusive for all purposes.” (what kind of democracy is this, if their decisions cannot be questioned)

 

What is noteworthy about the petitions filed are the personalities & parties filing them – UNP, JVP, TNA, CPA, Transparency International, were all part of the umbrella alliance that campaigned vigorously to promote Maithripala Sirisena as the common candidate thereby facilitating Ranil to become the PM and UNP to enter Parliament virtually from the backdoor as is the case from January to August 2015.

 

Let us presume that Hoole was so disturbed by the unconstitutional act of dissolving parliament that he was compelled to file a FR against the dissolution, was he deaf, blind & dumb when Ranil was elected PM without removing the sitting PM, where was he when after August 2015 there was no election till February 2018 – and he was a member of that Election Commission! Where was this Hoole when Mohan Pieris was unceremoniously removed as Chief Justice? We had a foreign Governor who robbed our Central Bank, where was Hoole then? The public have every right to question this Election Commission member, a person who completely ignores these violations & dashes to the Supreme Court against the dissolution of parliament only. This is not what a person who is paid by tax payers money should be doing. Fine, if he disagrees, first resign from portfolio & then file FR, but how dare he abuse his office, abuse the Commission of which he was selected as a Member? Politicians and public officials have to serve the nation not their personal interests or conscience. If that is more important than serving the nation, then they must honorably leave their public role & uphold their personal interests. They cannot mix up both – this is a major conflict of interest & a dereliction of duty.

Moreover, how fair is it for a US citizen to be a member of an independent election commission when dual citizens are specifically denied from contesting elections?

From the appointments since 2015 to the amendments to laws, penal codes etc we can see that a planned network of individuals have been placed in strategic roles to damage the system & cause mayhem. Notice that all the groups that galvanized to bring yahapalana to power are now in a frenzy to salvage it from the conundrum it has fallen to largely as a result of its own making. 19a was brought with the hidden intent to usurp the people’s power from a political catspaw of a common-candidate President who was too naïve to pick up on the larger plans being laid out by these groups.

 

What Hoole’s action has done which is really a blessing in disguise is to expose the fascade that was built around these independent commissions as having distinguished personalities with untarnished records. Pick all the members of the commissions even the new appointees as well as the constitutional council members and they all have bleak & tarnished record against their name – we can now see the allegations against the Human Rights Commissioner too. These commission members can be likened to the quote ‘just like one man’s terrorist is another man’s freedom fighter’ – no wonder they are all ganging up to now save those that they helped bring to power, while the rest of us can now cry out ‘we told you so, they are a bunch of biased hypocrites playing a bigger & treacherous role’ against the interests of the State.

 

 

 

Shenali D Waduge

 

 

 

 

 

 

 

 

Ambassadors – Britain, Netherlands, Norway, France, Australia, South Africa, Italy, and Canada – what is the diplomatic charade you are playing in Sri Lanka?

November 12th, 2018

 

On 26th October 2018 a President elected by 62lakh citizens decided to sack the Prime Minister & appoint a new prime minister. He also decided to prorogue Parliament & days later dissolved parliament. All these decisions were taken within the country & had no public protest except for the hysteria from the usual culprits that included the Western/Indian diplomatic circles & their media not leaving out the locals funded by them. It was nothing unexpected too. All nations need not be reminded that Sri Lanka is an independent & sovereign country. We do not need to get permission from any foreign country when taking domestic decisions. We no longer have Viceroys. There was no bloodbath that media desperately wanted to promote & the majority of people wanted an election. It was the best way of voicing their choice. What better democracy is there than giving people the opportunity to have their say via vote.

 

Why have some nations set their pants on fire over what is clearly a domestic matter? Have the foreign ministries of these countries not trained these diplomats on protocols. We know that fairly junior officials are sent to our part of the world though intelligence officers are also part of the diplomatic contingent. We don’t tell these countries who to elect, how to elect, who not to elect. We don’t even issue statements when they are facing internal calamities too. It is for these countries to decide on their internal affairs.

 

We are following what these gentlemen white former colonists taught us as democracy, or maybe we have got it all wrong! Maybe like the Queen sending letters to Idi Amin, or West funding dictators & murderers & propping puppet states while also bombing countries to the stone age is what democracy really stands for! However, this is not Sri Lanka’s cup of tea. Declassified files on Uganda show UK support for Idi Amin’s coup in 1971, dissolving parliament & going on to killing 500,000 people! & UK is singing hosannas for democracy now! We can give countless more examples of the violations committed by these countries pretending to be paragons of virtue in the international arena.

https://sputniknews.com/military/201801221060969957-idi-amin-british-support/

 

Sorry to disappoint you, but most of our people are well read, they keep abreast of happenings around the world, they look at the larger picture & they are able to see the miscreants at play & the invisible actors & their agendas. Thankfully, we are not a nation that falls for candle lit vigils.

 

8 diplomats (Britain, Netherlands, Norway, France, Australia, South Africa, Italy, and Canada) decided not to attend the meeting called for by the new Foreign Minister to ‘register their protest’ over President Sirisena dissolving parliament. The likely instigators US, EU, India, Germany sent junior representatives which is virtually the same as not appearing – now what does the dissolution of parliament have to do with these diplomats? They are not sent to Sri Lanka to determine if we can dissolve or not dissolve parliament. If so, then why do we need to elect a President?

 

None of these 8 countries would wish to be reminded of their obnoxious record sheet of ‘democracy’ so please before pointing a finger remember there are 4 fingers pointing back at you!

 

Why do western media keep referring to Rajapakse as pro-China, does that indirectly mean that any leader in Sri Lanka has to be only pro-West? This is rather silly especially when these are very countries promoting international relations. And if all leaders are pro-West there is no problem & everything is honky dory!

 

Diplomats need to be re-read their job description, they need to be reminded of diplomatic protocols & the no-go areas for interference & intervention. It is not that their own countries are 100% perfect either – they preach law & order to us & more gun holding maniacs are shooting innocent people than the terrorists they are going after, they preach about democracy & their MPs are caught in welfare expense scandals, they preach human rights & are keeping people in secret torture chambers denying even a lawyer. So, please don’t preach what you do not practice.

 

It is a farce to plug rights into trade concessions which force countries to commit to permanent legal changes while the trade concessions can be removed as per giver’s whims and fancies – GSP is one such example. Force countries to change penal codes claiming to give trade concessions once given after a period of time remove that concessions feebly citing violation of rights! We can see through all these tricks!

 

We appreciate that at least 20 heads of mission including China, Pakistan, Cuba, Turkey & Afghanistan turned up for the meeting and for attending these nations will end up getting the West’s bricks! Super democracy.

 

Let us remind these countries that President Sirisena hurriedly dissolved parliament in June 2015 just 160 days after becoming President. At the time it was rumored that the decision to dissolve parliament came following advice by US envoy to prevent the tabling in Parliament of the COPE REPORT which would have held the ousted PM & the foreign Governor Mahendran directly responsible for the Central Bank Bond Scam. With that dissolution the bogus national government also ceased to exist. Why didn’t these envoys make the same drama in June 2015 as they are now doing especially when the 100 day promise was to dissolve parliament on 23 April 2015!

 

The envoys complaining about a minority government now was silent when in January 2015 the elected President appointed RanilW as PM without removing the sitting PM & allowed a minority government of 42MPs to run the country!

 

Sri Lanka is an independent country. We have regular elections. Governments come & governments go – the same government is not required to stay in power & no western envoys can expect only their puppets to be voted to power.

 

Apart from the locals that are funded by foreign governments/NGOs and the cronies of parties, the general public whatever party they belong to are happy that parliament has been dissolved. There is absolutely no public unrest, no ‘bloodbath’ as is being drummed by western media. So what is their problem if Parliament is dissolved & elections are announced.

 

We have never heard anything as bizarre as democracy preachers going to courts to oppose people going to vote! If they have an issue with the removal of PM why did they not dispatch their local cahoots to courts against that decision instead of dispatching them to file FR’s against holding an election.

By their actions, the world is only laughing at the conduct of the diplomats representing the US, UK, EU, India, Canada, Australia, Italy, Norway, Netherlands, France & South Africa probably their citizens do not know the embarrassment these diplomats are causing their countries by their tantrums interfering in the internal affairs of nations!

 

 

 

 

Shenali D Waduge

 

 

https://in.reuters.com/article/sri-lanka-politics/western-diplomats-shun-meeting-with-sri-lanka-minister-on-political-crisis-idINKCN1NH1E6?rpc=401&fbclid=IwAR0x4bu-kNS9Fl3DfcUtWGtV4zmZGOm8rdkknM1sXpyEbh8oOsIDr-N2SpQ

 

https://www.colombotelegraph.com/index.php/bond-scam-full-text-of-interim-report-of-cope-inquiry/ (Bond Scam Report)

War Crimes allegation

November 12th, 2018

Nallur murugan

Many questions have been raised on the recent decision of the Secretary General of the UN   to appoint a Panel of Experts to advise him on alleged incidents said to have occurred during the final phase of the humanitarian operations against the Liberation Tigers of Tamil Ealam(LTTE) last year. The SGUN appointed a three member panel of experts to advise him. It is understandable the Government of Sri Lanka was strongly opposed to this move. In an era of unqualified condemnation of terrorism, particularly after the September 11,2001 the whole world united and focused on elimination of terrorism in any form at any cost. Terrorism in Sri Lanka has a long story spanning to nearly thirty years. The terror unleashed by the LTTE has been adequately recorded.

LTTE profile

The LTTE was banned by more than 30 countries, including Sri Lanka,India,USA,United Kingdom, Canada, European Union as a terror outfit. It was declared the world’s most ruthless terrorist organization by US Federal Bureau of Investigation because they committed the highest number of suicide attacks in the world, through the use of Black Tigers. They trained ground, sea and air cadres. They acquired technology to carry out a prolonged campaign of terror and violence in Sri Lanka and abroad. The Tigers systematically hunted down and assassinated prominent Tamils who supported a united, multi-ethnic Sri Lanka.They assassinated Rajiv Ghandhi,former prime Minister of India,R.Premadasa,former President of Sri Lanka,former Sri Lankan Foreign Minister Kadirgamer and many other renowned people. They butchered civilians destroyed public and private properties and methods and tactics adopted by them defies imagination of an average person. This form of terrorism was pioneered by the Tigers even before the Al-Qaeda and made extensive use of child soldiers and of child suicide bombers. Prabhakaran,the leader was personally responsible  for forced recruitment  of minors to the “Black Tigers” suicide bomb squads.

It is not an exaggeration to describe LTTE as a terrorist organization which conceptualized terrorism in contemporary political and military history. It is left to the historians and political scientists to make in depth researches on the LTTE’s conceptualized terrorism and its impact on the political systems and human society. The nature of the terrorism propelled by LTTE has become a subject matter for research, study and mitigation to many   defence authorities across the world.

Final phase of the military/humanitarian operation

GOSL appealed to the LTTE leadership when the security forces captured Kilinochchi to stop fighting and surrender.Susequently at regular intervals  gave ultimatum to the LTTE for surrender. If the LTTE wanted to surrender this could have been facilitated by third parties. Given the courage and decision of the two top LTTE activists Daya master,media boss and Jeorge,translator of the Leader to surrender to the security forces, surrender of others would have completely altered the situation and the huge human tragedy would have been avoided.Daya and George master were not harmed.  Respected Senior Tamil politician,leader of Tamil United Liberation Front Anandasangare time to time wrote open letters to the LTTE leader to change his  violent and intransigent attitude and help protect the innocent civilians trapped by the LTTE cadres.Sangaree was very critical of his former colleagues in Tamil National Alliance, for their blind and deaf attitude and self imposed silence to the suffering of the Vanni Tamil people .The TNA  failed to speak to the LTTE leadership to free the people whom the LTTE forcibly kept as human shield. During the final stages of the military operation against LTTE Sangaree further charged that the entire Tamil Nadu was totally misled by a group of TNA Members of Parliament from Sri Lanka who had no moral right to speak on behalf of the Tamils of Sri Lanka. He further accused them that they acted only as proxies of the LTTE and therefore lost their credibility. Actually the TNA  earned the displeasure of the Tamils by condoning  the most wicked and atrocious activities of the LTTE.

Bishop of Jaffna urgently requested the Tamil Tigers not to station themselves among the people in the safety zone and fire their artillery-shells and rockets at the Army. He warned that it would only increase more and more death of civilians thus endangering the safety of the people. He insisted that both parties, military and the LTTE should observe the safety zone strictly.

Humanitarian agencies warned of an impending human tragedy with about 3.5 lakh civilians trapped in the battle zone, and the LTTE was accused of using them as a human shield.UN Office of the Resident Humanitarian Coordinator in Colombo urged the LTTE to immediately permit all UN staff and dependents to freely move from the Vanni, warning that denial of safe passage was a clear abrogation of   international humanitarian law.  UN Secretary-General for Children and Armed Conflict Radhika Coomaraswamy, urged the LTTE to allow all children and their families to move to safe areas. She emphasized that a significant number of LTTE fighters were children. Many countries including USA urged the LTTE to avoid the human tragedy and allow the entrapped Tamil civilians to safety .LTTE continued its defiance. The LTTE’s denial of safe passage was a clear violation of their obligations under international humanitarian law.So the truth was that the plight of Tamil civilians was due to the LTTE’s callousness.

Strangely, some foreign  NGO’s (who funded the LTTE) were silent on these aspects. They were the first to complain of human rights violations by Government of Sri Lanka. They did so because their existence was dependent on acquiring funds from their foreign masters only if they shouted loudly for human rights against Sri Lanka. These were the anti national, anti social organizations that were supporting the LTTE under cover of protecting human rights. Amnesty International (AI)   was unfortunately another organization attempted to distort the factual situation pertaining to the conditions of the civilians.  Regrettably, AI  failed to present an objective analysis of the challenges and successes of the Sri Lankan Government in addressing the needs of Sri Lankans affected by the conflict.

The role of the Tamil print and electronic media needs special mention. Generally the  Tamil(private) media chose to portray the LTTE as freedom fighters  and glorified their acts as heroism. They  conveniently avoided  publishing the news such as massacres,abductions ,child conscriptions and other terrorist activities. They twisted the news. The LTTE forcibly chased the  Jaffna people out of Jaffna  towards other parts of the Jaffna peninsula in end of October 1995 and this was recorded as great exodus”. The tactic adopted by the LTTE in Vanni was not different from what they did   when the security forces were advancing to Jaffna city area from Palaly military base in September 1995. On that occasion the LTTE was retreating to vanni area.LTTE wanted a human shield.The sufferings of the people amounting to more than 300,000(1995) were not less than sufferings of the Vanni displaced civilians in May 2009.Tamil print and electronic media twisted the great exodus and diluted the event as  merely a displacement of Tamil civilians from Jaffna and adjoining areas. Tamil media played a significant role as projecting the Sri Lankan state and the Sinhala people as racists.The irony is the owners of the private Tamil media have been living among Sinhalese people in Colombo and other places. There are thousands of Hindu temples, mosques and Tamil medium schools outside north and eastern provinces. Tamils and Muslims own residential and business properties in plenty outside North and eastern provinces. A minor incident is enlarged and blown up out of proportion by the Tamil media and marketed abroad for the consumption of the global media. The principles of ethical journalism truthfulness, accuracy, objectivity, impartiality, fairness and public accountability have been dumped by them . The Tamil media was publishing inaccurate news  on the civilians deaths  during the last stages of the  military operation quoting unknown websites and non existing welfare workers from the war zone.   The  Sri Lankan media activists loudly shout that the  Sri Lankan media does not have freedom. It is not acceptable. Our media habitually publish news criticizing the government and leaders and go to the extent of publishing offensive articles of even the family members of the Sri Lankan president. International media organizations awarded Sri Lankan journalists for couragely exposing the misdeeds of the government. None of the Tamil journalists so awarded wrote any thing about the atrocities of the LTTE ,but still they were commended for journalism.

Silent revolution of the Tamil civilians

The aid to the war zone was usurped by the LTTE and distribution to the civilians was done under the strict control of the LTTE. It was a well known fact that LTTE had been exploiting the aid distribution to extend control over civilians. LTTE kept their own community in starvation and also they recruited the same starved children as child soldiers.  LTTE carried out forced child recruitment, forcing elderly people to join the fighting cadres and using civilians as shield against advancing troops by controlling food for them. This method alienated the people from the once powerful LTTE and people realized LTTE were really anti people forces, not freedom fighters. This situation tarnished LTTE’s image and respect among their own community. The LTTE lost their   important base, the peoples support.This was mainly the starting point of the end of the LTTE. Despite the LTTE goons’ oppression and suppression Tamil civilians started flowing into the area controlled by the security forces in their hundreds, indicating that the LTTE was no more able to exercise tight control over them.The entrapped people had the courage to risk their lives and cross over to the government controlled areas.In other words the Tamil civilians entered the war on the security forces side against their one time rulers LTTE.

The alliance of the Tamil civilians of Vanni and the Sri Lankan security forces successfully defeated the evil forces. Hopefully this had created the ending of LTTE dreams in the north and east.Many analysists failed to comprehend this factor. What would have been the position of the security forces if the Tamil civilians chose to stay with the LTTE during the last stages of the operation?. Security forces could not have mounted military attacks at the LTTE.It is the people who decided the outcome of the military operation. Rejection of LTTE by the Tamil civilians and defeat of terrorism was self made by the powerful tigers which were proved to be paper tigers at the end.

Resettlement of IDPs –a massive challenge

Having liberated the Tamils from the clutches of the LTTE the GOSL had to face a bigger challenge  to provide the urgent and basic amenities to the 300,000 internally displaced population.GOSL had to face twin problems of liberating the Tamil civilians from the terrorists and attending their  immediate  needs.The challenges were huge.With many logistical and financial constraints, the GOSL was successful in attending the immediate needs of the displaced cilvilains to  a somewhat satisfactory level.Of course the Herculean task was not without shortcomings. It is understandable. It is very unfortunate that the stake holders, international community,UN and other powers should have intervened to extend a helping hand to GOSL which proved to the world that terrorism could be eliminated while protecting the civilians more than 300,000,entrapped under the LTTE control.Instead the responsible  head of the UN chose the wrong path which only satisfy the sympathizers of terrorism and the unseen elements working under the guise of champions of human rights.However the GOSL showed the world how a tiny island with limited resources could handle a huge humanitarian crisis within a comparatively short period.Of  course the experience gained in rehabilitation of IDPs for the last two decades and the Tsunami rehabilitation  contributed towards rehabilitating the currently displaced,

War crimes

Paul Harris, one time Jane’s Intelligence Review correspondent in Colombo said  there was a chance emerging for the international criminal court to bring Velupillai Prabhakaran before justice for personally choosing boys aged 14- 16 as suicide bombers, among other crimes. During the last decade the global press particularly the western extensively carried articles on the Cambodian communists under the Polpot leadership and loads of stuff were written about the killing fields of  Polpot.The  terrorist cult propelled by LTTE is much dangerous, venomous and lethal than the Polpot clique. Though many countries banned the LTTE, western countries failed to grasp the nature of the Sri Lankan problem and the front organizations of the LTTE were permitted to operate in those countries. Ethnic cleansing was a key word of the LTTE campaigners to criticize the GOSL through their manipulations.  Truth is, LTTE was solely responsible for ejecting the Muslims from their traditional homeland in 1990s.The muslims people are still languishing in many places. There is no more strong case than this to charge LTTE for crimes against humanity.

Pro LTTE Tamil Diaspora

Despite being banned in over 30 countries, pro LTTE Tamil Diaspora and propaganda machinery enabled the LTTE to promote themselves as freedom fighters who were the ‘sole’ representatives of the‘oppressed’ Tamils in Sri Lanka.LTTE foreign branches raised vast funds from Tamils in Canada, Britain, Switzerland, Australia, Singapore and Malaysia.Assortment of weapons  were procured from these funds.It was estimated that   by some accounts they collected $1 million a month from expatriate Tamils. They also operated petrol stations, restaurants and small shops around the world. They even owned ships through front companies.Human smuggling  was masterfully orchestrated by the LTTE with the active participation of pro LTTE diaspora.The liberal attitude  of western countries towards granting asylum status to refugees was totally abused and misused by economic asylum seekers.There were instances even Sinhalese,Muslims of Sri Lanka and south indian Tamils sought asylum in the western countries with forged and manipulated documents posing as Sri Lankan Tamils.However the western countries did realize after a long period the true nature of asylum seeking enterprise.

Panel of Experts

It is a fact that none of the decision-making bodies of UN, the Security Council or the General Assembly  asked the Secretary General to appoint such a panel of experts. In fact when a resolution was moved in the Human Rights Council it was defeated by substantial majority 29 to 12. In the circumstances one can not understand how the Secretary General appointed a panel to advise him on issues alleged to have taken place towards the end of the conflict in Sri Lanka. The Secretary General seems to have been influenced by certain individuals and parties that are hell-bent with applying pressure on Sri Lanka rather than with finding out how the conflict ended. One has to remember that terrorism was defeated after nearly three decades of fighting and there was jubilation among  all the people of Sri Lanka.The whole country  particularly the northern Jaffna has started to reap the benefits in the new environment after  the successful elimination of terrorism.

It was indeed  a humanitarian operation where a very large number of civilians were rescued from a very organized terrorist outfit. This humanitarian mission was an unprecedented one in the history of mankind. It is obvious that there have been many attempts by certain countries and NGOs and groups to stop the last onslaught and save the LTTE leadership.The GOSL  did not cave into the pressure. The vast majority of members of United Nations have either opposed the appointment of a panel or have not expressed their views. The Non Aligned Movement (NAM) objected to this proposal of the Secretary General. The NAM consists of 117 members of United Nations. That’s a significant majority of the total UN membership of 192 nations. It is very distressful that human rights violence is occurring on a daily basis in many theatres of conflicts.  There are no moves being made to take constructive steps to prevent these. But steps like the one UNSG  has suggested  expose the dilemma of the office of the SG.There have many global conferences,forums and workshops  on terrorism.The only successful country in the world to have completely eradicated terrorism is insulted and abused by the UNSG.Instead,GOSL should be  supported politically and economically to fulfill the tasks of rehabilitating the IDPs and developing the war torn north and east of the country.

Before concluding I deem it appropriate to quote the last para of an article penned by the  writer and appeared in the Sunday Times in December,2007 under the caption of Louise Arbour’s visit to Sri Lanka-A view from Jaffna.

UN Officials in Colombo have to share a significant portion of the blame in their contribution towards the formulation of policy positions and options on Sri Lanka.A typical example was the condolence message issued by the UN at the demise of a senior member of LTTE, Kausalyan who was believed to have been killed by their rival group. Where in the world could you witness the UN, mandated with the solemn duty and responsibility of maintaining world peace and security issuing Condolence message on the demise of a terrorist. As a person living in Jaffna who has undergone untold hardships, I am optimistic peace will dawn in the near future in our motherland. The terror outfit which is being cornered by the international community should not be provided with much needed oxygen by responsible organizations, particularly by UN. I have strong faith in the importance of the rule of law, democracy and good governance. But these noble ideas and concepts should not be in any way place impediments to the elimination of terrorism and bringing to book the leaders of the LTTE for their crimes against humanity.’

Western Superpowers should hang their heads in shame

November 12th, 2018

By Garvin Karunaratne  former G.A. Matara

Instead of reflecting back on their ignominious past, the Ambassadors of the UK, the USA among others have thought it fit to at first declare that the decision of the President of Sri lanka to remove the Prime Minister and replace him with another as unconstitutional. Later once our President had dissolved Parliament, they yet state that it was unconstitutional. According to the Constitution it is only the President that has the right  to change or appoint a Prime Minister. Former Supreme Court  Chief Judge Sarath Silva and Minister Wijeydasa Rajapaksa have proved that the Presidents decisions are in keeping with the Constitution.

.  If a Prime Minister appointed by the President  is not acting in the interests of the country and its people, by opening up the country for foreigners and foreign countries to rule, selling family silver,  neglecting the masses- relegating them to the depths of poverty, then is it not better  that the President  took action before the masses had their say in an open revolt by storming the Bastile. Sri Lanka experienced mass uprisings in 1971 and again in 1987. That bloodbath had better be avoided.

The Ambassadors of the countries-the USA, the UK, the EU etc should actually be hanging their heads in shame, if they only know their past.

The  riches of the USA was built on the sweat and blood of the slaves from Africa. The real inhabitants of the USA, The Native Indians, from whom the land of the USA was wrested, are yet  held in reservations and  even today suffer from severe hardship- deprived of basic health and education. Deprivation was  etched into my batchmates that came to Michigan State University from among the American Indians..

The UK  of all countries should realize that their wealth today was derived from the riches accumulated from the colonies. In my words, the accumulation of wealth from the colonies was vast… When  Robert Clive, of the East India Company, acting on a charter from  Britain, defeated the rule of Bengal,  2750 million pounds sterling  was sent to Britain…. in the first eight years of company rule, 5.9 million pounds was extracted out of Bengal….In the 1770 famine when a third of the Bengal population died, more tax was collected than in the earlier year.”From How the IMF Sabotaged Third World Development)

In Sri Lanka the colonial British were ruthless. When the people rebelled in 1918, the British adopted a scorched earth policy killing all cattle, destroying paddy fields and tanks(reservoirs). They killed all males over 18. years of age.

That is all in the past, a past that can never be forgotten or forgiven.

In most recent times too the major powers have,  when they decide,  ignored democracy. Take the 2000 US Presidential Election, where the victory  was clinched by the US Supreme Court decision to stop the counting of votes in Florida. As Alexander Cockburn said, Back in the 1980s we radicals used to write about  ‘demonstration elections’  conducted in countries like El Salvador at the instigation of the US management and micromanaged by the CIA…. We have just had a peaceful and non lethal version of these ‘demonstration elections’ in Florida and no calls for closure will erase that national disgrace, least of all in the minds of those  who were denied their democratic rights.”(LA Times, Dec 15, 2000)(From Garvin Karunaratne: The Administrative Bungling that hijacked the 2000 US Presidential Election(The University Press of America)

This disgrace was followed by an additional disgrace in the 2004 US Presidential Election when the election was decided by faulty voting machines. It was clear that the voting machines were really doing the voting and not the people who voted. Though it was evident there was no back up documents to check. The winner was decided by the Voting Machines. My book: The Electronic Stealing of the 2004 US Presidential Election (Amazon.com)  tells it all.

The USA as well as the UK stand tainted with being the most undemocratic countries one can find when it is in their interests. Read through what the USA did when they wanted to grab the islands of the Chagossian Archipelago in the Indian Ocean to build up a naval arsenal:

The Chagossian Islanders were the original inhabitants of the Chagos islands in the Indian Ocean. They  were thrown  out of the Chagossian Islands  when Britain decided to have an uninhabited island to hand over to the USA  to have a military base Britain then moved 2000 Chagossians by force from 1967 to 1973 first to Peros Banhos, a hundred miles away and later to Mauritius. By a Court Judgement, Justice Ousley of the High Court denied the right of the Islanders to return to the Chagos islands.. This was overturned by the High Court on May 11, 2006 and the islanders were authorized to return to the islands. At last it looked as if the islanders won to get beck to their homes. But the British Government  appealed to the House of Lords against that decision and the Court of Appeal on October 22, 2008 and the Law Lords ruled that the islanders had no right to return.

Let me quote the accepted British Journal, The New Statesman:

…”No sooner do the Chagossian islanders achieve victory in one legal case, then the Government (of Britain) appeals and the heavy legal machinery once again clunks into gear. And this time the reason as the Foreign and Commonwealth office spokespersons are very keen to explain to anyone prepared to listen, is that there is an urgent need to defend the  status of all British overseas territories including Bermuda, Gibraltar and Cayman Islands.

The  Court of Appeal Judgement in May this year ruled that the British Government had abused its power in evicting the Chagossians from their paradise islands.”(New Statesman 20/11/2007)

The United States of America yet rules the waves of the Indian Ocean with its base at Diego Garcia, equipped now with the 30,000 lbs bunker buster bombs loaded onto B2 bombers, while the Chagossians- 2000 of them are lingering in far off countries as refugees- now in their second generation. This is the Human Rights Record of Great Britain and while all this did happen the United Nations did not move one finger to help them. Please read the New Statesman: …”A resolution to the long running British injustice to the Chagos islanders could have signaled a switch in UK Foreign Policy’.20/11/2007

It would behove of our Ambassadors to speak on the democratic rights of people, after finding facts. It is on record that the USA  spent  $ 585 millions to subvert the voice of the people in Sri Lanka, Myanmar and Sri Lanka(Statement by John Kerry in 2016:Quoted in The Island:7/11/18). It was to get Sri Lanka to change towards Western ideals, rather more to make our Third World countries to continue to contribute to the wealth of their countries by following the Open Liberalized Economy forced on the countries since the days of President Ronald Regan and Margarate Thathcher. Following that IMF teaching has made countries like Sri lanka that did not have a foreign debt to become debted so that they can be controlled like colonies once again- this time the conquest was not with the gun but with financial missiles. (From: How the IMF Sabotaged Third World Development(Kindle)

It would be good for our Ambassadors from the USA, UK, Canada, the EU and Australia to realize that by your current actions too you are subverting the democratic voice of the people.

It would behove of all countries to respect the sovereignty of independent countries.

Garvin Karunaratne,

PhD Michigan State University   10/11/2018

Author of:

The Administrative Bungling that Hijacked the 2000 US Presidential Election,(The University Press of America)

The Electronic Stealing of the 2004 US Presidential Election (Amazon.com)

How the IMF Sabotaged Third World Development(Godages/Kindle)

කතානායකගේ කල-බලය

November 12th, 2018

ආචාර්ය වරුණ චන්ද්‍රකීර්ති

අපේ රටේ විධායක බලය වගේ ම ව්‍යවස්ථාදායක බලයත් අයිති ජනතාවට. ඒත් අපට එකතුවෙලා ඒ බලය ක්‍රියාත්මක කරන්න අමාරුයි. ඒ හින්දා, අපි ඒ වැඩේ කරවගන්න කට්ටියක් පත් කරගන්නවා. ඒ කට්ටියට අපි කියන්නේ පාර්ලිමේන්තු මන්ත්‍රීවරු කියලා. මේ කාරණය අපි නැවතත් හොඳින් හිතලා තේරුම්ගන්න ඕන. ව්‍යවස්ථාදායක බලය අයිති ජනතාවට. අපි ඒ බලය පාවිච්චිකරලා අපිට ඕන නීති සම්පාදන වැඩ කරවගන්න තෝරාපත් කරගන්න කට්ටිය තමයි පාර්ලිමේන්තු මන්ත්‍රීවරු කියලා කියන්නේ. අපි මේ අයට භාරදෙන්නේ නීති අණ පනත් පනවන වැඩේ. අපේ විධායක බලයට අදාළ වැඩ කරලා දෙන්න කියලා අපි මේ කට්ටියට කියලා නෑ. අපේ විධායක බලයට අදාළ වැඩ කරවාගන්න අපි වෙනත් කෙනෙක් පත් කරගන්නවා. ඒ තමයි අපේ රටේ ජනාධිපතිවරයා.

අපේ විධායක බලය තනියෙන් ක්‍රියාත්මක කරවන්න බැරි හින්දා ජනාධිපතිවරයා තමන්ගේ හවුලට කට්ටියක් පත් කරගන්නවා. ඒ අයට අපි කියන්නේ අමාත්‍යවරු කියලා. ඊට අමතරව අගමැතිවරයකුත් පත්කරගන්නවා. අගමැතිව පත්කරනවා කියන්නේ, අමාත්‍යවරු පත්කරනවා කියන්නේ නීති රීති සම්පාදනයට අදාළ ව්‍යවස්ථාදායක කටයුත්තක් නෙවෙයි. ඒක විධායක කටයුත්තක්. ඒ හින්දා, පාර්ලිමේන්තු මන්ත්‍රීවරුන්ට මේ වැඩේ කරන්න පුළුවන්කමක් නෑ. ඒක කරන්න ඕන අපි අපේ විධායක බලය නියෝජනය කරන්න පත් කරගත්ත තැනැත්තා. ඒ කියන්නේ විධායක ජනාධිපතිවරයා.

අපේ ආණ්ඩුක්‍රම ව්‍යවස්ථාව සංග්‍රහ කරලා තියෙන්නේ මේ කටයුතු අවුලක් නැතුව කරගෙන යන්න පුළුවන් වෙන විදිහට. ඉතින් විධායක ජනාධිපතිවරයා අපේ බලය නියෝජනය කරමින් කරන්න ඕන කටයුතුත් පාර්ලිමේන්තු මන්ත්‍රීවරුන් අපේ ව්‍යවස්ථාදායක බලය නියෝජනය කරමින් කරන්න ඕන කටයුතුත් බොහොම පැහැදිළිව අපේ ආණ්ඩුක්‍රම ව්‍යවස්ථාවේ දක්වලා තියෙනවා.

ජනතාවගේ විධායක බලය ක්‍රියාත්මක වෙන්නේ ඉහළ සිට පහළට. ඒ කියන්නේ අපි ජනාධිපතිවරයාට පවරපු විධායක බලය ක්‍රියාත්මක කිරීමේ වගකීම තමන් යටතේ පත් කරගන්න නියෝජිතයන්ට පවරන්න ඔහුට පුළුවන්. ඇමැතිවරු තමයි ඒ විදිහට පත් කරගන්න නියෝජිතයෝ. මේ අයට ජනතාවගේ විධායක බලය පැවරෙන්නේ ජනාධිපතිවරයා හරහා. ඒ කියන්නේ ඉහළින් පහළට.

එතකොට කතානායකවරයා?

කතානායක කියලා කියන්නේ අපේ විධායක බලය ක්‍රියාත්මක කරවන්න අපි පත් කරගන්න කෙනෙක් නෙවෙයි. කතානායක තනතුරට පත්වෙන්නේ ජනතාවට අයිති ව්‍යවස්ථාදායක බලය ක්‍රියාත්මක කරවන්න පත් කරගන්න අයගෙන් එක් කෙනෙක්. ඔහු විසින් කරන්න ඕන ප්‍රධාන ම කාර්යය වෙන්නේ පාර්ලිමේන්තුවේ මූලාසනය දැරීම. මේ ගැන කියන්නේ අපේ ආණ්ඩුක්‍රම ව්‍යවස්ථාවේ තියෙන 64. (5) වගන්තියේ.

එතකොට කතානායකට ජනතාවගේ විධායක බලය ක්‍රියාත්මක කරන්න බැරි ද?

කතානායකට ඒ තනතුරේ ඉඳගෙන ජනතාවගේ විධායක බලය ක්‍රියාත්මක කරන්න බෑ. හැබැයි කතානායක තනතුරට පත්වෙච්ච කෙනාට ජනාධිපති පුටුවේ වාඩිවෙන්න යම් ඉඩකඩක් ව්‍යවස්ථාවේ නැහැයි කියලා කියන්න නම් බෑ. අපේ ආණ්ඩුක්‍රම ව්‍යවස්ථාවේ 31. (3), 31. (4), 37. (1), 37. (2), 37. (4), 38. (1), 38. (2), 39. (2), 40. (ඇ) කියන වගන්තිවල මේ ඉඩ ගැන විස්තර පැහැදිළි කරලා තියෙනවා.

කතානායකවරයාට මේ වරම ලැබෙන්නේ ජනාධිපති ධූරයත් අගමැති ධූරයත් දෙක ම හිස්වෙලා තියෙන අවස්ථාවක. එහෙම වෙලාවට කතානායකට පුළුවන් ජනාධිපති ධූරයේ වැඩ බලන්න. ජනාධිපති ධූරයේ වැඩ බලනවා කියලා කියන්නේ අපේ විධායක බලය ක්‍රියාත්මක කරන වැඩේට කරගහනවා කියන එකනේ. ඉතින් අන්න ඒ වෙලාවට මේ විදිහට ජනාධිපති ධූරයේ වැඩබලන කතානායකවරයාට පුළුවන් අගමැතිවරයෙක් පත් කරගන්න. ඇමැතිවරු ගැන තීරණගන්න.

හැබැයි මේ සෙල්ලම කරන්න අර විදිහට තමන්ට ඉහළින් තියෙන තනතුරු දෙක ම හිස්වෙලා තියෙන්න එපායැ. ඒ හින්දා කලබල වෙලා බෑ. ටිකක් ඉවසන්න ඕන. මොකක් හරි චාන්ස් එකකින් ඒ තනතුරු දෙක ම හිස් වුනොත් කතානායකටත් පුළුවන් අපේ විධායක බලය ක්‍රියාත්මක කරවන්න.

පහුගිය දවස්වල කලබැගෑනියක් ඇතිවෙච්ච වෙලාවේ මෙහෙම ඉඩක් ඇතිවුනේ නෑ. ජනාධිපති ධූරය දරන කෙනෙක් හිටියා. ජනාධිපතිවරණයේ දී ජනතාව පවරපු විධායක බලය ක්‍රියාත්මක කරලා ඒ පුද්ගලයා හිටපු අගමැතිවරයාව ඉවත්කළා. අලුතින් අගමැතිවරයෙක් පත්කළා. මේක දැක්ක ගමන් අපේ කතානායකතුමා කලබල වුනා. එතුමා හිතුවා අගමැති පත්කරනවා කියලා කියන්නේ ජනතාවගේ ව්‍යවස්ථාදායක බලයට අයිති කටයුත්තක් කියලා. අගමැතිවරයෙක් පත්කරනවා කියලා කියන්නේ, ඇමැතිවරු පත්කරනවා කියලා කියන්නේ නීති සම්පාදනය කරන වැඩේට අදාළ වැඩක් නෙවෙයි කියන එක ඒ මහත්තයාට අමතක වුනා. අඬන්න ඉන්න මිනිහාගේ ඇහැට ඇඟිල්ලෙන් අනිනවා වගේ ඇමෙරිකානු ජනපද සංගමයේ, යුරෝපා සංගමයේ, ඕස්ට්‍රේලියාවේ කට්ටිය මේ අවුලට පොහොර දාන්න පටන්ගත්තා.

අන්තිමට ජනාධිපතිවරයා කළේ ජනතාව පවරපු විධායක බලය පාවිච්චි කරලා පාර්ලිමේන්තුව විසුරුවලා දාන එක. දැන් ඉතින් පාර්ලිමේන්තු මැතිවරණයකට කාලය උදාවෙලා. මේ මැතිවරණයේ දී තමන්ගේ ව්‍යවස්ථාදායක බලය නියෝජනය කරන්න පිරිසක් තෝරා පත්කරගන්න ජනතාවට පුළුවන්.

අපේ ඡන්දය ලබාගෙන තේරි පත්වෙන අය ඒ පමණකින් ම මන්ත්‍රීවරු බවට පත් වෙනවා ද? මේ කාරණය නම් ටිකක් අපැහැදිළියි. යම් අපේක්‍ෂකයෙක් වැඩි ඡන්ද ප්‍රමාණයක් ලබාගෙන පාර්ලිමේන්තු මන්ත්‍රීවරයෙක් බවට පත්වෙන්න අවශ්‍ය වරම ලබාගන්නවා. ඒත් ඔහු පාර්ලිමේන්ත්‍ර මන්ත්‍රීවරයෙක් බවට පත්වෙන්නේ ඒ සඳහා අවශ්‍ය මූලික ප්‍රතිඥාව (දිවුරුම) පාර්ලිමේන්තුව ඉදිරියේ ලබාදීලා ඒකට අත්සන් තිබ්බාට පස්සේ. අපේ ආණ්ඩුක්‍රම ව්‍යවස්ථාවේ 63 වැනි වගන්තියේ මේ ගැන කියනවා. මේ ප්‍රතිඥාව (දිවුරුම) ලබාදීලා අත්සන් කරන තාක් කල් අපි තෝරා පත්කරගත්ත අයට කරන්න පුළුවන් කතානායක තෝරා පත්කරගන්න වැඩේට සම්බන්ධ වෙන්න විතරයි. ඒ හැරෙන්න “පාර්ලිමේන්තුවේ අසුන් ගැනීම හෝ පාර්ලිමේන්තුවේ දී ඡන්දය දීම” මේ අය විසින් “නොකළ යුත්තේ ය” කියලා 63 වැනි වගන්තියෙන් කියනවා.

ඉතින් 2015 අගෝස්තු 17 වැනි දා පවත්වපු මහ මැතිවරණයේ දී පාර්ලිමේන්තු ආසන හිමි කරගත්ත අය 2015 සැප්තැම්බර් 1 වැනි දා පාර්ලිමේන්තුවට එක් රැස්වුනා. එහෙම රැස්වෙලා මුලින් ම කළේ කතානායක තනතුරට කරු ජයසූරිය මහත්තයාව තෝරා පත්කරගන්න වැඩේ. ඊට පස්සේ රනිල් වික්‍රමසිංහ මහත්තයා නිමල් සිරිපාල ද සිල්වා මහත්තයා එක්ක එකතුවෙලා කරූ ජයසූරිය මහත්තයාව මූලාසනයට එක්කරගෙන ගියා. මූලාසනයේ වාඩිවෙලා එතුමා මුලින් ම කළේ තමන්ව කතානායක තනතුරට තෝරා පත් කරගත්ත එක සම්බන්ධයෙන් හැම දෙනාට ම ස්තූති කරන එක.

ඊටත් පස්සේ තමයි සභාවේ හිටිය අපේ ඡන්දයෙන් තේරුණු අයට ප්‍රතිඥා (දිවුරුම්) දෙන්න අවස්ථාව ලබාදුන්නේ. ඒ අවස්ථාවේ රනිල් වික්‍රමසිංහ මහත්තයා ඇතුළු දෙසිය විසි දෙන්නෙක් (222 ක්) මන්ත්‍රී තනතුරුවල දිවුරුම් දීලා තියෙනවා. සහභාගී නොවූ දෙන්නා ගැන සඳහනක් හැන්සාඩ් වාර්තාවෙන් හොයාගන්න අමාරුයි. ඒකට කමක් නෑ.

කොහොම වුනත් මෙතැන නොතේරෙන කාරණයක් තියෙනවා. සමහර විට මේක පාර්ලිමේන්තු සම්ප්‍රදායට අයිති කටයුත්තක් වෙන්න පුළුවන්. ඒ මේකයි. 2015 සැප්තැම්බර් මන්ත්‍රී ධූරයේ දිවුරුම් දුන්න රනිල් වික්‍රමසිංහ මහත්තයා ඊට දවස් 11 කට කලින් – ඒ කියන්නේ 2015 අගෝස්තු 21 වැනි දා; අගමැති තනතුරේ දිවුරුම් දීලා තියෙනවා. ඒ විතරක් නෙවෙයි. ඒ වෙනුවෙන් ජනාධිපති ලේකම් කාර්යාලයේ පවත්වපු උත්සවයේ දී විදේශ කටයුතු ඇමැතිවරයා විදිහට මංගල සමරවීර මහත්තයාත් අධිකරණ ඇමැතිවරයා විදිහට විජේදාස රාජපක්‍ෂ මහත්තයාත් පුනරුත්ථාපන සහ නැවත පදිංචිකිරීමේ ඇමැතිවරයා විදිහට ඩී එම් ස්වාමිනාදන් මහත්තයාත් දිවුරුම්දීලා තියෙනවා. ඊට පස්සේ ඒ උත්සවය අවසානයේ දී එක්සත් ජාතික පක්‍ෂයත් ශ්‍රී ලංකා නිදහස් පක්‍ෂයත් එකතුවෙලා ජාතික ආණ්ඩුවක් පිහිටුවන්න ඕන කරන අවබෝධතා ගිවිසුමට අත්සන් කරලා තියෙනවා.

දැන් ගැටලුව මේකයි. අලුතින් කතානායක තනතුරට පත්වෙච්ච කරූ ජයසූරිය මහත්තයා තමන්ගේ ඇස් දෙකෙන් ම දැක්කා තමන් ඉස්සරහා රනිල් වික්‍රමසිංහ මහත්තයා ඇතුළු 222 දෙනෙක් මන්ත්‍රී තනතුරුවල දිවුරුම් දෙනවා. ඒත් එහෙම දිවුරුම් දෙන්නත් කලින් රනිල් වික්‍රමසිංහ මහත්තයා අගමැති තනතුරේ දිවුරුම් දීලා. හැබැයි අපේ ව්‍යවස්ථාවේ හැටියට ජනාධිපතිවරයා විසින් අගමැතිවරයා ලෙස පත් කරගනු ලැබිය යුත්තේ තමන්ගේ මතයේ හැටියට පාර්ලිමේන්තුවේ විශ්වාසය උපරිම වශයෙන් ඇති පාර්ලිමේන්තු මන්ත්‍රීවරයා. මේ ගැන කියන්නේ ආණ්ඩුක්‍රම ව්‍යවස්ථාවේ 42. (4) වගන්තිය.

පාර්ලිමේන්තුවේ දිවුරුම් දුන්න මන්ත්‍රීවරු එක් කෙනෙක්වත් 2015 අගෝස්තු 21 දා වෙද්දි හිටියේ නෑ. මොකද රනිල් වික්‍රමසිංහ මහත්තයා ඇතුළු 222 දෙනෙක් මන්ත්‍රී තනතුරුවල දිවුරුම් දීලා තියෙන්නේ 2015 සැප්තැම්බර් 1 වැනි දා.

මේ කාරණයෙන් පැහැදිළිවෙන්නේ මොකක්ද?

අගමැතිවරයෙක් පත්කරද්දි කතානායකවරයෙක් ඉන්නවා ද නැති ද කියන එක ගැනවත් පාර්ලිමේන්තුවේ මන්ත්‍රීවරු දිවුරුම් දීලා ද නැති ද කියන ගැනවත් හිතන්න ඕනකමක් ජනාධිපතිවරයාට නෑ කියන එක නෙවෙයි ද?

එහෙම නම් මේ වෙලාවේ අගමැතිවරයෙක් පත්කරද්දි කතානායකතුමා කලබල කළේ ඇයි? ඒක ඉතින් ඒ මහත්තයාගෙන් ම තමයි අහන්න ඕන.

ආචාර්ය වරුණ චන්ද්‍රකීර්ති

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2018 නොවැම්බර් 12

Parliament dissolved to form a People’s Government – Part II

November 12th, 2018

By : A.A.M.NIZAM – MATARA .

The first part of this article focused attention to highlight the stupid activities of the defunct and demented former speak calling on western ambassadors to urge their governments to protest against the legitimate and constitutionally permissible action taken to dismiss Ranil   Wickremasinghe from the post of Prime Minister and the commendation and appreciations extended by patriotic Sri Lankans for saving the country and about the popularity of the current Prime Minister Mr. Mahinda Rajapaksa.

This article to begin with intend to focus on views and comments presented by the Island political columnist the veteran journalist C.A. Chandraprema who is also an Attorney at Law.

In this week’s political column, he has written a lengthy article titled Resolution of Parliament is legal or illegal?” in which he makes an extensive explanation on the legal and constitutional positions relating to the dissolution-of parliament and calling for fresh elections. Chandreprema points out that under Articles e 33(2)(c), 70(5 62(2) the President is legally and constitutionally empowered to take the prudential action he has taken to overcome the crisis precipitated by the speaker’s defiance to accede to his directives as the Head of State and Head of Parliament and the government.

Chandraprema points out that Article le 70(5)stipulates among other things that upon the dissolution of Parliament by virtue of the provisions of paragraph (2) of Article 62, the President shall forthwith by Proclamation fix a date for the election of Members of Parliament, and shall summon the new Parliament to meet on a date not later than three months after the date of such Proclamation. The Gazette notification dissolving Parliament also mentions Section 10 of the Parliamentary Elections Act No.1 of 1981 which stipulates that The President shall, in every Proclamation dissolving Parliament or in any Order requiring the holding date of an election, specify the period during which nomination papers

shall be received by the returning officer; and the date on which the poll shall be taken, and all those requirements have been met in the President’s proclamation dissolving Parliament. The duty conferred on the Elections Commission by Article 104B (1) of the Constitution is that The Commission shall exercise, perform and discharge all such powers, duties and functions conferred on the Commission or the Commissioner-General of Elections, by the Constitution, and by the law relating to the election of Members of Parliament…”

He explains that Dr Jayampathy Wickremaratne had written to the Colombo Telegraph recently, arguing that the President cannot dissolve Parliament because the 19th Amendment had amended Article 70 of the Constitution so that the President cannot dissolve Parliament until the lapse of four years and six months from the date of its first meeting, unless Parliament requests the President to do so by a resolution passed by a two-thirds majority. To this he says President’s Counsel Manohara de Silva hand argued that the 19th Amendment

added to Article 33 of the Constitution the following passage – 33(2) (c)In addition to the powers, duties and functions expressly conferred or imposed on, or assigned to the President by the Constitution or other written law, the President shall have the power…to summon, prorogue and dissolve Parliament.”, and this provision in Article 33(2)(c) did not exist in the earlier Article 33 and had been specifically introduced by the 19th Amendment to the powers vested in the President. Hence the argument is that this provision had been specifically placed there to confer the power on the President to dissolve Parliament.

Chandraprema states that as it may, Parliament has now been dissolved by the President, the dates for the nomination period and the election have been fixed and the date for the new Parliament to meet has also been fixed,  I f someone goes to the Supreme Court against this dissolution, he will have to ask the SC to declare the dissolution to be illegal because article 70 says that Parliament cannot be dissolved until the lapse of four and a half years and that the 19th Amendment is more important than the right of the sovereign people to exercise their franchise. The judges of the Supreme Court no doubt observe the way the yahapalana government tried to dodge holding elections and the strenuous efforts that were made to get them to finally hold the local government elections after a delay of nearly three years. The judges of the Supreme Court will also observe the way the yahapalana government delayed provincial council elections by more than one year. They will also observed the manner in which the yahapalana government brought committee stage amendments to Bills that had been introduced in Parliament for completely different purposes, in order to completely change the system of elections to the local government and institutions and provincial councils for the purpose of indefinitely putting off elections to those bodies on the excuse that delimitation issues were causing the delay. Chamdraprema points out that the Supreme Court knows that this reluctance to hold elections was itself adding to the unrest in the country. Now at long last an election has been declared. In a context where there was dissension spreading throughout society due to the continuous postponement of elections by the yahapalana government, and he asks can anyone expect the Supreme Court to say that the holding of an election to allow the sovereign people to exercise their franchise is illegal and that the Parliamentary election should not be held?

Chandraprema also states if  any political party goes to the SC to obtain a declaration that holding a Parliamentary election is illegal and that the people should not be allowed to exercise their sovereign right through the franchise, simply because the election is being held before they completed their full term of office, what will that sound lie to the voting public who have been complaining for more than three years about long delays in holding elections? The arguments the yahapalanites will have to make in court against holding an election and the response from the other side will be worth listening to!

The UNP suffering from election phobia, fearful of facing the voters as a result of serious crimes committed by them during the last 3 ½ has said that it would mount a legal challenge against t Maithripala Sirisena’s sacking of the legislature. This has been told to AFP News Agency by the leading butterfly Quisling Mangala Samaraweera. Flaying Pre4sident Sirisena in very low derogatory manners he has said the UNP along with its allies had an absolute majority in the 225-member assembly and despite the sacking of the assembly, the party would publicly demonstrate its majority to the people. He has further stated that the will fight Sirisena in Courts, fight him in parliament and will also fight against Sirisena’s tyranny at the polls. `-This agnostic quisling who is notorious for humiliating people and was branded as the late Prime Minister Madam Sirimabvo Bandaranaike as a male prostitute has said that Sirisena was brought forward to be a Nelson Mandela of Sri Lanka, but he has become a Robert Mugabe.

The political chameleon and ship owner Rajitha Senaratne who unsuccessfully attempted to get back the Health Ministry portfolio by paying several hundred million rupees to some politicians has adopted the story of the jackal and the grapes and in their election, phobia has said there is no need for elections and they will go to the Courts against holding elections. He said that the international community (their international community is a few western countries in the world) does not recognize the new gove3rnment and they will impose sanctions against this country in the future. Together with Pa. Cha.Ranawaka, who has allegations relating to frauds in coal imports and establishing Air Pollution Testing Centres Rajitha has said that they will form a coalition if it becomes necessary for them to go to polls.

The Mahanayake theroes chief incumbents of temples throughout the country, several prelates of other religions have hailed the action taken by the President and have pointed that the President’s commendable action prevented imposing a federal constitution and dividing the country to eight provinces, denying the prime place for Buddhism which existed since the time of King Devanampiyatissa, destruction of agricultural lands and local agriculture, making the country dependent on imported food, sale of national assets, and water in th4e  tanks, entering into slavish trade agreements, and spiralling food and fuel prices etc.  General public too have expressed these sentiments.

Meanwhile, President Sirisena made a special statement to the Nation yesterday (11th) to explain about that forced him to dissolver the Parliament and call for fresh elections.  He said that the Ranil Wickremesinghe government’s complicity in the multi-billion-rupee Central Bank robbery” and the defiant and questionable conduct of parliament Speaker Karu Jayasuriya, forced him to dissolve parliament and order fresh elections. He said

Despite persistent demands, the Wickremesinghe government made no serious attempt to get Mahendran extradited from Singapore.

Parliament Speaker Karu Jayasuriya, who belongs to the UNP, refused to recognize the sacking of Ranil Wickremesinghe from the Premiership and the appointment of Mahinda Rajapaksa by the President on October 26.

Jayasuriya declared that the sacking of Wickremesinghe was unconstitutional, as according to him, the President had no unbridled power to sack a Prime Minister who enjoyed majority support in parliament.

The Speaker further said that the seat allotted to the Prime Minister in parliament would not be given to Rajapaksa. He also opposed the prorogation of parliament from October 27 to November 15 and said that he would summon parliament on his own on November 7th

(to be continued)

Ranil Wicremasinghe’s crimes against Sri Lanka and its people for forty years

November 12th, 2018

An Anguished Citizen

Recently Ranil has been going around the country doing Pooja’s and celebrating his 40 years in politics. As far as I can see he was a miserable failure as a politician. It was like 40 years of mayhem. He failed to win elections 29 times, tried to win in 2010 with Sarath Fonseka in front and failed. Then in 2014 he and CBK started a campaign of lies via social media against incumbent President Mahinda Rajapaksa with funding from foreign NGO’s. He promised cars for all, WiFi for the youth and free cell phones. Our idiotic voters fell for it and elected My3 the SLFP traitor who had hoppers with MR and then left him to contest as President of a joint front. They had secret talks with TNA and the Tamil diaspora attended by Mangala Samaraweera in Singapore and at the elections had 94% turn out of Tamils for the joint party. In spite of all these efforts, they won by a very small margin (449,072 votes). There was a lot of cheating as was shown by Dilrook Kanangara and Ravi Randeniya.

See: http://www.lankaweb.com/news/items/2015/08/14/cheating-at-the-election/

See Maithripala then and now: https://www.youtube.com/watch?v=qvntVXWtoII

My3 broke the law when he appointed RW as the Prime Minister while the Parliament already had D. M. Jayaratna. The reason he gave was that “the West wanted it so”. I assume the West was Britain/USA nexus. In turn, Ranil changed the Cabinet when there was an existing cabinet and appointed his own henchmen. He brought the Finance Ministry under his control and then appointed Arjun Mahendran as head of Central Bank while he was still a Singaporean citizen. He also appointed Paskaralingam whose bad reputation is well known by all Sri Lankans, as head of Treasury. Arjun then did the Rs. 5,000 Million insider trading bond scam. Very little has been done to investigate this matter and bring the miscreants to justice. Ranil is the chief perpetrator since he appointed Arjun Mahendran. My3 could have prevented the gigantic second bond scam that took place in 2016 if he had removed Arjun Mahendran. He is too weak to say no to Ranil.

See: http://www.lankaweb.com/news/items/2017/02/07/bond-scam/

See: https://www.youtube.com/watch?v=Fd43BclpYWo

See: https://www.youtube.com/watch?v=ogefGxwseWg

See: https://www.colombotelegraph.com/index.php/arjuna-mahendran-is-innocent-another-betrayal-by-yahapalanaya/

Even in the August Parliamentary election, My3 broke the law. First, My3 brought a court action to prevent the CC of UPFA from a meeting. Then he got information from National Intelligence that UPFA is going to win 113 seats. According to his own words in order to prevent his own party SLFP/UPFA from winning and to ensure that UNP wins, he wrote a 5-page letter to MR telling him that he will not be appointed as Prime Minister under any circumstances. He then went on tv and read it out to the public to reinforce his letter. He then removed the General Secretaries of both parties (UPFA & SLFP) and appointed his own. He removed the 13 members of the CC and appoints his own. All this was done during the period where the Election commissioner has said there should be no electioneering.  Was this not electioneering by My3 for the UNP during that period? All these actions confused our voting public. On top of that many have pointed out false ballot papers, counting errors etc. Democracy is a laugh in Sri Lanka. Nowhere else in the world will the party leader work for the opposition so strenuously. The election in January was flawed due to an unbelievable number of voter increase in North, East and Nuwara Eliya. As far as I can see both elections have been cheated. After the elections, the members of the gazetted National List were removed and My3 appointed people who had lost the vote to the National List.

See:  http://www.lankaweb.com/news/items/2015/08/25/i-wrote-that-letters-sacked-secretaries-because-i-received-intelligence-reports-that-upfa-is-on-the-verge-of-winning-president-%E0%B6%BD%E0%B7%92%E0%B6%BA%E0%B7%94%E0%B6%B8%E0%B7%8A-%E0%B6%BD/

See: https://www.youtube.com/watch?v=ZX_RF6_jQzw

See: https://www.youtube.com/watch?v=53Z2fwfgC8s

Prof. Nalin de Silva proves that My3 only got 40% of the Sinhala vote. See:  http://www.lankaweb.com/news/items/2016/01/14/press-conference-of-chinthana-parshadaya-held-on-13th-january-2016-on-the-new-constitution-and-theravada-kathikavatha/

Some of the crimes against the Sinhalese committed by CBK, My3 and Ranil are as follows:

  • When 1000 soldiers were cut off without water at Elephant Pass, CBK and her nephew Rohan Daluwatte who was the army commander, did nothing to help those men who died of thirst. She could have done so many things to help these men. Instead as Chief Commander, she did nothing !! When the LTTE blew up 11 air Lanka planes the insurance money is supposed to have gone straight into her personal account. This is unforgivable. Also read about CBK’s robbery. http://www.sundaytimes.lk/081012/News/sundaytimesnews_20.html With all this money she gathered she was able to go abroad and live in U.K. for 10 years and educate her children. She is a member of Club de Madrid which is an international group with ex-leaders from all over the world. You can read a full account of her crooked activities in Victor Ivans brilliant book “Rogue Queen”.
  • Between him and CBK they prolonged the war by listening to the so called mediators from Norway who were brought in by CBK. The Norwegians were more interested in making the LTTE win than bringing a peaceful resolution. Under their direction container loads of equipment and may be even armaments were brought in through the customs without inspection on Ranils instructions and send directly to the LTTE. Ranil demoralized the army be limiting them to the barracks and ensuring that they were not given enough money to even maintain the vehicles and munitions. See: https://www.youtube.com/watch?v=IxbGojMb1xc
  • He was involved in the release of the names of the 80 odd long range Military Intelligence group to the Parliament which resulted in the names going public. The LTTE then hunted them down and killed every one of them. Some of them were captured and tortured by them to get more names. See: https://en.wikipedia.org/wiki/Millennium_City_incident
  • Gonawela Sunil was in jail for 10 years for rape of a doctor’s daughter. As soon as JR came into power, on the advice of RW, he released G’Sunil. After that wherever RW went Gonawela Sunil went too as his “body guard”. Sunil was collecting “kappam” from the bagging plant operators at the Fertilizer manufacturing plant. Was he sharing this with RW? Since he was protected by RW he must have, at least to buy voters? Gonawela Sunil also managed to drill into a pipeline from the refinery which was sending gasoline to Kolonnawa. He was sucking it up and selling it on the black market. Again who protected him from prosecution? !!  Finally, a rival gang member shot him. That was the end of the strange relationship between Gonawela Sunil and RW.
  •  During the uprising of the JVP both in the 1970’s and the 1988-90 period it is estimated at almost 80-90,000 youth was killed most of them who were innocent. Most of the killing was done by the UNP regime while Ranil was one of the Ministers who was in charge of bringing the JVP uprising under control. He is supposed to have set up the Batalanda torture chamber under one Douglas Pieris. It is estimated that at least 15,000 youth were tortured in the most bestial manner and then killed supposedly under the direction of Ranil Wickremasinghe. The commission which was set up to inquire into these crimes recommended that Ranil’s civic rights be removed. This was not implemented by CBK. Why? All these innocent Sinhala children are crying out for justice. There are no UNHRC officials to inquire into these crimes by the UNP and Ranil. See: https://www.youtube.com/watch?v=y9t4Tv9cy60
  • He was also involved with Batalanda murders of mostly JVP lawyers, I believe, from what I heard. At the Fertilizer plant housing scheme one of the houses was acquired by RW for interrogating suspected JVP members. Many people apparently heard the screams from this house in the middle of the night when people were tortured. People also used to see bodies floating down Kelani river. The Batalanda Commission report recommended that RW’s civil rights be removed. As usual, in Sri Lanka, nothing happens to Colombians and those with memberships in International Organizations like the International Democratic Union of which Ranil is a member.

See Maithri talking against RW in 1994:  http://www.lankaweb.com/news/items/2016/01/10/batalanda/

See: https://www.youtube.com/watch?v=qqSW3cKNb7k

See: https://www.youtube.com/watch?v=4Av-d2qJ0Ys

See: https://www.youtube.com/watch?v=cV6_o9txURc

See: https://www.youtube.com/watch?v=pgVyaHJGhc45.

See: https://www.youtube.com/watch?v=y9t4Tv9cy60

  • Ranil has been insulting to Buddhism. He pretends to be Buddhist but is actually neither Buddhist or Christian when one looks at his actions at Batalanda. Anyone with an iota of humanity would not have what he is supposed to have done.

See: https://www.youtube.com/watch?v=RddXfSU0aSE

  • Ranil has always been trying to sell Sri Lanka to foreigners. Every time he got some power into his hands he set about trying to convert our economy to a capitalist economy not withstanding the fact that Sri Lanka is designated as a Socialist Republic of Sri Lanka. When he was elected as the PM he started privatizing almost 991 profit making state enterprises. Some places like the Sevanagala Sugar factory was privatized and the new owners removed the assets and ran it to the ground. Then when MR came into power he brought most of them back to being state enterprises. Now before Ranil leaves he wants to sell the most important strategically important ports to Chinese and Indians. As soon as he came into power the first step he took was to change the law which prohibited the sale of land to foreigners so that foreigners could buy large acreages of land.
  • Pure Capitalism does not work. There are many top economists who have written on the topic. One of the most outspoken has been Dr. Richard Wolf. His famous talk Capitalism hits the fan is given below. His solution for ills of pure capitalism is to have democracy in the work place. The Mondragon Corporation in Spain is actually a large number of Co-operatives under the umbrella of Mondragon. This was set up with the blessings of the Catholic Church. In the USA there are many companies which are run as co-operatives where the employees participate in the decision making of the company affairs by being on the board. In Germany which has been very successful any company with over 2000 employees have to have at least 50% of employees on the board. This is why unlike USA Germany is very successful. In 2008 when the recession hit many companies in the USA laid off people in millions. In Germany, the Govt informed the companies not to lay off any one. They suggested that they can reduce the number of hours of employees but keep all employed. In return, the German Govt paid the wages of the companies who had reduced the number of hours of employees so that no one lost any money. The net result was that the people had money in the pocket and were spending it thereby keeping the economy rolling. They hardly felt the recession, unlike the stupid USA Corporations.

Please watch https://www.youtube.com/watch?v=TZU3wfjtIJY ( Capitalism Hits the Fan – Richard Wolff)

https://www.youtube.com/watch?v=_WhZXhRS3F4 ( Austerity and Neoliberalism in Greece with Richard Wolff and Barry Herman | The New School)

  • Ranil is supposed to have agreed to a bridge to Sri Lanka from India in 2002. We can be sure it is on his agenda if he remains as PM. In an export oriented economy which is what Ranil wants one of the main requirement is cheap labor. In order to do that, he has destroyed the agrarian economy and impoverished the rural folk. MR was trying to make the country self-sufficient in food and most commodities. In fact, before the Yahapalanaya came into power Sri Lanka was self-sufficient in rice. Now we are importing rice from Thailand, Burma, and even Bangladesh. How pathetic.

See:http://www.atimes.com/article/sri-lankans-oppose-bridge-with-india/

  • The UN has become just a puppet of the powerful countries to bully small defenseless countries. Sri Lanka has been pummelled by the UN and the UNHRC on bogus War crimes charges without any proof. Please see this excellent article on this subject: http://www.lankaweb.com/news/items/2016/09/06/who-monitors-the-monitors-iii/ On his instructions presumably, Mangla Samaraweera co-sponsored a resolution against Sri Lanka.
  • It is very obvious that Ranil Wickremasinghe has no love for the country or the people. He has been a stooge of the powerful countries right from the beginning. He came into power as the PM illegally on Jan 8’15 after the Presidential election when the spineless My3 was elected as President and he then appointed RW as PM when there were an existing PM and a Parliament with a cabinet.
  • Ranil then caused the Central Bank bond scam by appointing a foreigner as the Governor of Central Bank who proceeded to do a bond scam which has cost Sri Lanka a massive amount of money. Part of this money was used by him for the General Election in Aug 2015 which the UNP won only narrowly. Again the spineless My3 created a so-called National Govt as a coalition of the UNP and all the MPs who were rejected by the people who were brought in under the National List by the spineless My3.
  •  The current Parliament is a comedy since the TNA which got only 16 seats is the Opposition while the 52 SLFP members who did not join the coalition are in the wilderness without any official recognition. All the JO group members are harassed at every turn by another illegal group called the FCID created by RW. He seems to get all these brilliant ideas which are obviously coming from the think tanks of the powerful countries.
  •  Ranil is supposed to be trying to bankrupt the country so that we are helpless like Greece and he is also supposed to be trying to lease out 5000 acre lots of land to foreigners for 100-year leases. This will enable the Tamil diaspora to lease out most of the North and East for exclusive use by the Tamils thereby creating a separate state. He has already given 15,000 acres on a 99-year lease to a Chinese company based in Hong Kong presumably with British interests. This is a great crime against the country since if it was managed the way MR was doing it would have paid for itself in about 5 years. In the days of the King of Kandy traitors like this were pulled apart to pieces by elephants which is what he deserves.

The biggest problem Sri Lanka has is that the entire Colombo group are more or less very Westernized. They are so Westernized that they are more Western than the Westerners themselves! They talk with a big accent and if you go to any of the clubs you find the men and the women are like from another age of the West. They drink only whiskey, brandy, and imported liquor. You see girls dancing and with girls and kissing each other trying to emulate the West. They travel in luxury limousines like BMWs and Benzes. The children are sent to International Schools, as a result, they are completely divorced from the realities of Sri Lanka. The poor go to the middle east to make the foreign exchange which is used by these Colombians to maintain their life style at the expense of the development in the country. If you look at the number of luxury vehicles you cannot imagine that the country is paying 94% of its earning to pay the foreign debts. These parasites are the biggest supporters of the UNP and Ranil.

The other groups are the Christian Catholic groups who want to convert the entire island to their religion (which is a mythology) as has been done in South Korea, etc. The foreign companies who have now put deep roots in Sri Lanka also want to make sure they are secure so they support the UNP and Ranil. One of these days the dominoes will fall and when that happens there will be a massive upheaval hopefully for the better for all who are truly patriotic and love Sri Lanka.

Any other Govt which comes into power after this ridiculous puppet Govt must carry out a plan to correct all the mistakes that have been done over the years by successive Govts. We must rename the country as “Sinhale” which was the name of the country in the Treaty the British signed with the Chieftains of Sri Lanka in 1815 when they handed over the country to them.  They must have an inquiry into the activities of Ranil Wickremasinghe over the years and prosecute him. When the Batalanda commission found him guilty and removed his civic rights how did he manage to run for PM? Why is that no one raised any arguments against him?

India’s Renewable Energy Journey

November 12th, 2018

“Sad Citizen”.

India and China are making rapid strides in Solar and Wind energy generation. When Mahinda Rajapaksa was in power he set up a Solar village and was taking steps to create renewable energy generation in Sri Lanka. Then the Yahapalanaya goons came in and stopped everything Mahinda Rajapaksa had done including the Port City and shut down the Hambantota Harbor which just beginning to make a profit. Ranil the idiot and his goons should be charged for treason for doing what they did. Various Yahapalanaya officials were more interested in coal commissions from India than in generating renewable energy. Please see below how advanced India is in generating renewable energy.

ළමුන් දෙදෙනෙකුට විශේෂ ශිෂ්යත්ව දෙකක් පසුගියදා පිරිනැමුණි.

November 12th, 2018

දිනසේන  රතුගමගේ

වවුනියාව දිස්ත්‍රික්කයෙන් ඉහළම ලකුණු ලබාගෙන මෙවර පහ  වසර ශිෂ්‍යත්වයෙන් සමත් වූ ළමුන් දෙදෙනෙකුට විශේෂ ශිෂ්යත්ව දෙකක් පසුගියදා පිරිනැමුණි.

වන්නි ආරක්ෂක සේනා ආඥාපති මේජර් ජෙනරාල් කුමුදු පෙරේරා මහතාගේ ඉල්ලීමක් මත ඔවන්ගේ අධ්යාපන කටයුතු අවසන් වන තෙක් ශිෂ්යාධාර මුදලක්  ලබා දීමට කැනඩාවේ ශ්රී ලාංකික යුවලක් වන වෛද් අශෝක වීරසිංහ මහතා හා ඔහුගේ බිරිඳ වෛද් නන්දනී විරසිංහ මහත්මිය ඉදිරිපත් වී එම විශේෂ ශිෂ්‍යත්ව දෙක  ලබා දෙන ලදී.

වන්නි ආරක්ෂක සේනා මූලස්ථානයේදී පසුගියදා මුල්ම ශිෂ්යාධාර මුදල සිසු දැරියන් හා ඔවුන්ගේ දෙමාපියන් වෙත භාරදුන් අතර මසකට රුපියල් 2500/ බැගින් මෙම අධාරය අඛණ්ඩව ලබා දිමට නියමිතය.

වවුනියාව සිවපුරම් පදිංචි ශිෂ්යත්ව ලකුණු 197ක් ලබාගත් හරිතිකා හසුන්ජා දියණියට හා ගනේෂපුරම් පදිංචි ලකුණු 189 ක් ලබා ගත් අර්.නිවර්සනා දියණියට මෙම ආධාර මුදල හිමිවිය.

මෙම අවස්තාවට මේජර් ජෙනරාල් කුමුදු පෙරේරා, බ්රිගේඩියර් ජයම්පති තිලකරත්න යන මහත්වරුන් පාසල් විදුහල්පතිවරුන් හා ළමුන්ගේ දෙමාපියන්ද එක්ව සිටියහ.

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තනි රජයක් පිහිටුවීමට මෙවරත් හැකියාවක් ලැබෙන්නේ නැහැ-දෙමළ ජාතික සන්ධානයේ නායක ආර්.සම්බන්ධන්

November 12th, 2018

දිනසේන රතුගමගේ

පාර්ලිමේන්තු මහමැතිවරණය සදහා නාම යෝජනා ලබා දීමට පෙර සියළු දෙමළ දේශපාලන පක්ෂ එක මිටියකට ගැනීමට උත්සහ කරණ බව දෙමළ ජාතික සන්ධානයේ නායක ආර්.සම්බන්ධන් මහතා පවසයි.

යාපනයේ දෙමළ මාධ් කීපාය්ක් විසින් රටේ වත්මන තත්ත්වය පිළිබදව  සම්බන්ධන් මහතාගෙන් කරුණු විමසූ විට ඔහු මෙසේ පවසා ඇත.

තව දුරටත් අදහස් දැක්වූ සම්බන්ධන් මහතා මෙසේද කියා සිටියේය.

දකුණේ රජයන්  මේ රට තුළ සිටින දෙමළ වැසියන්ගේ  ප්රශ්න විසදීමට වඩා ඔවුන් බලයට පත්ව බලය රදාපවත්වා ගන්නේ කෙසේද යන්න පිළිබදව දැඩි විමසිල්ලකින් සිටින බව පසුගිය ඔක්තෝබර් 26 වෙනිදා සිට මේ දක්වා ඉතාම පැහැදිලිව පෙනෙන්නට තිබෙන කාරණයකුයි.

දකුණේ පවතින මෙවැනි බල ලෝභී දේශපාලනයක් තුළ රටේ දෙමළ ජනතාවගේ ප්රශ්න විසදන බවක් පෙනෙන්නට නැහැ.ඔවුන් හිතුමතේට  බලය සොයාගෙන යන ගමනක නිරතව සිටිනවා.මේ දේශපාලනඥයින් උදේ ප්රකාශ කළ දේ දහවල් කාලයට වෙනස් කරණ පිරිසක් වෙලා.මේ අය කියන කරණ දේවල් විශ්වාස කළ නොහැකියි.

දේශපාලන ගමනක් යාමට දැඩි විශ්වාසයක් තිබිය යුතුයී.මේ විශ්වාසය  දකුණේ දේශපාලාන්ඥයින්ගෙන් ප්රකාශ නොවන විට දෙමළ දේශපාලනඥයින් ඉතාම තරයේ කලපනා කළ යුතු කාරණයක් තිබෙනවා.

දකුණේ දේශපාලනඥයින් අතර සමගියක් විශ්වාසයක් පැහැදිලි ඉදිරි ගමනක් නොමැති නිසා ඔවුන් කුලල් කා ගනිමින් ඉතාම අසීරු ගමනක් යමින් සිටිනවා.මේ තත්ත්වය උදාහරණයට ගනිමින් දෙමළ දේශපාලනඥයින් කළ යුතුව ඇත්තේ සියළු ප්රශ්න මතභේද අවසන් කොට සියළු දෙමළ දේශපාලනඥයින් එක්ව කටයුතු කිරීමයි.

පාර්ලිමේන්තු මැතිවරණයක් පැමිණ තිබෙනවා.මේ තත්ත්වය සියළුම දෙමළ  දේශපාලනඥයින්ටත් දෙමළ ජනතාවටත් ඉතාම බුද්ධිමත්ව කටයුතු කිරීමට හොද අවස්ථාවක් වී තිබෙනවා.

පසුගිය කාලයේ දකුණේ දේශපාලනයේ පැවති අස්ථාවරභාවය  ඉදිරියේදී පාර්ලිමේන්තු  මැතිවරණයක් පැවැත්වීමෙන් තුරන් වන බවක් පෙනෙන්නට නැහැ.

එක් දේශපාලන පක්ෂයකට විශාල බලයක් ලබා ගෙන ඉතා ශක්තිමත් හා තනි රජයක් පිහිටුවීමට මෙවරත් හැකියාවක් ලැබෙන්නේ නැහැ.මේ නිසා රජයක් කරගෙන යාමට මී ළග අවස්ථාවේදීත් සුළුජන පක්ෂ වල සහය අනිවාර්යෙන්ම ලබා ගැනීමට සිදුවනවා.මේ තත්ත්වය සියළුම දෙමළ දේශපාලන පක්ෂ තේරුම් ගත යුතුයි.

මේ අවස්ථාවේදී උතුරෙන් සිදුවිය යුත්තේ  නව නව දේශපාලන පක්ෂ පිහිටුවමින් දෙමළ දේශපාලානඥයින් භේද බින්න කිරීමත් දෙමළ ජනතාව භේද භින්න කිරීමත් නොවෙයි.උතුරු නැගෙනහිර දෙමළ ජනතාවගේ අයිතිවාසිකම් සුරක්ෂිත කරගැනීමට හැකි නව දේශපාලන විසදුමක් මේ ප්රශනයට ලබා ගැනීමයි.මේ උත්සාහයේදී දෙමළ ජනතාව ලබා දෙන බලය එක්තැනකට ලබා ගෙන බලය ඔස්සේ රජයෙන්  දෙමළ ප්රශනයට විසදුමක් ලබා ගැනීමට සෑම දෙමළ දේශපාලනඥයෙකුම කටයුතු කළ යුතු වෙනවා.

දැනට ක්රියාත්මක දෙමළ දේශපාලන පක්ෂ සියල්ල එකට එකතු කිරීමේ උත්සාහයක් මෙවර නාම යෝජනා ලබා දීමට  පෙර සිදු වියයුතුයි.මේ පණිවුඩය සියළුම දෙමළ දේශපාලන පක්ෂ අතරට මේ වන විට යැවීමට දෙමළ ජාතික සන්ධානය පියවර ගෙන තිබෙනවා.මේ අවස්ථාවේ ඇත් බැරෑරුම් තත්ත්වය අවබෝධ  කරගෙන දෙමළ දේශපාලන පක්ෂ ඉතා සාධනීය අන්දමට කටයුතු කරණු ඇතැයි බලාපොරොත්තුවෙන් සිටිනවා.”

Lankan Prez says Central Bank “robbery” and Speaker’s conduct made him dissolve parliament and order fresh polls

November 12th, 2018

Courtesy NewsIn.Asia

Colombo, November 11(newsin.asia):  Sri Lankan President Maithripala Sirisena said here on Sunday, that the Ranil Wickremesinghe government’s complicity in the multi-billion rupee Central Bank robbery” and the defiant and questionable conduct of parliament Speaker Karu Jayasuriya, forced  him to dissolve parliament and order fresh elections.

Speaking on Ada Derana TV, the President said: We have seen  several political crises and changes in the past.  But since 1947 we have not seen dissolution of parliament due to issues of corruption.”

The Central Bank robbery after 2015, the involvement in various corrupt practices since then, the political crisis due to attempts to show majority support after the appointment of Mr Mahinda Rajapaksa as Prime Minister and the value placed on Members of Parliament  (in horse trading) were extremely unfortunate developments.”

Lankan Prez says Central Bank “robbery” and Speaker’s conduct made him dissolve parliament and order fresh polls
(Photo shows from Left to Right: Mahinda Rajapaksa, Ranil Wickremesinghe and Maithripala Sirisena. Photo. Getty Images)

All of you will acknowledge what a tragic situation arose when the value of the Members of Parliament, who were elected to represent the people, were commercially evaluated.”

That was one of the main reasons for the dissolution of Parliament.”

The second reason was the most peculiar behavior of the former Speaker, Karu Jyasuriya. I am extremely sad about that. He is a good friend of mine. Speakers of our Parliament since 1947, until now, had conducted themselves in a neutral and most impartial manner. I wish to state, that his behavior of disregarding Standing Orders and Parliamentary Conventions and attempting not to recognize the appointment of a Prime Minister by the President exercising his Presidential powers, was the second reason for dissolving Parliament.”

It appeared to me that, if I allowed the Parliament to be convened on the 14th, without dissolving it, it could have brought about commotion and fights, in every city and every village would lead to very unpleasant and difficult situation for the average citizens of my beloved country.”

As such, the best solution was not to allow those 225 members in the Parliament to fight each other and allow that to develop into a street fights in every part of the country. It is my duty and the responsibility to take democracy to guide us, and create the situation for the fifteen million voters in this country take the ultimate decision by choosing their members to the Parliament through a free and fair election. ”

As such, given the corrupt practices among Parliamentarians as well as the conduct of the Speaker, the best and fair solution to the political crisis that emerged was to allow the people decide in keeping with the principle of democracy. It was with that noble intention of upholding democracy that I dissolved the Parliament. I must state that a permanent and a clear solution to the current situation can be reached through a General Election.”

Central Bank Robbery

The robbery”of the Sri Lankan Central Bank took place when the Finance Ministry was in the hands of a Minister who was in Prime Minister Wickremesinghe’s United National Party (UNP) in the coalition government set up in January 2015.

Wickremesinghe appointed his friend economist Arjuna Mahendran as the Governor of the Central Bank, though the latter was a Singaporean national. Almost as soon as Mahendran assumed office he, entered into shady deals involving his  son-in-law Arjuna Aloysius’  financial, risk and investment firm Perpetual Treasuries Ltd. (PTL).

The PTL used inside information to make a killing in the sale of Treasury Bonds.

The Central Bank had initially advertised for Treasury Bonds to the tune of LKR  1 billion. But  bank Governor Arjuna Mahendran suddenly ordered to accept LKR 10 billion. Arjuna Mahedran’s decision caused interest rates to increase rapidly. PTL with inside information was ready for it and made a killing.

Four months later, Perpetual Treasuries sold the bonds to the government’sr Employees’ Provident Fund (EPF) at a higher price. Through this PTL made over LKR 5 billion in profits.

In March 2016, the then Finance Minister Ravi Karunanayake instructed  State banks to bid low. State Banks thus suffered an opportunity loss. The EPF also bid low and bought the same bonds from PTL in the secondary market at loss running into millions.

Between 2015 and 2016, the EPF purchased LKR 140 billion worth of Treasury bonds from the secondary market out of which  80 % was from PTL.

PTL had allegedly bribed dealers at the EPF to facilitate the secondary market Treasury Bond sales. PTL had engaged in transactions at the expense of EPF which had the savings of the poor employees in the government and private sectors.

An inquiry set up by the Wickremesinghe government found no wrong doing .But due to persistent demands for an impartial inquiry  a Presidential Commission was appointed which found Aruna Aloysius and his associate Palisena culpable.

Aloysius and Palisena were arrested, and an arrest warrant was issued against Governor Arjuna Mahendra, who had by then resigned and fled to Singapore.

Despite persistent demands, the Wickremesinghe government made no serious attempt to get Mahendran extradited from Singapore.

Conduct of Parliament Speaker

Parliament Speaker Karu Jayasuriya, who belongs to the UNP, refused to recognize the sacking of Ranil Wickremesinghe from the Premiership and the appointment of Mahinda Rajapaksa by thePresident on October 26.

Jayasuriya declared that the sacking of Wickremesinghe was unconstitutional, as according to him, the President had no unbridled power to sack a Prime Minister who enjoyed majority support in parliament.

The Speaker further said that the seat allotted to the Prime Minister in parliament would not  be given to Rajapaksa. He also opposed the prorogation of parliament from October 27 to November 15 and said that he would summon parliament on his own on November 7.

Jayasuriya met Western diplomats and complained about the unconstitutional actions of the President. He also opposed the dissolution of parliament on the grounds that the President had no unbridled power to dissolve parliament under the 19 th. Constitutional Amendment of 2015.

 

Exposing the hypocrisy of the champions of ‘Rule of Law & Democracy’: Removal of a Chief Justice in Sri Lanka

November 12th, 2018

The CHANGE that came in January 2015, let us all recall, came as a result of a campaign that concentrated on highlighting the corruption & lack of good governance by the previous government. Naturally, those that voted for the CHANGE expected good governance. We take the example of the removal of 2 Chief Justices & leave it to you to determine who followed due process & who was treated unfairly & the hypocrites & hypocrisies that prevail. International outcry for one CJ & unabashed condemnation for another.

What is important in discussing this topic is not to consider the pros & cons of the person, we are not going to consider any of their judgements, or even legal loopholes or other matters. We are not even going to evaluate the trial but we are only going to be concerned about whether a due process was followed for the removal of a Chief Justice. You can determine whose removal followed a process (even some sort of process) & whose removal did not.

Our next question is, how can the removal of one Chief Justice get international attention & the removal of the other Chief Justice be completely ignored, because we are dealing with countries who present themselves to be beacons of rule of law & good governance?

Removal of CJ43 & Removal of 44

Chief Justice 43 (Shirani Bandaranayake)

Appointed on 18 May 2011 by then President Rajapakse.

It was against this Chief Justice that an impeachment motion was brought in November 2012.

Did the Government comply with provisions in the Constitution & Standing Orders for the removal of CJ 43?

Did the Government follow Articles 107(2) & 107(3) of the Constitution that sets the procedure to be adopted to remove a Chief Justice, President of the Court of Appeal or any other judge of the Supreme Court & Court of Appeal on ‘grounds of proved misbehavior or incapacity”?

Was there a resolution presented to Speaker or placed on the Order Paper of Parliament signed by 1/3 of total members of Parliament giving the alleged misbehavior or incapacity?

Was such a resolution given to the Speaker – 78A(1) to act in accordance with Article 107 of the Constitution?

Thereafter, did the Speaker accept the resolution & place it on the Order Paper of Parliament & appoint a Select Committee of not less than 7 members to investigate & report to Parliament on the allegations against the Chief Justice?

Did the Select Committee hand over to the Chief Justice a copy of their deliberations & seek a written statement of defense from the Chief Justice?

Was an opportunity given to the Chief Justice to appear before the Select Committee to give her version?

Did the Select Committee take a month to conclude their findings as is required

Was the findings & decision presented to the President by the Speaker on behalf of the Parliament?

The answer to all the above questions is YES – every required procedure was followed.

The previous government followed all of the above procedures. 117 MPs of Parliament handed over a petition on 1st November 2012. Standing Orders of Parliament & Constitution was upheld. A 11-member Select Committee was appointed on 14 November 2012 comprising – Anura Priyadarshana Yapa (Chairman) Nimal Siripala de Silva, Susil Premajayantha, Rajitha Senaratna, Dilan Perera, Wimal Weerawansa, Neomal Perera, John Amaratunga, Lakshman Kiriella, Vijitha Herath, R Sampanthan.

Their report was handed over on 8 December 2012. It was debated in Parliament on 10th & 11 January 2013 & passed by 155 votes in favor 49 against on 11 January 2013.

In conclusion, what needs to be clearly accepted is that every legal & constitutional provision & procedure was followed.

1st November 2012 a petition was handed over & on 11th January 2013 Parliament voted for the impeachment. (almost 2 ½ months was taken for the due process)

Let’s look at the international response

18 January 2013 United Nations High Commissioner for Human Rights Navi Pillay said impeachment “further eroded the rule of law in the country and could also set back efforts for accountability and reconciliation”

15 November 2012 Commonwealth Secretary General Kamalesh Sharma issued 3 separate statement denouncing the impeachment “The dismissal of the Chief Justice will be widely seen..as running counter to the independence of the judiciary, which is a core Commonwealth value.”

18 January 2013 European UnionHigh Representative of the Union for Foreign Affairs and Security Policy Catherine Ashton “the independence of the judicial branch cannot be made subject to actions by any other branch of government”

11 January 2013  CanadaForeign Minister John Baird “highly politicized, lacking basic transparency and respect for the guarantees of due process and fair trial”

11 January 2013  United Kingdom – The Foreign and Commonwealth Office “respect democratic principles”

2 November 2012 United States – The United States Department of State “guarantee due process, and to ensure that all investigations are conducted transparently and in accordance with the rule of law”.

15 January 2013 State Department spokesperson Victoria Nuland expressed concern about the impeachment’s impact on the democratic process, saying “we were concerned about the perception of reprisals against somebody for independent thinking and action”

6 December 2012 International Commission of Jurists (ICJ) stated that the impeachment process ignored “international standards and practice”

On 15 January 2013 ICJ issued a statement which condemned Mohan Peiris’ appointment as chief justice, describing it as a “further assault on the independence of the judiciary” and called for Bandaranayake’s re-instatement

23 January 2013 44 senior judges and jurists from around the globe wrote an open letter to President Rajapaksa which condemned Bandaranayake’s removal, urged her re-instatement, saying that the impeachment was “in contravention of the Constitution, international human rights law and standards, including the right to a fair hearing, and the rule of law”

Removal of Shirani was void from the beginning- Saliya Pieris (Chairman Missing Persons Commission)

As you can see by the statements – not only are they intrusive, interfering but they are demanding a sovereign government to install their persons to positions while they have no qualms to denounce people who do not fall into their gambit of preference.

Locally too, lawyers, accountants, engineers, civil society, all claimed the impeachment as unfair. There were even public polls & surveys. Given that these professionals are taking a stand not in favor of the person but the process of impeachment, our next question is why did the same groups not cry foul over the removal of CJ44? How can they as professionals favor CJ43 or CJ44? How professional is this? If the argument is about fair trial – CJ43 had a trial but did CJ44 have any trial against him?  

Keep these thoughts in mind when we next look at how CJ44 was removed now that you are aware of the process followed for the removal of CJ43

CJ43 impeached on 11 January 2013 and CJ44 appointed on 15 January 2013.

9th January 2015 the government changed.

28 January 2015 the President’s Secretary by letter informs CJ44 quoted void ab initio to claim his position as CJ was considered null & void as it was never valid from the beginning.

There was no resolution conforming to Article 107 passed in Parliament starting a process for CJ44’s removal as was seen in the procedure followed for removal of CJ43.

January 2015

  • A group of lawyers protested at Hulftsdorp demanding CJ44 step down from office
  • They gave CJ44 48 hours to step down as CJ
  • CJ44 was not allowed into his Chambers
  • 28 January 2015 Secretary to the President sends letter to CJ44 claiming his position as void ab initio & thus his removal.
  • 28 January 2015 CJ43 was reinstated for only a day & made to resign the same day
  • 30 January 2015, Justice K. Sripavan was appointed Chief Justice. Ironically, he is included as CJ44 not CJ45.

Question is can the President alone remove the Chief Justice at his will & that too through a letter sent by his secretary?

If international & local groups clamored to claim CJ43 was dismissed unfairly why did the same groups not come forward to do the same for CJ44? He was simply not allowed into his chambers then delivered a letter that he was never considered the CJ – how fair is this? Is this how a country’s CJ is removed from office? So where were all the parties that were quoting the laws & international standards on removing a CJ.

A victim is a victim irrespective of the face! So where were these unbiased, impartial, rule of law, due process, upholders of law & constitution for victim CJ44?

Anyone debating this – please keep to the main facts. Was a procedure followed for the removal of CJ43 & CJ44? Irrespective of any legal loopholes. Was there a process that was followed for both?

As you can see there was blatant bias & it is so obvious in the statements issued internationally & by their local representatives.

CJ43 is ShiraniB

CJ44 – MohanP & Sripavan (we have 2 CJs)

CJ45 – Priyasath Depp

CJ46 – Nalin Perera

Additionally, if void ab initio term is used it next raises another more important question of the legal validity of every judgment made by CJ44 from his appointment in January 2013 to his removal in January 2015? When this question arises – Sri Lanka is in for bigger problems.

Moreover, how can there be two CJ44? The scenario reminds of the present tassel of 2 PMs and we know the procedure that was followed for the removal of the former PM by gazette which again was not followed when he became PM in 2015 & the sitting PM was not removed. But, where was the ‘rule of law, democracy, due process’ bandwagon during these legally & constitutionally questionable incidents?

This selective & partisan approach by the usual culprits is really embarrassing them. Not that they are bothered about gaining credibility of the people so long as their agendas are fulfilled. But their rhetoric in pretending to be upholders of good governance is turning their statements into an international farce & soon they will come a time they will not be taken seriously whatever campaigns they fund. While all these bias & international reactions fall under the gambit of intervention & interference into the internal/domestic affairs of a sovereign state, it is our duty to highlight these violations & leave it for you the reader to decide.

Shenali D Waduge

Open letter to Opposition Leader Hon.R.Sampanthan

November 12th, 2018

By Nallur Murugan

Dear Sir,

I thought of writing you this letter because you have become the custodian of democracy, rule of law and constitution of Sri Lanka and at the same time you are always in the news. Internal party dispute between you and the Northern Chief minister is now debated in the open and discussed in the media. Local authority election results conducted in 18 Feb 2018 have clearly shown there is nothing between you and EPDP leader Douglas Devananda whom your party and Tamil media supportive of you character assassinated Devananda. It has been proved your permanent interests prevail. Your feud with former Chief Minister also is not seriously taken by ordinary Tamil people. Moreover 16 SLFP MPs met you and discussed current political situation with you. On top of that you met the American delegation and complained to them about the other members of the National Executive Council of Good Governance of which you are also a party as members of National Executive Council. Tamil people over several years gave you a mandate to solve their problems but you are making petitions and complaints to the foreign  forces which are inimical to Sri Lankan interests. This is no surprise because your leader S.J.V.Chelvanayagam fondly known as Ceylon Ghandhi sent a telegram to Queen Elizebeth not to withdraw the British Air force base from Sri Lanka when former Prime Minister S.W.R.D. Bandaranayake in 1956 had demanded the British Air Force bases to be withdrawn from Sri Lanka. No one would dispute if supporters honour S.J.V.Chelvanayagam as Ceylon Ghandi. But the truth remains the original Ghandi the Mahathma was the face of the Anti-colonial movement  in India which demanded full freedom from British. Original Ghandi demanded closure of British military bases but the so called  Ceylon Ghandi demanded the  other way. Still you fascinated  the policy of venerating imperialist forces without any shame. History of your party is full of contradictions, manipulations and betrayals which the majority of Tamil population failed to grasp. It has been the consistent party (Federal Party) policy to fan the communal flames and grab parliamentary seats. Majority of the Tamils were not aware of the theme at election meetings and campaign conducted by major national parties UNP and SLFP. The theme was economy, unemployment, development and so on. However, you and your party along with the so called independent Tamil media manipulated and told the Tamil that the national parties fanned communal flames. Tamil people generally believed what was told by your colleagues. To make your memory fresh, in `1970 parliamentary elections SLFP coalition promised to bring rice even from moon. In 1977 parliamentary elections UNP under JRJ promised to distribute 8 KG food stuff on ration basis.

The manner in which Tamil National Alliance led by you untiringly engage in what some media describes hate speech”(propagate communal felling ) is clearly indicating your obsession with parliament seats and ensuring your party winning the seats without any opposition from the other political  parties  such as  United National Party, Sri Lanka Freedom party and the newly organized Sri Lanka Podujana Peramuna and host of other parties. It is not a secret the hate speech syndrome was orchestrated by the Official weekly organ, Suthanthiran  of Ilankai Tamil arasu katchi (ITAK)the  or Ceylon Federal Party under the stewardship of S.J.V Chelvanayagam. TNA has been the most powerful political alliance in the  north and somewhat diminished status in the East. Of course the federal party is the strongest single party in the alliance. Federal party was formed in 1949  as a breakaway faction of All Ceylon Tamil Congress led by G.G.Ponnampalam. Breakaway was attributed to G.G.Ponnampalam’s decision to join the D.S.Senanake’s government as a minister and also your party  blamed  G.G.Ponnampalam  for his support to disfranchise (Ceylon Citizenship Act of 1948 ) the upcountry Indian Tamils. This Act was aimed at weakening the influence of leftist parties, particularly LSSP among the Indian Tamils. Unchallengeable leader GG was instrumental along with Prime Minister D.S.Senenayake for the disfranchisement of Indian Tamils. Gradually your party  ITAK became the  political force in north and east of Srilanka. It is very fitting description to conclude that father of communal politics in Ceylon was none other than G.G.Ponnampalam leader of Ceylon Tamil congress who demanded for 50/50 parliament representation for the minorities of this island. I would like to remind you that late  M.Thiruchelvam became minister of local government in the 1965 UNP government led by Dudly Senenayake. M.Sivasithamparam of Tamil Congress was given the Deputy speaker position. Now  you became the opposition leader positon in the present Good governance coalition which is very controversial due to the fact you are part of the National executive council formed by the advocates of the Good governance along with many parties UNP, SLFP, JVP, JHU SLMC ACMC, Democratic party of Sarath Fonseka .It is not a rocket science to conclude that you are the Government sponsored opposition leader. We all boast Sri Lanka is a vibrant democracy which have resorted to a stupid precedent by selecting you as the Leader of the Opposition. Meanwhile your followers and the so called independent Tamil media never bothered about this aspect of governance and busy disseminating hate speech, (pure communalism) which has been the bread and butter of Tamil media in Srilanka notably since Independence.

I am eager to direct some questions at you as the leader of the TNA and the inheritor of the mantle of leadership from the leaders such as S.J.V.Chelvanayagam and late Appapillai Amirthalingam.

(i). Tamil mainstream leadership in the early seventies created the Tamil militancy and brainwashed and encouraged young innocent Tamil youths to take up arms against the Sri Lankan state. Government of Sirimavo Bandaranayake  in 1970s introduced the new University entrance system called standardization aimed at providing higher education opportunities to students from backward areas,  the main  accusation  by your party  was standardization had been introduced to deprive the Tamil students of higher education. Tamil youths of those years without  understanding the pros and cons blindly believed and the rest is history. The experience witnessed in the last three decades proved the benefits achieved by  Tamil students from Trinco your area Ampara, Batticaloa, Mullaitivu, Kilinochchi and Vavuniya. The  achievement of the students from these areas have been excellent. Don’t you think the Tamil leadership intentionally misguided the Tamil youths with the long term plan of  sustaining the parliamentary seats?

(ii).  Tamil leadership boasts of 70 long years of struggle for the rights of the Tamil citizens-Is it true that you have struggled other than retaining the parliamentary seats. Can you deny that the Tamil leadership aligned with UNP and alienated the SLFP and other progressive forces? It was the policy of the Tamil leadership to instigate the Tamil youths to oppose the  so called Sinhala government when the SLFP came to power. Can you adduce a correct answer why your party aligned with UNP, part of which your party shouted, was responsible for 1983 communal riot and the burning of Jaffna Public library? You and your colleagues never made self-inquiry whether it is right to carry out the so called struggle against the so called  Sinhalese governments while you and your team comfortably live in Colombo and visiting north and east only during election times. The 70 years political journey of ITAK and TNA gave you and your group excellent comforts. Have you ever thought of the untold sufferings of the former Tamil combatants who had made tremendous sacrifice for their cause they deemed right? They are now nobody, they depend on meagre government assistance and other well-wishers support for survival. Still their plight has also become a scoring point for you at election meetings.

(iii). who is responsible for the three decades of mayhem and agony of the Tamil people in north and east? The so called Tamil freedom fighters were the creation of the Tamil leadership and they believed what the Tamil leaders discoursed to them and the Tamil youth at the beginning of the struggle had faith on you. The Tamil leadership betrayed the Tamil youths, Tamil people and the country. When the LTTE turned against you, you and your colleagues without shame pleaded to the government and the security forces against whom you made lot of noises, protected you in fortified houses in Colombo. You and your party is responsible for the action and atrocities of the so called liberation fighters as you were the creators. Being a professional lawyer I don’t need to remind you about aiding and abetting.

(iv).The other day you were flanked by the SLFP 18 MPs who left the Government and the photographs illustrated how honorably these MPs were interacting with you. Don’t you feel ashamed of your many guided visits to Kilinochchi and sitting before LTTE political commissar as slaves when the LTTE was de facto rulers in the Vanni area? The whole world   is aware that that you and your colleagues were impotently watching the sufferings of the entrapped Tamil people in Vanni.

(v). during the last episode of Ealam war at Mullivaikal more than 300,000 Tamil people were protected by the security forces (including some of your MPs). Despite limitation of resources the security forces handled the situation diligently. During the former President’s tenure thousands of former combatants were rehabilitated and integrated with society. Vast amount of land under the control of the security forces were returned to the owners. Constructive programs were initiated to provide livelihood to the families of former combatants. Of course those programmes are still continuing.

Do you have credible evidence of the civilian deaths other than just repeating thousands?   Do you accept that credible evidence is lacking for dispassionate observers seeking truth? Geneva and other forums with the close cooperation of the selfish diaspora groups have become another stage for you betraying the Tamil people for your sole objective of retaining the parliamentary seats.

(vi). Are you not ashamed to use the word Sinhala Buddhist hegemony to incite the Sinhala people and the state? Can you raise your finger and say at least a single Tamil Hindu citizen was converted to Buddhism? Can’t you appreciate the fact that Srilanka in the past centuries were protected by the wise counsel of the Buddhist monks during time of invasion by Indian and European invaders? Why do you and your colleagues paint a wrong picture about Buddhism and Buddhists monks to the innocent Tamil population? How more than a million non-Buddhists cohabit with Buddhists in western and other provinces? I like to remind you that Buddhism associated with tolerance made the cohabitation so peaceful and smooth. Please tell the people what happened to the Sinhalese people lived in Jaffna and have you made any sincere efforts to relocate our Muslim brethren in Jaffna and other places in north who were ethnically cleansed in early nineties? Can you remember the displaced Tamils during the 1983 communal riots having temporarily dispatched in the government ships to Jaffna and other places returned to their original homes in Colombo and suburbs within one year? Returnees  did not encounter any problems as such other than some minor nature.

(vii). I would like to present you a question many people have been asking-what is the logic behind supporting former successful Army Commander who led the security forces to wipe out terrorism, Field Marshall Sarath Fonseka at the 2010 presidential election? You have been showing the face as the protector of Tamils rights and on many forums denounce the regime of former president (though you have good relationship privately with him) for killing thousands of innocent Tamils at Mullivaikal. Field Marshall Sarah Fonseka was the Commander of the Sri Lankan army which totally annihilated the LTTE and brought peace to Srilanka. How come you and your team decided to support the candidature of the leader of the  alleged killing force?

(viii). The other day former Minister of Economic development Basil Rajapakse during an interview with Tamil media in Jaffna told that TNA never extended any support to  the Government of Mahinda Rajapakse to solve  problems encountered by the northern people. While you and your party leaders were provided full security along with other parliamentary perks by the Mahinda ‘s Government your party chose not to extend support to the Government of Mahinda.

(ix). It is very strange  you have become the custodian of Sri Lanka constitution. I put it to you, have you or your party participated in the constitution making process in 1972 and 1977. Present generation may not be aware; you have boycotted 1972 constitution enacting process. Real reason was you were worshipping British colonialist and you were against Sri Lanka becoming a real independent country. Your political bankruptcy has been exposed. Now you are the custodian of the constitution which you denounced.

Before concluding I like to reiterate Sir, You cannot fool the Tamil people forever because they have started to think differently as illustrated by the results of the February 2018 Local authorities’ election. They are ready to vote for national parties even though you label the national parties as Sinhala chauvinist parties. I want to remind that the Tamil speaking people have been living in all 25 districts in Srilanka and you may find Hindu temples, Islamic mosques, Tamil medium schools  throughout the country. However you and your colleagues try to amplify isolated incidents.

Sir, Sri Lanka, our motherland has been a unique one and the free education and other welfare measures like free health facilities uplifted and emancipated impoverished citizens irrespective of race and religion.

Please abandon your communal politics which would not bring anything other than misery to Tamil people and as a responsible political outfit try to give up communal politics and lift the Tamil people from their poverty, landlessness and unemployment.

Thank you

Mahinda Rajapaksa as a balanced internationalist

November 12th, 2018

Dr. Palitha Kohona

Prime Minister Mahinda Rajapaksa has always been firstly a patriot. His priority has been Sri Lanka and its essential interests.

As a politician he proactively reflected the wishes of the people who elected him. This is abundantly clear in the way he conducted Sri Lanka’s international relations during his tenure as President.

This is the reason why he chose to confront the entrenched terrorist group, the Tamil Tigers, whose primary objective was to dismember the country, contrary to the highly vocal counsel to the contrary from different quarters, mainly from diplomats and NGOs. The Tamil Tigers who controlled significant parts of the country at the time, possessed frightful military capabilities, including feared naval and elementary air arms and were described by the CIA as the most sophisticated terrorist group in the world. Their pioneering use of suicide bombers had instilled a sense of uncertainty and  fear throughout the country. He succeeded, and eliminated them from Sri Lanka and brought thirty years of brutal terror to an end. Once the conflict within the country was ended, he was willing to share the expertise and experience of his battle hardened military with other friendly countries confronting terrorist challenges. He was also willing to provide military forces to the the United Nations which has always been short of well trained military personnel for its peace keeping operations.

His emphasis has always been Sri Lanka and all his initiatives were taken with the objective of advancing Sri Lanka’s interests, including the interests of its labour force. The well being of the people of his country was his first priority. He sought  financial assistance from China because China was the only available source of financing for the massive development projects he had planned for post conflict Sri Lanka. Chinese assistance was sought only after unsuccessful overtures had been made to other friendly countries. But at no stage did he compromise the nation’s sovereignty or integrity. Similarly, he was not going to create situations inimical to the interests of other countries in the region while seeking assistance from China. In many instances, he invited other friendly countries to participate in Sri Lanka’s development efforts prior to seeking Chinese assistance.

By nature he has also been an internationalist who, as executive President, insisted on maintaining warm relations with all countries. He visited many countries with a view to consolidating Sri Lanka’s network of friends. During his tenure as President, he visited the US every year. While he made friends easily, they were never at the expense of the country’s essential interests. His engaging nature made it easy for him to make friends even at the personal level. As Prime Minister, he could be expected to follow a policy that emphasises the primacy of Sri Lanka’s interests while maintaining warm relations with all friendly countries.

PRESIDENT SIRISENA’S TRUMP CARDS

November 12th, 2018

By M D P DISSANAYAKE

Mr Jayampathy Wickremaratne’s reputation as a President Counsel is now in tatters.  He sneaked through the legislation process, by passing Supreme Court decisions, during the late mid night hours of 19th Amendment.  He drafted Regulations approved at the Committee Stage during nights, to include the provisions Supreme Court did not give consent.   In doing do, Mr Jayampathy Wickremaratne’s shot himself in the foot. Sinhala version of the Amendments differs with the English contents as already clarified clearly by Mr Gammanpila.  In such a situation, the Sinhala version is legally enforceable, as it supersede the  English wordings.

CARD 1:

Frustrated and almost made him look like a fool for 3 years, the President Sirisena must be awarded the Best Actor prize for 2018 This mentally and physically exhausted man pulled his first Card in the Pack, sent Clayton Prime Minister Mr Wickremasinghe into doldrums. Extremists Tamils, Muslims and disgruntled few leftists in the JVP are now regularly checking their heart beat levels.

CARD 2:

The President simultaneously  installed Mr Mahinda Rajapakse as the  Second Executive Prime Minister of Sri Lanka.   The group in exile petitioned to the Supreme Court against the appointment.   The application was rejected.  .

The President  had suffered mentally and physically, the photos of President before October 26  and today, clearly display sadness vs. happiness on his face.  Mr Mahinda Rajapakse saved his life and he should be indebted to our great leader going forward.

CARD 3:

Gazetted to recall the Parliament on 14th.  Byuing time, in the process managed to get several minor parties and UNP few members to cross over, with  announcements that working majority has been established. The genuine desire of the new Cabinet Ministers of minor is still to be tested.  In the meantime, Mr Mahinda Rajapakse is doing what he does best, just to according to your plan.  He is now a member of SLPP.

CARD 4:

At a meeting with the former Speaker Karu, President instructed the Speaker to make all arrangements to make necessary seating arrangements to the newly crowned PM.  Speaker Agreed.  Parliament staff obeyed both President’s  and former Speaker”s orders.

Karu took a U turn, as he  was blasted by expelled PM Ranil. Karu issued a statement indirectly recognizing the expelled PM.

CARD 5:

President immediately dissolved, with the strongest advise from the Prime Minister.

CARD 6:

What if in the most unlikely event the Supreme Court determine the dissolution of Parliament as null and void?

The President can call for a Referendum to be held within 36 days, to ratify the legality of dissolution and seek a mandate to hold the General Election.

රෝහිත මුණසිංහ ජවිපෙ අභ්‍යන්තරය අනාවෘත කරයි

November 11th, 2018

සාකච්ඡා කලේ වෛද්‍ය රුවන් එම් ජයතුංග 

රෝහිත මුණසිංහ සුප්‍රකට  ලේඛකයෙකි. ඔහු ජවිපෙ හිටපු ක්‍රියාධරයෙකි. මීට මාස කීපයකට උඩදී මට රෝහිත මුණසිංහව ප්‍රංශයේ පැරිස් නගරයේදී හමු විය. පහත සාකච්ඡාව හරහා  ඔහු ජවිපෙ අභ්‍යන්තරය පිලිබඳව කතා කරයි.

  1. ඔබ ජවිපෙ සාමාජිකයෙකු වන්නේ ඇයි? 

එය හේතූන් කිහිපයක එකතුවෙන් සිදුවෙන්නක්. මම හැදුනේ වැඩුණේ විශාල ඥාති මිත්‍රාදීන් පිරිසක් නිතර ආව ගිය දේශපාලන සංවාද ඇතිවුන මගේ මවගේ මහගෙදර. මේ පිරිසෙන් මගේ පියා ඇතුළු වැඩි දෙනෙකු ශ්‍රී,ල,නි,ප, පාක්ෂිකයෝ. කොමියුනිස්ට්, සමසමාජ අයත් හිටියා. මගේ පුංචි මාමා හබරාදුවේ “ප්‍රින්ස් ගුණසේකර” මහත්තය සමග දේශපාලනය කළ සමසමාජ කාරයෙක්. අපේ පරම්පරාවටම මම දැනගෙන හිටපු එකම යු,එන්,පී, කාරී මගේ අම්මා. මට මතකයි මහා මැතිවරණ වලදී අම්ම ජන්දේ දාන්න යනකොට මගේ ආච්චිලා අම්මට කියනවා “බත්ගොට්ටි, උඹ ඉතින් අලියට ගහල ඒවි. ඊට වැඩිය හොඳයි ගෙදරට වෙලා ඉඳපන්” කියල.  යමක් කමක් තේරෙන කාලේ ඉඳලම මට හිතුනේ සමාජවාදය හොඳ දෙයක්. යු,එන්,පිය නරක මිනිස්සු ඉන්න පක්ෂයක් කියලයි. දෙවනුව, මම මාතර ශාන්ත තෝමසයේ 10 වැනි ශ්‍රේණියේ ඉන්න කොට ජවිපෙට සම්බන්ධ වුන යාලුවෙක් මගේ පන්තියේම හිටිය.( එයා 71 කැරැල්ල ට සම්බන්ධ වෙලා අතුරුදහන්ව ඉඳලා අවුරුදු 10 කට පස්සේ ජවිපෙ කළුතර දිසා ලේකම් ලෙස මට හමුවුණා. මම එතකොට වැලිගම සංවිධායක)  තෙවනුව, පාසල් වියේ ඉඳලම මම සෝවියට් සාහිත්‍ය පොත පතට ආශක්ත වුණා. “වානේ පන්නරය ලැබූ හැටි” කියවලා “පාවෙල් කොර්චාගින්” වගේ අපේ රටත් සමාජවාදෙන් ගොඩ නගන්න ඇත්නම් කියල හිතුනා.  වයස අවුරුදු 12 දී මගේ හොඳම යාලුවා උනේ හේවිසි ගහන පරම්පරාවක ළමයෙක්. දවසක් ඔහු අපේ ගෙදරට කැඳවා ගෙන ඇවිල්ල ඉස්තෝප්පුවේ ලොකු පුටුවක වාඩි කරවපු දවසේ මගේ වැඩිහිටියෝ මට දොස් කියපු වෙලාවේ  මගේ හිත හොඳටම රිදුන. ඒත් මම යාළුකම අත් හරියේ නෑ.( ඔහු පිළිකාවක් හැදිලා වයස 40 දී විතර මියගියා. නැත්නම් අදටත් ඔහු මගේ හොඳම මිත්‍රය) එසේම, අපේ ගෙදර කිළුටු රෙදි ගෙනියන්න එන උස-මහත ඩොබි මාමට වාඩිවෙන්න පුටු භාගයක් දෙන කොටත් මගේ හිත තදට රිදුන. මම එයට විරෝධය ත් පෑවා. ඒ අභිමානවත් මනුස්සය හිටගෙනම ඉඳල ගියා මිසක් කවදාවත් පුංචි පුටුවේ වාඩි උනේ නැහැ. සිව්වෙනි හේතුව මම අත් දැකපු ඒ වගේ සමාජ අසාධාරණ වෙන්න ඇති.  පස්වෙනුව, අපේ අසල් වැසියෙකුව හිටපු කොස්තාපල් කෙනෙක් පුද්ගලික කාරණාවකට මා සමග තරහ වෙලා මම චේගුවේර කාරයෙක් කියල  හංවඩු ගැහුවා.  හයවෙනුව, 1976 දී ගමනායක සහෝදරයා වැලිගම ට ඇවිල්ල අපේ ගෙවල් ළඟ පිට්ටනියේ රැස්වීමක් තිබ්බ. එතැනදී “කතරගම සිරිපාල නෙත්තිකුමාර” කියන හොඳ සහෝදරයා මට හම්බ වුණා. කොහොමටත් ඒ වෙනකොට මට විප්ලවවාදී ගාය හැදිලයි තිබුණේ.  

2.ඔබ ජවිපෙ පූර්ණ කාලීනයෙකු වෙන්නේ කොහොමද? 

මම එවිට අර්ධ කාලීනව වැඩ කළ සාමාජිකයෙක්. 1980 දී විතර පක්ෂයේ නායකයන්ගේ ගමන් බිමන් සඳහා කාර් කිහිපයක් ගත්තා. රෝහණ සහෝදරයට එකක්, බෝපගේ සහෝදරයට එකක් වශයෙන්. දවසක්, මාතර උයන්වත්ත පිට්ටනියේ පවත්වපු මහා රැස්වීමකට ආපු රෝහණ සහෝදරයා මේ කාර් එකෙන් රැස්වීම් භූමියටම ඇවිල්ල බැස්ස. “පොල්හේනේ යසන්තල” වගේ මෝටර් සයිකල් තිබුණ සහෝදරවරු කාර් එක ඉදිරියෙන් සහ දෙපසින් ආරක්ෂක භටයෝ වගේ ආව. කවුද සහෝදරයෙක් පැනල ලොකු මහත්තයට බහින්න දොරත් ඇරලා දුන්න. මේවා රෝහණ සහෝදරයා කියල කරපු දේවල් නෙවි. අනිත් අයට හිතිලා කරපු දේවල්. හැබැයි එයා ඒවා ඉවසුවා.   ඒත් මේ අපි පාරවල් ගානේ කැටවලට සල්ලි එකතු කරන කාලේ නිසා සාමාන්‍ය මිනිස්සුන්ට පේන්න රැස්වීම් භූමියටම ඇවිල්ල කාර් එකෙන් බහින එක මට ලස්සනට පෙනුණේ නෑ.  එතකොට වැලිගම සංවිධායක” නෙත්තිකුමාර.” මම මේ කාර් ප්‍රශ්නය ගැන නෙත්තිට තද විවේචනයක් ඉදිරිපත් කරලා ඒ විවේචනය පක්ෂ මුලස්ථානයට ලිඛිතවත් ඉදිරිපත් කළා. ඒක පත්තු වෙලා ගිහින් මාතර දිස්ත්‍රික් කමිටුවේත් ලොකු කැළඹීමක් ඇතිවෙලා. ඊට පස්සේ මාතර දිස්ත්‍රික්කේ ආසන හතේම අර්ධ කාලීන- පූර්ණ කාලීන සියල්ල රැස් කරලා අභ්‍යන්තර සාකච්ජාවක් තියල රෝහණ සහෝදරයා පැහැදිලි කළා ඇයි වාහන පාවිච්චි කරන්නේ කියල. “සහෝදරවරු කියනවා නම් මම වෙනද වගේ කෝච්චියේ, බස් එකේ යන්නම්. මට දුක මේවා අපේ සහෝදරවරු ම කියන එකටයි කියල හොඳටම ඇඩුවා. අපිටත් කඳුළු වැටුණා. ඊට පස්සේ රෝහණ සහෝදරයා මට කිව්වා,” රෝහිත සහෝදරයා අද ඉඳන් පූර්ණ කාලීනව පක්ෂේ වැඩ කරන්න ඕන” කියල. මම මේ කියන කතාව ඇත්ත බව දන්න කිහිප දෙනෙක් ඉන්නවා. ලයනල් බෝපගේ, කතරගම නෙත්තිකුමාර, අමරදාස කුරුප්පු, ආරියදාස රණවක යන සහෝදරවරු සහ කුසුමා බුද්ධිකෝරාළ සහෝදරිය.   

  1. ඔබ ජවිපෙ තුළ කොපමණ කාලයක් හිටියද? ඔබගේ ප්‍රධාන අත්දැකීම් මොනවාද?

1976 සිට 1993 දක්වා. අවුරුදු 16 ක් පමණ. 1984 සිට 89 දක්වා සිටියේ ත්‍රස්තවාදයට හා පුද්ගල ඝාතන වලට එරෙහි වූ පාක්ෂිකයකු ලෙස. එසේ සිටිමින් එවිට පැරිසියේ ගොඩ  නැගෙමින් තිබු ජවිපෙ හිතවාදී කණ්ඩායම සහ පක්ෂය අතර සම්බන්ධීකරණ කටයුතු කළේ මම.  අද පරපුර නමින් හා පින්තුර වලින් පමණක් දැන සිටින “රෝහණ විජේවීර, ලයනල් බෝපගේ, දයා වන්නිආරච්චි, සෝමවංශ අමරසිංහ, ඇල්ගිරියේ ප්‍රේමචන්ද්‍ර මුණසිංහ, කතරගම සිරිපාල නෙත්තිකුමාර, තල්පාවිල ධර්මේ, සහ වෙනත් නායකයන් සමග වැඩ කිරීමට ලැබීම. පොලිසි,හිරගෙවල්,හමුදා කඳවුරු, වධකාගාර වල අත්දැකීම් ලැබීම. (භාවිතාව) = ජවිපෙ දෙස පිටත සිට බලා සිටින කෙනෙකුට පෙනෙන ඉහළ තක්සේරුව මායාවක් බව එහි අභන්තරයට ගියවිට අත්විඳ ගැනීමට ලැබීම ප්‍රධානයි.    

  1. ජවිපෙ අභන්තරය විස්තර කරන්න පුලුවන්ද? 

පොතක් ලියන්න ප්‍රමාණවත් කරුණු තියෙනවා. ඉහළම නායකයාගේ සිට පහළම සාමාජිකයා දක්වා තිබුණේ අධිතක්සේරුව, අතිශයෝක්තිය, ප්‍රදර්ශනාත්මක බොළඳ බව හා  තමන්ම ඒ සිහින මායාවේ  ගිලී සිටින ස්වභාවය. ගුණ යහපත්, අවංක, එඩිතර සහෝදර සහෝදරියන් රාශියක් හිටියා. කාගේත් ඉංග්‍රීසි දැනුම, න්‍යායික දැනුම අන්තිම දුර්වලයි. තර්ක ශාස්ත්‍රය සහ කටින් ගසා ජය ගැනීම හරි ඉහළයි. කැපවීම අනර්ඝයි.  ප්‍රධාන සූත්‍රය තමයි නායකයන් කියන දේවල් කමිටු හරහා පහළට ගලා එමින් පුනරුච්චාරණය වීම සහ යට තියන සංක්‍යා ලේඛන ඉහළට ගොස් නායකයන් මුලාවීම. පහළ සාමාජිකයන්  හිතාගෙන හිටියේ නායකයන් සියලු දේ දන්නවා කියල. නායකයන් හිතාගෙන හිටියේ පහළ සාමාජිකයන් හැමදෙයම ඉටු කරයි කියල. අන්තිමට බලන කොට දෙගොල්ලන්ම දන්නේ නැහැ.   

  1. බිම් මට්ටමේ සාමාජිකයන් සහ නායකයන් අතර වෙනස කුමක්ද?

 නායකයන් ළඟ නිලධාරිවාදය ගොඩ නැගීමේ මූලික අවස්තාව ඇතිවී තිබුණා. පසුව ඝාතනයට ලක් උනත් 88-89 කාලේ වුවත් නායකයෝ තම දරු පවුල් සමග ගෙවල් දොරවල් වල හොඳින් හිටියා. ඔවුන්ට පහසුකම් සැපයීම වෙනුවෙනුත් සාමාජිකයෝ දිවි පිදුවා. එක් අයෙකු තමයි “තල්පාවිල ධර්මේ” බිම් මට්ටමේ සාමාජිකයෝ කන්න දෙයක්, නිදා ගන්න තැනක්, අතේ සතයක් නැතිව මාරාන්තික දුකක් එක්ක නායකයෝ කියන කියන විදියට සටන් කළා.  ඒක අදත් එහෙමයි. බලන්න අද ජවිපෙ නායකයෝ දිහා! පත්තරවල යනවා ඔවුන් පෙට්ටි කඩේකින් බත් පාර්සලයක් අරගෙන බෙදාගෙන කනහැටි! ඒත් “වෝටර්ස් එජ්” වගේ  හෝටල්වල ඉන්න පින්තුර වැටෙන්නේ නැහැ. නිර්ධන පන්ති ජනතාවගේ දහදිය සුවද විදින්න බස් එකක තෙරපිලා යන එක නායකයෙක් කාටවත් හමුවෙලා තියනවද? ආණ්ඩු පක්ෂෙ එවුන් මහජන මුදලින් රට සවාරි යනවා වගේම, බැලුවොත්  ජවිපෙ නායකයන්ගෙන් කවුරුම හරි කොහේ හරි පිට රටක! ඒවා සම්මන්ත්‍රණ! විදේශීය ශාඛා වලින් ලැබුණ ආරාධනාලු! 

6.රෝහණ  විජේවීර පිලිබඳ ඔබේ තක්සේරුව කුමක්ද? ඔහුගේ දක්ෂතා සහ දුර්වලකම් මොනවාද? 

මම මේ ප්‍රශ්න දෙකටම එක පිළිතුරක් දෙන්නම්. රෝහණ විජේවීර  කියන්නේ (අපිට) සිංහලෙනුයි ග්‍රීක් වලිනුයි ලියපු පොතක් කියවනවා වගෙයි. ඔහු අසාමාන්‍ය චරිතයක්! අපි සාමාන්‍ය මිනිස්සු කොහොමත් සාමාන්‍ය වගේ ඒ වගේ අසාමාන්‍ය චරිත ඇතුළේ තියෙන්නෙත් අසාමාන්‍ය චරිත ලක්ෂණ. ඔහු අතිශය දක්ෂ වගේම දුර්වල මනුෂ්‍ය ආත්මයක්! මොන විදියකින් හරි ඔහු රටේ පාලකය වුණා නම් කවදාක හරි ලියවෙන ඉතිහාසයේදී ඔහු ජනතාවගේ ආදරණීය මතකයක් වෙන්නේ නැහැ.  

7.ඔබගේ පොතෙන් හෙළි කරනවා විජේවීරගේ අනියම් බිරිඳක් ව සිටි “මොරීන්” නම් කාන්තාවක් ගැන! ඇයව ලිංගිකව සූරා කාගෙන අවසානයේ ඇයට CIA කාර්ඩ් එකක් ගසා පලවා හරිනවා. මොකක්ද මේ සිද්ධිය?  

රෝහණ සහෝදරයා මුහුණ හෝදපු වතුර බේසමට වස දාලා ඔහු මරන්න යොදවපු CIA කාරියෙක් අහුවුණා. ඔහු මුහුණ හෝදන්න කලින් බේසමෙන් වතුර බීපු පොල්කිච්චෙක් මැරිලා වැටුණ නිසා ඔහුගේ ජීවිතය බේරා ගන්න පුළුවන් වුණා. මේ 1981 හෝ 82 දී අපේ කමිටු හරහාම පක්ෂයේ ඉහළින් අපිට එවූ කතාවක්. පක්ෂයේ සාමාජිකයන් සියයට 99ක් මේ කතාව විශ්වාස කළා. ඒත් මෙතැන තියෙන්නේ වෙන කතාවක් කියල මට තොරතුරු ලැබුණේ මගේ මිතුරෙකු ගෙන්. ඔහු තමයි එවිට ජවිපෙ “RED POWER ” ඉංග්‍රීසි පත්‍රයේ සියලු ලිපි සකස් කළේ. ඔහු පක්ෂෙට දුන්නේ මමයි. 2006 දී මගේ “ජවිපෙ සැඟවුණ ඉතිහාසයන් බිඳක්” පොත පිට වුණා. එහි මෙම සිද්ධිය ඇතුළත් වුණා. ඕස්ට්‍රේලියාවේ පළ කරන “සන්නස” සිංහල පුවත් පතේ මගේ පොත කොටස් වශයෙන් සම්පුර්ණයෙන් පළ වුණා.” ලයනල් බෝපගේ ” සහෝදරයා පදිංචි ඕස්ට්‍රේලියාවේ නිසා මගේ පොතේ ඔහු ගැන වූ වෙන සටහනකින් සිත රිදවා ගෙන අපි දෙදෙනා අතර ඇතිවූ විවාදයේදී මේ සිද්ධියේ අපි නොදැන සිටි කරුණු සම්පුර්ණයෙන් හෙළි කරමින් “විජේවීර-මොරීන්” පොල්කිචි කතාවට සුජාත භාවයක් ලබා දුන්නේ ඔහුයි. බෝපගේ එහිදී ප්‍රකාශ කරනවා එවිට සිටි ප්‍රධාන ලේකම් වශයෙන් විජේවීර සහෝදරයට විරුද්ධව විනය පරීක්ෂණය පැවැත්වුයේ ඔහු බව හා දෙදෙනාගේම කැමැත්තෙන් ඒ අනියම් සම්බන්ධය පවත්වා ගෙන ගිය බව රෝහණ සහෝදරයා පිළිගත් බව. නිකම් නෙවෙයි, එය සාධාරණීය කරන්න තර්ක රාශියක් ඉදිරිපත් කරලා බැරි උනාට පස්සේ. ඒත් වැඩේ වැරදුනාම පව් කාරිය කරලා ගල් ගැහුවේ මොරීන්ට. මගේ “මර්දනය සඳහා කැරැල්ලක් ඕනා කර තිබේ”  පොතේ බෝපගේ සහෝදරයා හා මා අතර සිදුවූ විවාදය පළවී තිබෙනවා. විජේවීර විතරක් නොවෙයි විප්ලවීය සදාචාරයේදී මුහුණු දෙකක් පැළද ගෙන දෙබිඩි රඟපෑම් කළ ජවිපෙ මනමාල  නායකයන් ගැන මම තව තොරතුරු දන්නවා. ඇතැම් ඒවා අදහන්නත් බැරි, කියන්නත් ලජ්ජා ඒවා. බලය ලැබුනට පස්සේ මේ ආණ්ඩුවල ඉන්න සල්ලාලයෝ කරන දේවල් වලයි බලයක් නැතුවම ජවිපෙ නායකයෝ කරපු දේවල් වලයි වැඩි වෙනසක් නැහැ.(හැමෝම නෙවෙයි) ඒ අතින් ලයනල් බෝපගේ කියන්නේ පක්ෂේ හිටපු චරිතවත්, අවංක පෙම්වතෙක්. නෙත්තිකුමාර වගේ සහෝදරයෝ අදහන්න වටින චරිතවත් මිනිස්සු! 

  1. ඔබ කියන්නේ ලිංගික අපගමනීය චර්යාවන් තිබු පුද්ගලයන් ජවිපෙ නායකත්වය තුළ සිටියා කියාද? මේ සඳහා ඔබ ඉදිරිපත් කරන සාධක මොනවාද? 

ඔව් දේශපාලන මණ්ඩලයේම හිටියා. සාධක තිබුණත් හැමදෙයම කියන්න බැහැ. දැන් ජීවතුන් අතර නැති ඔවුන්ට මට පිළිතුරු දිය නොහැකි නිසා නම් වශයෙන් කියන එක සාධාරණ නැහැ. නායකයා ජීවතුන්  අතර නැතත් ඔහු පවත්වපු අනියම් ලිංගික ඇසුර දැන් ප්‍රසිද්ධ කාරණාවක් නිසා  ඒක කියන්න බාධාවක් නැහැ. තව නායකයෙක් ඝාතනය වනවිට ඔහු අතින් තරුණියක් ගැබ්ගෙන සිටියා. රෝහණ සහෝදරයාගේ අංක එකේ සගයෙකු වන දිසා ලේකම් කෙනෙකු 80 ගණන් වලදී පක්ෂ නායකයෙකුගේ නංගි කෙනෙකුගෙන් මට කිස් එකක් දෙන්න පුලුවන්ද කියල අහල ඒ සහෝදරී එය මම හිටිය ආසන  කමිටුවට පැමිණිලි කළා. පසුව දිස්ත්‍රික් කමිටුව තීරණය කළේ එය ඒ සහෝදරීගේ බොරුවක් කියල. මේ සටහන දුටුවොත් ඒ සහෝදරී පිළිගනීවි මම කියන්නේ ඇත්ත කියල. නිකමට හිතන්න රාජපක්ෂ සහෝදරයෙක් තමන්ගේ “පුංචි අම්ම ” එක්ක විවාහ වෙලා  හිටිය නම් ජවිපෙ මොනවා නොකියයිද? 

  1. ජවිපෙ නායකයෙකු වූ නලින්ද ජයතිස්ස සමරිසියන් ගේ අයිතිවාසිකම් හෙලා දකිනවා. මේ තත්වය ඔබ දකින්නේ කොහොමද?

ඒක එයාගේ පුද්ගලික මතය හෝ ජවිපෙ මතය උනත් ඒක ලංකාවේ දුප්පත් ජනතාවගේ දැවෙන ජීවන ප්‍රශ්නයක් නෙවි නිසා මට නම් එය වැදගත් නැහැ.එහෙම ඇසුරකට කවුරු හරි කැමති නම් ඒක එයාගේ පුද්ගලික ප්‍රශ්නයක්. ඒවා මිනිස්සුන්ගේ නිදන කාමරවල ප්‍රශ්න! පැරිසියේ, ශතලේ ප්‍රදේශයේ “මෝවේස් ගාර්සොන්” මාවත තියන  මුළු කලාපෙම ප්‍රසිද්ධ සමලිංගික ඇසුර ප්‍රිය කරන අය මුණ ගැසෙන කලාපයක් ලෙස. ප්‍රංශයට ඒවා ප්‍රශ්න නෙවෙයි. මොකද මේවා නියම සිස්ටම් එකකට දුවන දියුණු රටවල්. ලංකාවටත් ඕන හොඳ සිස්ටම් එකක්. එතකොට ඕවා ප්‍රශ්න නෙවෙයි. මම පොඩි කතාවක් කියන්නම්. ජවිපෙ හිටපු දිසා ලේකම් කෙනෙකු වන “රන්ජිත් පීරිස්” සම ලිංගික ඇසුරට තදින් ඇබ්බැහි වුවෙකු බව විජේවීරත් දැනගෙන හිටියා. විජේවීරට එය ප්‍රශ්නයක් වුණේ නැහැ.දවසක් මොකක් හරි වැඩකට රන්ජිත් පීරිස් හෝ  තවත් අයෙකු යවන්න ඕන උන වෙලාවේ ” හරි කවුද යන්නේ කියල බලන්න අපි ගලද? මලද? කියල බලමු.” කියල අත් දෙක මිට මොලවා ගෙන කතිරයක් වගේ තියා ගත්ත විජේවීර, “තමුසේ නම් ඉතින් කොහොමත් තෝර ගන්නේ ගල තමයි කිව්වලු. විජේවීර ඒ වගේ විහිළු කරන  කෙනෙක්.  

  1. ජවිපෙ ෆුල් ටයිමර් කෙනෙකුගේ ජීවිතය විස්තර කරන්න පුලුවන්ද?

ෆුල් ටයිමර් කෙනෙක් කියන්නේ පක්ෂේ සංවිධාන ව්‍යුහය ඇතුළේ ඉන්න කාඩර්වරයෙක්. ඔහු අඩුම තරමින් ආසන කමිටුවේ නියෝජිතයෙක් වෙන්න ඕන. මූලික පන්ති පහට පස්සේ දින 8 අද්‍යාපන කඳවුර, හැකිනම්, සති 4 ජාතික කඳවුර ට සහභාගී වෙන්න ඕන.පක්ෂය කියන ඕනෑම ප්‍රදේශයක වැඩට යා යුතුයි. පවරන  ඕනෑම කාර්යයක් කළ යුතුයි. කිසිම ගෙවීමක් නැහැ. පුළුවන් තරම් “කොකු” ගහල සාමාජිකයෝ එකතු කරගෙන ඔවුන් දෙන කෑම බීම වලින්,ඇඳුම් පැළඳුම් වලින්, බස් ගාස්තු වලින් යැපෙන්න ඕන. ධර්මය ප්‍රචාරය කරන ගමන් පිණ්ඩපාතයෙන් යැපෙන භික්ෂූන්ගේ ආදර්ශ චර්යාවෙන් තමයි පූර්ණ කාලීනයා කියන චරිතය ගොඩ නැගුවේ. අද විහාරස්තාන වලට වෙලා දානය ලැබෙන තුරු බලා ඉන්න හාමුදුරුවරු මිසක් පිණ්ඩපාතේ වඩින්නේ කීයෙන් කී දෙනෙක්ද? විවාහ නොවුන තරුණ සාමාජිකයන්ට ෆුල් ටයිමර් දුක කාලයක් දරා ගන්න පුළුවන්. විවාහක, දරුවන් ඉන්න, වෙන ආදායමක් නැති අයට හැමදේම අනුන්ගෙන් ලැබෙන තුරු බලාගෙන ඉන්න පුලුවන්ද? ඒක මොන ජීවිතයක්ද? ජවිපෙ නායකයෝ තමයි තමන් යැපෙන්නේ  එහෙමයි කියන්නේ!!!. ඒක පට්ටපල් බොරුවක්. කිසිම ප්‍රායෝගික බවක් නැති, තර්කානුකූල නැති කතාවක්. 

  1. විප්ලවය පිට දමා කළ මිනීමැරුම්,, මංකොල්ල කෑම් සහ පුද්ගලික උවමනාවන් වලට ඒවා කළ පිරිස් ගැන ඔබගේ අදහස? 

පුද්ගල ඝාතනය ත්‍රස්තවාදයක් කියල මම පිළිගන්න නිසා කොන්දේසි විරහිතව එයට විරුද්ධයි. ජවිපෙ විප්ලවය වෙනුවෙන් මංකොල්ල කෑම් වලින් මුදල් හොයන්න පටන් ගත්තේ JR ගේ පාලනය ඔවුන් අසාධාරණ ලෙස තහනම් කරලා, නීත්‍යානුකූල මාර්ග අහුරපු නිසා. අවසාන අරමුණ යහපත් නිසා විප්ලවය වෙනුවෙන් ගන්න ඕනෑම පියවරක් සාධාරණයි කියන මතයකුත් තියෙනවා. 1988-89 කාලේදී ජවිපෙ හැර පාදඩ නිර්ධන පන්තියේ විවිධ කොටස් මේ මංකොල්ල කෑම් කෙරුවා. හොඳයි! කොහොම වෙතත් මංකොල්ල කෑම් අනුමත කරන්න බැහැ කියමු.  විප්ලවය වෙනුවෙන් මංකොල්ල කෑම් කරන මිනිස්සු ඒවා කරන්නේ තමන්ගේ ජීවිතය පවා විප්ලවය වෙනුවෙන් පූජා කරමින්! ඒක සෙල්ලමක් නෙවි. එතකොට, මහජනයා ගේ ජන්ද වලින් බලයට ඇවිල්ල නීත්‍යානුකූල විදියට තෙල් සංස්ථාව, සතොස, මහා බැංකුව සහ රටේ වෙනත් දේවල් කෝටි ප්‍රකෝටි වලින් මංකොල්ල කාල කිසි දඩුවමක් නැතුව යහතින් ඉන්න දේශපාලුවෝ ගැන මොනවාද හිතන්න ඕන? ඒ දෙකෙන් වඩාත් අවලස්සන, නිර්ලජ්ජිත, පාහර වැඩේ මොකක්ද?     

12)  ජවිපෙන් ඉවත් වන පුද්ගලයන් ද්‍රෝහියන් ලෙස ලේබල් කිරීම සහ සමහරක් විට ඔවුන්ව ඝාතනය කිරීම ගැන ඔබ සිතන්නේ කුමක්ද? 

එය ජවිපෙට තියන බරපතල රෝගයක් සහ භීතිකාවක්. සාමාන්‍යයෙන් ලංකාවේ වෙන දේශපාලන පක්ෂවල ද්‍රෝහියෝ නැහැ. ඔවුන් වෙන් වෙනවා. එකතු වනවා.තරහ වෙනවා. යාලු වෙනවා. සදාකාලික වයිරක්කාරයෝ නැහැ. ඔය ද්‍රෝහියෝ කියන වචනය තොග ගණනින් නිෂ්පාදනය කරන ෆැක්ටරිය අයිති ජවිපෙට. නායකයෝ කිව්වම සාමාජිකයොත් ගිරව් වගේ ඔහේ කියනවා. තේරුමක් නැහැ. 1971 ලොකු අතුලගෙන් පටන් අරගෙන 1989 දී ජවිපෙ නියෝග නොතකා බස් එලවපු ඩ්‍රයිවර්ලා, තේ දළු නෙලපු කම්කරුවෝ, ගෙවල් වල ලාම්පු පත්තු කරපු මිනිස්සු සේරම ද්‍රෝහියෝ වුණා. ඒත් සැබෑම ද්‍රෝහියෝ හිටියේ ජවිපෙ ඇතුළෙමයි. දිගට හරහට පාවා දීල මුළු දේශපාලන මණ්ඩලයයි, මද්‍ය කමිටුවයි හමුදාවට අල්ලලා දුන්නේ කවුද? ජවිපෙම නායකයෝ. එතකොට එයාල ද්‍රෝහියෝ නෙවෙයිද?  හමුදාවෙන් පඩි අරගෙන පාවා දෙන ජොබ් එක කරපු වාස් තිලකරත්න කවුද? ජවිපෙ නිෂ්පාදනයක්! හිටපු දේශපාලන මණ්ඩල සභිකයෙක්! සෝමවංශ අමරසිංහ ජවිපෙන් ගිහිල්ල අනුර කුමාරට ප්‍රසිද්ධියේම තක්කඩියෙක්, බොරුකාරයෙක් කියල බැන්න. (දෙරණ 360) වෙනම පක්ෂයකුත් හදාගෙන අන්තිමට මහින්දගේ වේදිකාවටත් නැග්ග. අන්න එතැනදී විතරක් සෝමවංශට ද්‍රෝහියා කියන්න ජවිපෙ බයවුණා. කුමාර් ගුණරත්නම් ආණ්ඩුවට අල්ලලා දෙන්න අනුර කුමාර ගෝටාභය රාජපක්ෂට ඔත්තු දුන්න. එතකොට අනුර කුමාර මොකෙක්ද? හබරාදුවේ ජෝර්ජ් රත්නායක, නන්දන මාරසිංහ, විජය කුමාරතුංග, ප්‍රේමකීර්ති ද අල්විස් ද්‍රෝහියෝ කියල මරල දාන්න ජවිපෙට තිබුන අයිතිය මොකක්ද? ඒ කරපු කාලකණ්නි අපරාධ වල සාපය අද පවා ජවිපෙ පසු පස්සේ පන්නගෙන එන්නේ නැද්ද?

Confusion worse confounded

November 11th, 2018

By G. H. Peiris Courtesy The Island

The ‘Opinion’ co-authored by Professors Savitri Goonesekere and Camena Guneratne titled ‘Constitutional Governance in a Parliamentary Democracy’ (The Island of 7 November) is the third in a series of attacks by the ‘Friday Forum’ on President Sirisena’s alleged violation of the constitution. In the present onslaught, there is a shift of focus from their earlier advocacy of employing the ‘objective and intention’ of the framers for determining the impact of a disputed constitutional provision, to highlighting the preeminence of Article 33 A of the ‘19th Amendment’ which stipulates that the President “shall be responsible to parliament for the due exercise, performance and discharge of his powers, duties and functions under the Constitution”. Claiming that “it is parliament that must decide whether he has acted lawfully from the 26th of October 2018”, the two professorsurge the immediate summoning of the prorogued parliament without waiting until the 14th of November (as notified by the President) so as to enable the parliament to decide whether the ‘regime change’ the president initiated and his prorogation of parliament constitute violations of the Constitution.

Parliamentary and Presidential Powers

A component of the Goonesekere-Guneratne submissions that lacks clarity relates to the interpretation accorded to the phrase “shall be responsible to parliament”. Does this phrase mean that the president requires prior or postfactum parliamentary approval for exercising his powers, duties and functions – in short, did the ‘19thA’ enforce a transfer of presidential powers to the parliament?If it is ex post facto approval that are referred to in the submissions, is there any constitutional stipulation on how soon the president must seek such approval?

Having carefully gone through the Constitution of Sri Lanka as it stands at present (with all its amendments) I do not find any departure from the stipulation that the powers of adjudication over constitutional disputes are vested exclusively in the Supreme Court and not in the parliament. Indeed an implicit acknowledgement of this fact in the somewhat ludicrous professorial ‘alternative’ suggested for avertingthe crisis is “for the President to go before the Supreme Court, the third agency that represents the sovereignty of the people under Article 4 of the Constitution, and seek a clarification on the lawfulness of his action in this time of crisis”– a pronouncement endorsed by the entire ‘Friday Forum’ galaxy! If they actually believe in what the professorial duo say about this ‘Crisis’, one wonders why they have refrained from submitting their grievance to the Supreme Court?

Misrepresentation of the relevant Constitutional Provisions

I am reluctantly compelled to state that there is an element of intellectual dishonesty in the attempt made in this ‘Opinion’ to sanctify the Article 33A and to elevate it to the status of an overarching provision, and to link it to the principle of ‘Rule of Law’ that has been universally recognised as a corner-stone of democratic governance (which I was taught in the HSC course on ‘Government’) even before my first year at the university.

The version of the Constitution that could be accessed through the ‘Parliament’ website indicated how that Article has been incorporated

Paragraph 6 of ‘19A’ reads as follows:

6. The following Article is hereby inserted immediately after Article 33, and shall have effect as Article 33A of the Constitution:-

33A. The President shall be responsible to Parliament for the due exercise, performance and discharge of his powers, duties and functions under the Constitution and any written law, including the law for the time being relating to public security.”

THERE IS NO MENTION IN THIS PARAGRAPH THAT THE ENTIRE ARTICLE 33 IS REPEALED.This is confirmed by the fact that in the document published as The Constitution of the Democratic, Socialist Republic of Sri Lanka by the government after the insertion of the foregoing amendment, Article 33 in May 2015 reads as follows:

33. (1)It shall be the duty of the President to –

(a) ensure that the Constitution is respected and upheld;

(b) promote national reconciliation and integration;

(c) ensure and facilitate the proper functioning of the Constitutional Council and the institutions referred to in Chapter VIIA; and

(d) on the advice of the Election Commission, ensure the creation of proper conditions for the conduct of free and fair elections and referenda.

(2) In addition to the powers, duties and functions expressly conferred or imposed on, or assigned to the President by the Constitution or other written law, the President shall have the power –

(a) to make the Statement of Government Policy in Parliament at the commencement of each session of Parliament;

(b) to preside at ceremonial sittings of Parliament;

(c)to summon, prorogue and dissolve Parliament; (my emphasis)

(d) to receive and recognize, and to appoint and accredit Ambassadors, High Commissioners, Plenipotentiaries and other diplomatic agents…

Why is it that the two spokespersons made no comment on 33 (2) c?

If I have made an error here, I shall be most grateful for a well-informed correction.

Misunderstanding the Nature of the Crisis

I fully agree with what the ‘Friday Forum’ has said about the existence of a crisis. There is so obviously a crisis (stemming from geopolitical considerations) for those who installed the Yahapalana regime in 2015 – the more powerful members of the NATO, their allies and their lackeys (including those of the Colombo-based NGOs); the Modi government of India (referred to in an article authored by an Indian scholar which I have cited elsewhere); the pro-secessionist outfits in the “Diaspora”; and those whom the LTTE installed in the political mainstreams of Sri Lanka. There is also a crisis of sorts by those who secured prestigious posts in State-sector institutions as rewards from their political masters for loyalty and support. The seriousness of the crisis varies. Perhaps the most calamitous prospects are faced by several persons in the elite levels of the ousted regime who are likely to be called upon to answer for the damage they have caused to the nation, their abuse of power and their vindictiveness at a personal plane.

The irony I see in the Goonesekera-Guneratne ‘Opinion’ is their disregard of the fact that President Sirisena’s reforms were intended to avert an aggravating crisis. Even if the ‘Friday Forum’ does not care a damn about the alleged assassination plot, the unprecedented scale of the ‘Central Bank Scam’ and several other large-scale financial misdeeds such as those involving the airline and the Kerawalpitiya power plant, the imprisonment of members of the security forces who are regarded by the overwhelming majority of our people as “national heroes” who saved the country from peril,mainly for the appeasement of the western powers to whom the Wickremesinghe administration has made absurd commitments (while certain unrepentant collaborators with LTTE by word and deed have rewarded with all manner of favours), the bilateral economic agreements the former has entered into with the backing of only his close circle of cronies, the members of the ‘Forum’, if they wish to safeguard their self-respect, cannot ignore considerations such as the denial of the democratic rights of the people by the absurd delay of the Provincial Council elections, the evidence of the huge erosion of people’s support to the UNP indicated both by the Local Government polls of February this year, as well as the seething unrest at almost all levels of our society generated by the maladministration of the ousted regime.

Ranil’s untested constitutional theories?

November 11th, 2018

Have you heard about the Orange Book Liberal, Nick Clegg? He is in our constitution, having stealthily creeped in through the 19th Amendment in Article 70. Luckily, most strange (or Orange) theories are still in Ranil Wickremesinghe’s (RW) head and not in the constitution.

Can you remember that he (RW) touted the idea of an executive prime ministerial system in the late 1990s? He did that based on the system in Israel at that time (1992-2003), but Israel itself has since changed the idea after disastrous results. Nevertheless he continued with the idea and tried his best to implant some of the elements through the 19th Amendment.

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Ousted Prime Minister Ranil Wickremesinghe, flanked by his aides, acknowledging crowds that had gathered to protest against his removal, in Colombo.

RW says that the “constitution doesn’t make provisions for personal prejudices,” as if to spite Maithripala Sirisena (MS). He only wants the constitution to work for his personal interests.

RW’s Hindu Interview

The recent most evidence of these strange orange theories is in the interview RW has given to The Hindu (reproduced in ‘The Island’ today, 9 November 2018). The following is the key paragraph from the report.

“Mr. Wikremesinghe, who has pegged his chances entirely to a floor test, has ruled out a court appeal on the matter, citing the Parliament’s “supreme judicial powers.” Reiterating the position, he said: “Even if you go to court they will send you back to parliament on this matter. We are different from yours [Indian context].”

According to RW, ‘we are different to the Indian democracy,’ not because of Sri Lanka’s presidential system, but because of his ‘imaginary parliamentary supremacy’ and subordination of the judiciary to it. Parliamentary supremacy was there in the 1972 Constitution, yet subordinated to the sovereignty of the people, but not in the 1978 Constitution even after the 19th Amendment.

There is nothing particularly wrong in pegging his or any other’s political chances entirely on the floor test. But if he wanted to question or challenge the constitutionality of his dismissal, he should have gone before the Supreme Court.

RW and his supporters, also in the ‘civil society’ sector, are obviously expressing an understandable political disappointment or despair on the Prime Minister’s dismissal by the President. But that is not a constitutional argument. According to Articles 125 of the Constitution, “the Supreme Court shall have sole and exclusive jurisdiction to hear and determine any question relating to the interpretation of the Constitution…” That is the right place to go without creating instability and chaos.

This is the matter that Wickremesinghe has shied away in the ‘The Hindu’ interview, lamely saying, “We are different from yours.” That is not true. In respect of the interpretation of the Constitution, the role of the judiciary, and the importance and independence of the judiciary, we are the same as India. RW or his supporters cannot snatch that judicial powers from the Supreme Court saying “we are different.”

Wickremesinighe has taken matters to himself (a lawyer of course) also saying “Even if you go to court they will send you back to parliament.” How does he know? Why does he hesitate? Why not test? Why create instability, chaos, now violence in the country instead?

Role of the Speaker

There are other strange and untested constitutional theories that have been put forward by several sections of society regarding the ‘role of the Speaker’ and related matters. First, they objected to the President’s dismissal of Wickremesinghe. Then they started lamenting his prorogation of Parliament as unconstitutional, the accusation which had no basis at all though one could claim it is not ideally democratic.

But what was most strange and even purely unconstitutional was to ask the Speaker to ‘convene Parliament forthwith,’ while the President was also being pressured revoke the prorogation. This was there in the so-called statement by ‘Professionals on Constitutional and Political Crisis’ (CT, 2 November 2018). These people are apparently not independent. Some of them are paid employees and legal advisors to RW. Some others have financial stakes in former government’s projects.

The origin of the idea that the Speaker has power (over President) in respect of convening Parliament is basically a RW’s orange theory. This is what ‘The Hindu’ reported: “The Parliament’s power is supreme and that is what the Speaker has upheld,’ he [RW] said, referring to Speaker Karu Jayasuriya’s statement on Monday.”

It was based on this theory that the Speaker attempted to convene Parliament on 7 November, but failed. Testing this possibility, he also issued a strong statement on 5 November, the main unconstitutional or controversial elements of the statement are as follows.

“It is my duty as Speaker to summon Parliament by 7th November and restore stability in the country [!]. I consider it as the duty of His Excellency the President too to extend his support to me towards this end.”

It is very clear that he was trying to take over the powers of convening Parliament from the President, based on RW’s theory that Parliament is supreme. This is what the so-called professionals, also quite unprofessionally asked the Speaker to do. In his statement, the Speaker also tried to assert the power ‘to restore stability in the country,’ which is clearly a task of the President. He also asked the President to extend support to him, quite arrogantly.

Arab Spring?

It appears that these people were or are attempting an ‘Arab Spring’ in Sri Lanka. They failed once on the 7th because the Secretary General of Parliament or other public servants did not want to heed the unconstitutional orders of the Speaker. The UNP also didn’t have the people’s support. The proposers or the instigators themselves were hesitant.

They might attempt it again. It is well known that Arab Spring was a disastrous process of regime change through violence and extra-constitutional means supported by certain sections of the ‘international community.’ Various statements and activities by some Western countries are of quite suspicious under these circumstances. The ultimate aim of Arab Springs appeared to be to destabilize the developing countries in the Middle East and North Africa, but also attempted elsewhere to achieve the same objectives.

The Speakers statement on 5 November have major constitutional implications. Other than trying to convene Parliament on his own, he was also trying to determine who is the Prime Minister on his own. This is again a RW’s orange theory that he had picked from several neoliberal in Britain (Nick Clegg, David Laws, Edward Davey etc.). They are almost nonexistent in politics today. The Speaker’s following statement is quite unwarranted and in defiance of the President.

“I wish to emphasize that I am compelled to accept the status that existed previously [RW as PM] until such time that they [UNP] and the new political alliance [Sirisena and Rajapaksa] prove their majority in Parliament,” he said.

Nick Clegg and Article 70

Given the uncertain political situation in Parliament after the collapse of the National (Unity) government and the subsequent volatile situation in the country, the advisability of going directly before the people have been proposed and discussed by many people. I myself suggested that it might be the best option available (‘Evolving Disaster: Agreeing to call for election might be the best option’). Because people are supreme and sovereign, and an election could defuse the uncertain situation.

Again the dissolution of Parliament is a matter for the President under our Constitution. However, then you confront Article 70 which says the following.

“(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.”

What is the connection between this Article 70 and Nick Clegg? With due respect to him, he was the person, then Deputy Prime Minister of the UK, who proposed and got through the ‘Fixed-term Parliaments Act 2011’ same as Article 70. Of course he is not responsible for the Sri Lankan folly, unless someone in the UK advised RW to include it in the 19th Amendment.

What is wrong with this article or the fixed term? In my opinion, it is not suitable to a country like Sri Lanka which should have more flexibility given the country’s still evolving democracy. In the case of UK, it was introduced after some discussion and study. In the case of Sri Lanka, it was done arbitrarily and stealthily. The Fixed-term Act in the UK tried to prevent a PM trying to arbitrarily dissolve Parliament, by advising the Queen to do so. But in the case of Sri Lanka, RW tried to prevent the President from dissolving Parliament, without his or party’s advice. Or perhaps it was just an imitation whatever our former British colonial masters were doing!

There is a clear flimsy character for the way the 19th Amendment was formulated and the way the economic policies and other policy matters were handled by RW and his clique. It is completely wrong for the President to talk about ‘Butterflies,’ if he meant LGBT communities. However there was definitely a flimsy character for whatever RW and his clique were doing. The correct word would have been not ‘Samanala’ but ‘Sarwapithala’ to mean flimsy or bogus.

Conclusion

The 19th Amendment is one of the clearest root causes of the present crisis. Many aspects (not all) were based on some flimsy theories and premises. Although RW has argued that personal prejudices have no place in the constitution, his personal interests have been built into the system. It has attempted, but has failed to install presidential powers to the Prime Minister.

Even in respect of Independent Commissions, while there is some progress from the 18th Amendment, the attempt was made to keep a political hegemony of the ruling party in the Constitutional Council. The constitutional council is also not an appropriate term and CC is not at all about the constitution.

Most alarming are the contractions, ‘cut and paste,’ the failures in doing so, and disparities between the Sinhala, the Tamil and the English versions. The current controversies or different interpretations about the President’s powers to dismiss a Prime Minister are also largely due to these fundamental weaknesses of the 19th Amendment, apart from political biases. Let me conclude this article by highlighting the contradictions on the matter of the dissolution of Parliament. Whatever said in Article 70 in respect of fixed term of the Parliament, Article 33 (2) unequivocally says:

“In addition to the powers, duties and functions expressly conferred or imposed on, or assigned to the President by the Constitution or other written law, the President shall have the power, (a) to make the Statement of Government Policy in Parliament at the commencement of each session of Parliament; (b) to preside at ceremonial sittings of Parliament; (c) to summon, prorogue and dissolve Parliament; …”

What a contradiction between the two! The power “to summon, prorogue and dissolve Parliament” here is quite unequivocal, whatever the views, opinions or ‘despair,’ you and me have on the situation.

It is also Article 33 (2) (c), namely “to make the Statement of Government Policy in Parliament at the commencement of each session of Parliament” that the Speaker and the Arab Spring advocates were trying to block on 14 November. This is not a matter for the Standing Orders but part of the Constitution.

Full text of Lankan Prez Sirisena’s explanation of his decision to dissolve parliament

November 11th, 2018

Colombo, November 11 (newsin.asia): Here is the full and unedited text of Sri Lankan President Maithripala Sirisena’s televised address on Sunday explaining the reasons why he dissolved parliament earlier this week:

This is the third occasion in 14 days I am addressing you to explain recent developments. First, on October 26 I explained my views to you after appointing Mr. Mahinda Rajapaksa as Prime Minister.

Full text of Lankan Prez Sirisena’s explanation of his decision to dissolve parliament

Then, at the meeting held at Ape Gama in Battaramulla on 5th November, I explained the political views to you. Today is the third occasion and significantly, this is the first time I address you after dissolving the Parliament. First, I must tell you the circumstances leading to the dissolution of the Parliament very briefly.

Our Parliamentary System began in 1947 after the end of the State Council System. Since then, the country was governed over the years with holding of elections and changing of governments. By the last week, in the highest institute that represents people’s supremacy to usher in a disciplined, ethical ad cultured society, the individual worth of Members of Parliament was estimated as Rs 100 million to Rs 150 million, and in one instance as high as Rs 500 million.

We have experiences about several political crisis and changes in the past. I remember the political crisis due to the opposition to the Lake House Bill in 1964. The government was changed due to that. However, since 1947 we have not seen of dissolution of parliament due to issues of corruption. The Central Bank robbery after 2015, the involvement in various corrupt practices since then and finally the political crisis during the attempts to show the majority support after the appointing of Mr. Mahinda Rajapaksa as Prime Minister and the value placed on Members of Parliament as I mentioned earlier were extremely unfortunate developments. All of you will acknowledge what a tragic situation in politics when the value of the Members of Parliament, who were elected to represent the people, were commercially evaluated.

That was one of the main reasons for the dissolution of the Parliament. The second reason was the most peculiar behavior of the former Speaker, Mr. Karu Jyasuriya. I am extremely sad about that. He is a good friend of mine. The Speakers of our Parliament since 1947, until now, traditionally conducted themselves in neutral and most impartial manner. I wish to state, that his behavior of disregarding Standing Orders and Parliamentary Conventions and attempting not to recognize the appointment of a Prime Minister by the President exercising his Presidential powers was the second reason for dissolving the Parliament.

I must remind you here that, as we take the situation in to account politically, following my victory on 2015 January 08th, when I appointed Mr. Ranil Wickremasinghe as the Prime Minister on the very next day, he had the support of a mere 41 members in the Parliament, whereas the sitting Prime Minister D.M. Jayaratne had the support of 162 members in the Parliament.

At that moment, as you know, those who talk about the majority today, were silent about that. Often, the custom is to appoint among the members of the Parliament, someone whom the President, in his opinion, can trust to get the support of the majority in accordance with the constitution. Following that appointment, the support of the majority is obtained in terms of the standing orders of the Parliament and in the Constitution of the country. However, in our Parliamentary tradition, there has been no occasion on which the majority support for a newly appointed Prime Minister has been tested by vote. Nothing of the sort happens under the standing orders. However, the second statement by Hon. Karu Jayasuriya violated those traditions. In his first statement, he accepted the appointment of Mr. Mahinda Rajapaksa as Prime Minister and stated that he would provide the rights and the privileges of the Prime Minister to him in the Parliament. That means, specially reserving the seat of the Prime Minister and the Office of the Prime Minister in the Parliament. His first press statement admitted this. However, his second statement was a complete deviation from it. In that he stated that he recognizes Mr. Ranil Wickremasinghe as the Prime Minister. I paid serious attention to this development. Members of Parliament from both sides issued various statements in media, that there would lead a big fight when the Parliament is convened on the 14th November. Some speculated that even death of some members would occur.

It appeared to me that, if I allowed the Parliament to be convened on the 14th, without dissolving it, it could have brought about commotion and fights, in every city and every village would lead to very unpleasant and difficult situation for the average citizens of my beloved country.

As such, the best solution was not to allow those 225 members in the Parliament to fight each other and allow that to develop into a street fights in every part of the country. It is my duty and the responsibility to take democracy to guide us, and create the situation for the fifteen million voters in this country take the ultimate decision by choosing their members to the Parliament through a free and fair election. As such, given the corrupt practices among Parliamentarians as well as the conduct of the Speaker, the best and fair solution to the political crisis that emerged was to allow the people decide in keeping with the principle of democracy. It was with that noble intention of upholding democracy that I dissolved the Parliament. I must state that a permanent and a clear solution to the current situation can be reached through a General Election.

The ultimate responsibility of holding the election rests with the elections commission. We need to extend our fullest support to the election commission. I humbly make the request from all those involved to extend their unwavering support to the elections commission, officers on election duty and the Tri-forces and the Police in their respective duties. We have chosen a new government. Now it is up to you to defeat the corrupt and elect clean Parliamentarians to represent you. I consider the decision uphold democracy by calling a general election is a welcome by all. The solution to many burning issues in the country such as the current high cost of living, achieving a prosperous economy, strengthening local industries, obtaining clean foreign investments, building a cultured and disciplined society, and strengthening democracy is to conduct an election and give the people the choice.

For this, purpose we take our Motherland to a new path. In order to create an intellectual young generation suitable for the technologically advanced world, we take steps while preserving our heritage of customs, traditions, ethics and culture for the present generation as well as the future generations.

Furthermore, you have an excellent opportunity now to elect intelligent and experienced representatives to govern. Hence, we give fullest support to the Gazette Notification on holding of General Elections and the steps taken by the Elections Commission accordingly. Here, I would like to remind you about one or two areas in which electoral laws have been violated in the past.

Firstly it is essential to stop misuse of public assets for the electioneering of political parties or candidates. Use of state vehicles for election campaigns must be stopped. As you are aware, during the former government as well as during the current interim government, the Ministries were provided with vehicles for the use of Members of Parliament. Today, we have an interim government comprising of the President, Prime Minister and Ministers. Under the 19th Amendment to the Constitution, the interim government will function during the elections period until a new government is established. As you know only the President, Prime Minister and Ministers are functioning in the interim government and in accordance with the regulations of the Elections Commission none of the former State Ministers, Deputy Ministers or MPs could use official vehicles for the election campaign. I request with respect to all the former Ministers and MPs to return their government vehicles to the Secretaries of Ministries immediately. If they do not act accordingly, I will have to ask the police to confiscate the vehicles and I will not hesitate to take strict legal action against the defaulters irrespective of their political party affiliations. I would like to kindly remind that use of government vehicles and public assets for elections is illegal and it should not be done.

Accordingly, we provide fullest cooperation to the Election Commission, Public Officials, Police and Tri Forces to conduct the elections. It is the responsibility of the Party Leaders, Ministers former MPS, candidates and the supporters and the public to ensure that elections are conducted peacefully without any acts of violence and conduct election by acting with dignified and responsible manner. While reminding all these, I urge you most respectfully to extend fullest cooperation to the efforts to take our great Motherland to be a peaceful, progressive and economically prosperous nation with a great governing structure and an ethical, cultured society that preserve our heritage, customs, traditions, ethics and culture.

 


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