Legal Action seems the only way available to protect mother Lanka
Posted on August 7th, 2013

Chanaka Bandarage, Sri Lanka Support Group, Australia

It seems all the protests and demonstrations against the 13th Amendment have come to no avail. The Government will hold the Northern Provincial Council (NPC) election on Friday, 21 September 2013, with the current provisions of the 13th Amendment intact.

The Government states like the eight other provincial councils, the NPC,  once formed will also not receive the Police and Land powers.

All Governments since inception of the 13th Amendment in 1987 suppressed giving Police and Land powers to provincial governments. This has been a good move.

It is refreshing to note that the current Government will also carry out this policy.

But, will the Government t be able to sustain the policy, when it will be under enormous international pressure to give those two powers to the TNA led NPC? The writer believes it is unlikely.

The moment Wigneswaran comes to power, he will ask for the two powers “”…” Police and Land.  When the Government  refuses to give them, the TNA and Tamil Diaspora will initiate a massive international campaign. That campaign will be different to the massive international campaign they launched worldwide during the last stages of the war; that campaign somewhat ended with the death of Prabhakaran and the fall of  Nanthikadal. Wigneswaran has already indicated  that his government will work  closely with the international community, ie, India and the West (note, Foreign Affairs is not a power that he will have under the 13th Amendment “”…” this shows his clear intention to disregard the Constitution).

India and the West will take the side of the TNA and will impose pressure on the Government until those powers are fully given. They may make threats to Sri Lanka such  as imposing economic sanctions, threat to take the country’s leaders to the War Crimes Tribunal in the Hague, suspend Sri Lanka from the Commonwealth, vote against Sri Lanka at the UNHCR sessions in Geneva or at the  UN General Assembly and the threat (bogus) that India will invade Sri Lanka.

No doubt the current Presidnet will bravely resist the demand to handover  the Police and Land powers to the TNA led provincial government, but under intense  international pressure, it is unlikely that such resistance can be sustained forever (this applies to any future Presidnet). The unfortunate thing will be that at that time, it will be too late to abolish the 13th Amendment.  Such action will clearly be seen as an act against the Tamil people who had elected their own provincial government.

In 1987, the then Presiden JR Jayawardane succumbed to immense Indian  pressure and agreed to sign the Indo-Lanka pact (after placing the whole country under curfew), which led to the enactment of the  13th Amendment. Presidnet Premadasa was brave to demand India to withdraw the IPKF from Sri Lanka, and India had no choice but to comply. The current President was brave to withstand the pressure put on him by the West during last stages of the war.

But, on this issue, when the two powers are already set out in the Constitution (13th Amendment) as Concurrent Powers to be shared with the provincial governments (in the event of inconsistency provincial council laws will prevail over the federal government laws, to the extent of inconsistency);  and India being architect of the 13th Amendment who openly advocates the full implementation of the 13th Amendment, it will be very difficult for any President to resist such a worldwide pressure. That pressure will be different to what the President experienced in 2009 to stop the war.

Wigneswaran has already stated his provincial council without Land and Police powers will be a toothless tiger. He along with his TNA members will fight to their last resource to obtain the full powers or more, granted to them under the Constitution.

Some of the dangers of giving the Police and Land Powers to a future NPC led by a separatist group like the TNA:

Police Powers

  • A Police Officer of one province cannot enter another Province without the permission of the Chie Minister of the other Province (Central  Government Police Officers (Federal) would not even be able to wear their uniforms when they enter another province. So, if a Federal Police officer enters the Northern Province (under permission granted by the NPC Chief Minister), they will have to remove the federal uniform, and wear civilian clothes.
  • The Provincial Police Commission will be controlled by the Chief Minister of the Province, it will be the Chief Minister who will appoint the provincial government DIG, not the Presidnet.
  • To the NPC Police force, TNA will appoint personnel that will speak Tamil only (including ex-Tigers). The TNA Police Force, that will bear arms, will  effectively be another military force. If the Sri Lankan military will remain in the  North (unlikely), it is possible that confrontation may occur between the two armed forces.
  • It will be very difficult for the Central Government Police Force (Federal) to investigate alleged offences by the country’s  citizens. That will be the duty of the provincial councils  (imagine having 9 separate Police forces in tiny Sri Lanka!). The Central Government Police force (Federal) will become a minute Police force who will be confined to duties in federal institutions like the airports (2), ports (about 4 or 5), defence installations (many), federal Parliament, Foreign Ministry, Supreme Court, Post Offices and Customs etc. A person who would commit a crime in the South (eg. a person like Pottu Amman), who would mastermind a range of criminal activities like bomb blasts in Colombo, can flee to the North and stay hiding there. Only the Northern Police can arrest him. The Federal Police will have to seek an “ƒ”¹…”extradition order’ from the NPC Chief Minister to prosecute the offender in the South.

Land Powers

  • The TNA provincial government will be able to sell, transfer, lease, mortgage, donate, and acquire land anyway it likes within the province. This is exactly what the LTTE fought for. Currently these powers exclusively vest with the Central Government.
  • Once the TNA wins the NPC, it will be almost impossible for any person in the South to live in the North. This  will be a grossly unfair situation for the Sinhalese “”…” the South of Sri Lanka is jam-packed with an ever-growing population. There is hardly any space left in the South for human expansion. The only areas available for future human habitation/expansion is in the Northern and Eastern provinces. 
  • The future TNA Government will seriously discriminate against the Sinhalese. They will not allow the former Sinhalese in the North to  re-settle (about 100,000).
  • The NPC government can even block the Sinhalese from travelling to the North entirely, even though freedom of movement is enunciated in the Constitution.
  • Once TNA comes to power the Sinhalese currently living in the North can be chased away. There are pockets of Sinhalese settlements in the North “”…” these people have lived in the North for generations.   The TNA MP Mr Suresh Premchandran recently threatened the Sinhalese who are resettled in Navatkuli Village near Jaffna (6 km from Jaffna) that they must return to  the South. This is a forewarning as to what we can expect from  a future TNA government. Will S and M (two brave female Sinhalese women of Navatkuli) and their compatriots who have lived in Jaffna since birth (with intermittent spells of time away from the North), be expelled from the  North by the TNA? it is worth  observing these post -election developments.
  • Many Northern Sinhalese are living under licenses issued to them by the Land Reforms Commission (LRC). The TNA Provincial Council with Land Power will be able to revoke these licenses, and chase the Sinhalese away. Past experience show that the international community  will not show any concern or  empathy towards the Sinhalese when they are harassed and/or discriminated against by the Tamils (ie, the LTTE).
  • With the TNA  in power in the North, it will be possible for them to provide easy passage to such enemies of Sri Lanka like Vyko, Nedumaram, and  Seaman et al, who advocate secession of Sri Lanka,  even to set up para military style camps in the North.  It is not a secret that Vyiko and Nedumaram had wanted to establish such camps in Sri Lanka. Nedumaram had been to Sri Lanka several times in boats (without a visa). He wined and dined with Prabhakaran and returned to Tamilnadu, without getting caught by the Navy. The distance he had to travel was a mere 30 km.
  • Once TNA is in power, possibly due to international pressure,  the Sri Lankan military may likely to be confined to Northern barracks or they could be withdrawn mostly from the North. Though the Government will resist these demands, the international pressure will be so huge, it is unlikely that the Government will be able to withstand them. 
  • Boatloads of illegal immigrants can freely sail from India to Sri Lanka. Some can come in the guise of fishermen. The illegal migration of Tamils into Sri Lanka is not an old phenomenon, it has happened since time immemorial. Chola and Magha were some of them, in fact, invaders. Then the Kallathonis, who come even now. This activity can flourish  once the Land and Police powers are vested with the future Northern provincial governments.
  • It will be very easy for these Tamilnadu illegal immigrants (there are 70 million Tamils in Tamilnadu) to obtain Sri Lankan citizenship. It is well known that the Tamil separatists are masters in producing forged  documents.  Even in today’s Sri Lanka, one can prepare a National Identity Card (NIC) even from home. As far as the writer is aware, the name on the NIC is still handwritten.  For the illegal immigrant, it will be just a matter of writing their  name on the photocopied yellow NIC paper and then laminate it “”…” then they have the Sri Lankan NIC!  Armed with that and the forged Birth Certificate, they can  apply to obtain the Sri Lankan Passport . If a higher fee is paid, it will be issued within 24 hours! (this alone shows that the documents  may not be thoroughly checked before issuing the Passports). 
  • It is true document fraud happens everywhere in the world, but, in Sri Lanka we deal with master crooks, who until few years ago were engaged in the most brutal terrorist activities of the entire world. As opposed to other countries, sadly there is very little criminal prosecution in Sri Lanka for such forgery (the writer has heard stories that there are Maldivians (and Pakistanis) living in Sri Lanka illegally, using the system above mentioned and other methods; he is unable to confirm the authenticity of  the stories.

Once the Government gives those powers (Land and Police), that will be the end of One Sri Lanka.

Apart from the above Police and Land powers, the separatist NPC can discriminate against the Sinhalese living in the North on the grounds of Health (withholding medicine etc to Sinhala area hospitals), Education (step- motherly treatment to Sinhalese schools, teaching fake Tamil Elam history etc), Roads (not maintaining roads in Sinhala villages), Transport (non- provision of public transport to the Sinhalese). The ways to discriminate the Sinhalese are unending.

Furthermore, just like how the Tigers ran them, the separatist NPC government will have the power to run their own Courts (they can have their own Attorney General, Solicitor General, Judges etc), Banks, Railway and Bus stations, Fisheries  Harbours, Radio /TV Stations etc. The TNA government will have powers to legislate on such important areas as the Environment, Sports, Irrigation, Rivers, Lakes, Wildlife, Forestry, Cultural Affairs, Agriculture  and National Heritage etc.

Given the enormous international support they have (ie, from India and the West), having the above powers alone (sans the  Police and Land powers), the TNA led NPC may be able to make a successful UDI (Unilateral Declaration of Independence).  This is how Kosovo was accepted as a new nation “”…” a declaration of independence by a group of people. The main criteria for Kosovo’s formation and the recognition of the Baltic nations (Croatia, Bosnia, Albania etc) was the West’s perceived bias against Serbia (similar to what Sri Lanka is currently facing).

The development of international law (both customary and codified); is so western centric,  we live in an era where new nations are constantly being created at the whim and fancy of the West. Note  the new nations that emerged since the World War 2 “”…” Israel, Taiwan (true, like Kosovo, it is still not UN recognized), Pakistan, Bangladesh, South Sudan, East Timor, Eritrea, Sikkim (now part of India), Falklands (now part of the UK), Puerto Rico (part of the US since 1917), Reunion Island (now part of France), South Ossetia, Abkhazia, Ingushetia, Georgia and Kosovo.  Then, all the new nations that emerged from the breakup of the former Soviet Union. As it has no Western support, Palestine is still a non-nation.

Thus, as also stated by the writer in a previous Media Release, Wigneswaran may make a UDI even without those two powers. It is expected that the TNA will gain more than 75% of the vote at the forthcoming election.  It has already stated they will ask the world to consider the NPC election result as a Referendum for a separate Tamil State in Sri Lanka; true they are very cautious as to what they say now, before the election, but they will loudly demand for the recognition of Tamil Eelam after their historic, grand victory “”…” on Friday 21 September 2013.

India will be the first country to accept Tamil Eelam as a new nation, the West will follow suit.

One may say these predictions are farfetched and fanciful.

The future  is formed from events in the past and present. One can predict the future by studying them, also using his/her visionary skills.

The readers will agree that giving the North to a group of people who have openly stated that they do not believe in a unitary Sri Lanka (this is exactly what the TNA has been saying until very recently), and that they actively advocate secession, is akin to handing over the care of chooks to the fox (or using another parable,  placing Dracula in charge of the Blood Bank).

Even V Perumal during his very short spell as the Chef Minister did not hesitate to make a UDI (Unilateral Declaration of Independence); true he failed. This shows the sheer desperation and  urgency the separatist Tamils have to carve out a separate nation within Sri Lanka. The TNA is worse than  Perumal (we should not forget they were the LTTE proxy in the parliament). Already, Sampanthan is a highly regarded statesman worldwide. Upon formation of the Tamil Eelam, sometime later in the future, it is highly likely he will be award the Nobel Peace Prize. He will thereafter be treated by the world (ie, the West, who ‘run’ today’s world) like Tutu, Suu Kyi, Dalai Lama etc.

On the last occasion the Tamil UDI failed because India did not recognize it. But today’s India is much different. As stated before, India will be the first to recognize new Tamil Eelam (it may be called by a different name).  Irrespective of whether the Congress or BJP are in power “”…” it is the best way for them to win the Tamil vote and the Tamilnadu vote is crucial for both parties to form a majority government. There is no material benefit for an Indian political party to take the side of the Sinhalese, who are about 15 million in population and confined only to Sri Lanka.

In 1991 or so, the then President, Premadasa was able to  very quickly invoke Article 154J of the Constitution to dissolve Perumal’s government  (this provision , the only one available, allows the dissolution of a Provincial Council, using the  Central Government’s “ƒ”¹…”Public Security Ordinance’ based on  threat to the country’s security owing to war or external aggression or armed rebellion).  This time it is doubtful whether or not the President Rajapaksa (or a different President ) would be able to dissolve the future Northern Provincial Council using  the Article 154J.  That time President Premadasa used it because Perumal tried to mobilse the province’s 15,000 strong police force like an “ƒ”¹…”Army’, but this time the calling of the UDI by Wigneswaran  (under the able leadership of Sampanthan) will be an entirely peaceful act.  Furthermore, once the new nation is recognized by several important countries like India, the US, the UK, Canada etc,, Sri Lanka will not be able to do anything to oppose the recognition (like the Kosovo case).

The beauty of it will be that like Kosovo and many other new states, the Sri Lankan Tamils will also get their long desired state (Tamil Eelam), without a single bullet being fired.

If we stop the mechanism ( the vehicle) that will bring TNA to power (the NPC Election), we can at least for the moment stop the Tamil Eelam being formed. The only avenue available at the moment seems legal action, to be initiated in the Supreme Court. If an injunction or other similar Order can be obtained from the Supreme Court to postpone the election (due to Article 80 (3) of the Constitution, it is impossible to challenge the unlawful enactment of the 13th Amendment in 1987), that process will assist the government also, which is now embroiled in the preparations to host the CHOGM in November. As things currently stand, it will be very difficult for the Government to postpone the NPC election or  abolish the 13th Amendment ( by way of a 2/3 vote in the parliament or by Referendum) prior to  CHOGM. If these actions are now undertaken,  CHOGM  leaders may boycott the summit and  Sri Lanka may be suspended from the Commonwealth. True, Sri Lanka should not be concerned about them – preventing the TNA or similar separatist outfit, who are hell-bent on creating the Tamil Eelam after gaining the NPC power, is the most important need of the country –  a matter that goes to the country’s sovereignty,  than hosting the CHOGM, which has no relevance to 21st century Sri Lanka, or for that matter any other 3rd world Commonwealth nation. But, since the Government does not want to muddy the waters, it is better if the Order to postpone the election is made by the Supreme Court, an independent arm of the Government. Then, no one can apportion blame on the Government, and CHOGM leaders would understand this.  There are several grounds available to challenge the holding of the NPC election in September in the Supreme Court.

Once CHOGM is over, rather than holding the NPC election with the current 13th Amendment intact, the country can be well protected if the election is held after abolishing the Police and Land powers from the Constitution, or totally abolishing the 13th Amendment by way of a nationwide Referendum (as enunciated in our numerous Media Releases, the latter is the best solution for the country). The total abolishment will mark the end of the entire provincial council system – all of the nine provincial councils, who are nothing else but huge  white elephants.

Finally – it was thanks to late HL De Silva, Eminent Counsel, that  we  won the previous Supreme Court case; otherwise the North and East are still merged. Always, it is just one or two who will come and rescue others, this time it will be the brave lawyer/s in Sri Lanka who will file the legal action and argue the matter in Court to obtain the postponement.

74 Responses to “Legal Action seems the only way available to protect mother Lanka”

  1. Senevirath Says:


  2. Ratanapala Says:

    Ever since the victory at Nanthi Kadal this president has been taking the country on the garden path with respect to politics. It is nothing but Raja Pissuwa. Nothing else can explain this madness. He is completely ‘circled’ by the Colombians and he is pandering to their whims and fancies. On top of the CHOGM extravaganza he wants to invite the leader of one of the most despotic regimes the Pope. All these events are at a tremendous cost to the ordinary people. This president is simply trying to pass time and pass over his responsibility without actually meeting the threat.

    As long as the 13th Amendement is there in the constitution the Eelamists can ask for it legally and point out non compliance.

    As the writer has so well explained there is no point in saying that Police and Landpowers will not be given as has been done with the other Provinces. Northern Province will be an entirely a different kettle fish to deal with. All what the writer says will come to pass and Sri Lankans will be left to handle the aftermath.

    Even if President Rajapakse is able to withstand the pressure what is there to prevent a future President not handing over these powers? The likes of another JR or even a ponna Ranil comes to mind.

    All the efforts of the Ranaviruwoes will be in vain. All the sacrifices of a nation in blood, sweat and tears for over 3 decades will be brought to nothing. Forever the rest of Sri Lanka will be left with a belligerent administration that will be poking at the seams of the leftover Sri Lanka till it is quartered and butchered into nothingness.

    It is time for all patriotic Sri Lankans to engage in peaceful protests all over the island for the biggest threat to the Unitary Sri Lanka is now at hand. Let not the country that was saved by the Defence Secretary Gotabhaya and his Ranaviruwoes die this inglorious death!

  3. Lorenzo Says:

    Recent violence in Weliweriya is a stupid situation.

    Fresh water is DRYING UP in the WORLD. NOT EVERYONE will have good drinking water soon. July the HOTTEST month creates water shortage. This problem will WORSEN in future.

    Sinhalese MUST be given PRIORITY in having good water if SL is to survive.

    Who is ROBBING the good drinking water from SINHALA AREAS (like Ampathalai, Labugama) and PUMPING INTO Tamil areas in Colombo city where water is WASTED?

    This is the REAL reason why Sinhalese have NO good water and Tamils NEVER GO WITHOUT good water!

    There is NOTHING the army or the govt. can do about it UNLESS they fix the real problem.

    Now some will attack me for telling the TRUTH. Is it not the truth?

    How can SL have good drinking water for all when MOST countries are experiencing the lack of it?

    When Colombo was NOT COLONOZED and OCCUPIED by alien language speaking people, people around HAD good water. Always!!

  4. Lorenzo Says:

    This is Rajapaksha political SUICIDE.

    Gampaha district had the highest support for MR and BR. BR broke all records to receive the HIGHEST number of preference votes from Gamapaha district.

    Now they kill their voters, rob their water and give it to Tamilians in Wellawatta, Kottanchenai, etc. who NEVER support the govt.

    What a FOOLISH thing to do!!

    Good water is getting SCARCE. Global warming, over population or whatever you call it. We must decide WHO will have good water in priority or equally.

  5. Sampath Says:

    Fully Agree:

    “If we stop the mechanism ( the vehicle) that will bring TNA to power (the NPC Election), we can at least for the moment stop the Tamil Eelam being formed.”

    “preventing the TNA or similar separatist outfit, who are hell-bent on creating the Tamil Eelam after gaining the NPC power, is the most important need of the country – a matter that goes to the country’s sovereignty, than hosting the CHOGM,”

    “The only avenue available at the moment seems legal action”. Yes, this will help the Government to host CHOGM

    Some monumental mistakes by the Government:

    1.The Government should not have decided to hold the NPC election this early. The country is not ready for a NPC election. A too dangerous act

    2.Rather than promising 13A+, 13A should have been abolished soon after the war

    3.Despite public agitation, failed to hold the Referendum (still not too late)

  6. Fran Diaz Says:

    Points to Ponder :

    Was CHOGM thrust on Sri Lanka ?

    After the War with the ltte, there was jubilation all over Sri Lanka for the sense of freedom from terrorism. What happened ? Don’t change the pillow for the headache. Identify the problem : Separatism. Bring in Laws to stop it. Re-define the administrative areas according to River Basins. Go for manufacturing with Petroleum products with the new found resources in Sri Lanka.

    There is no other way.

  7. Susantha Wijesinghe Says:



  8. SenaD Says:


    I believe the “Land powers will not be given as has been done with the other Provinces” is not correct.

    Land powers had been given to the PCs and later withdrawn; police powers were never given to any PCs.

    If these two powers are given to the PCs, the CMs could become Warlords in the PCs. An equally dangerous provision is the power to merge PCs.

    I am not saying that the rest of the 13A is benign. It has been created by India for India and just for that reason alone it must be shelved. If done democratically by a referendum nobody could object to.

    What replaces it must also be worked out in detail at the same time.

    This has been so well argued by so many patriots, but the president seems to be either engaged in a complex three dimensional chess game and waiting for the best moment or going senile and being blind to the obvious.

    I hope I am right not believing the latter.

  9. Lorenzo Says:

    Peaceful SINHALA people ask for water and get KILLED.

    VIOLENT TAMIL people ask for a slice of the country and they are GRANTED it on a plate!

  10. Lorenzo Says:



    MR is too scared of Endia. He knows what his brother knows. But too chicken to ACT.


    After the king is checkmate, there is no further chess of the same game!! GAME OVER!

  11. Chanaka B Says:

    Senevirath, your question – “ANY BODY TO TAKE LEGAL ACTION?”;

    Yes, we are currently working on this. Full details only after filing of action

  12. Fran Diaz Says:


    With you re taking legal action.

  13. Fran Diaz Says:

    Sinhela people never internationalize their internal problems – which proves the point as to who really loves the country.

  14. Kosala777 Says:

    Lorenzo, I agree it is a shame to kill such a young life for water. More are in serious condition in hospital. I hope Weliweriya people will avenge their anger from ballot box, but, like Roshen Chanaka, Brhatha Lakshman, Chilaw killing – people will soon forget this one

    Your article, good luck with legal action Chanaka, Lawyer. It is strange if due to Article 80(3) of the Constitution no one can legally challenge the 13th amendment. JRJ did it in 1987, when so many protestors were shot dead by the Government forces (about 1000?) and the Supreme Court I think stated that people must approve the 13th amendment by referendum. But so far no referendum. Looks like the only legal avenue available is to get an order to postpone election, but if you manage to postpone the election through the Supreme Court case for whatever reason (you lawyers know better), what guarantee that after the Commonwealth conference the government will scrap the 13th amendment entirely or will hold the election only after scrapping the police and land powers. The Government might still hold the election with land and police powers thinking they will not give them if TNA asked. Then, as yu say sanctions might come unless we give the Elam. The Government wants to keep the PCs, which are nothing else but a place to give jobs to their politician families. The Minsters, MPs get all their dirty work done by the PC members

  15. AnuD Says:

    Chanaka Bandarage:

    The way you selected is the way to go. People should not wait for the politicians do it as they are only for votes.

    Now, wait for the next part of the development. Now the Provincial council nominations are given to relatives of existing politicians whether they are criminals or not. the next phase of the election will be issuing Car permits for them. That is how their lives are spent.

  16. Lorenzo Says:


    There is a BIGGER problem here.

    Water is SCARCE.

    Govt. DRIES OUT fresh water from Sinhala areas and pump them to Tamil areas in Colombo.

    This is the problem.

    IF the govt. is NOT resolving it people should also resort to NASTY (NOT violent) action. Polluting the water supply to those who ROB their water is one way of doing it.

    This is called game theory and it works!!

    If there is a common gate and one day you find someone has put a padlock to it!! What should you do? Put another padlock. Then when the other party comes for a settlement you are on an EQUAL FOOTING to bargain.

  17. Kosala777 Says:

    Government has spent several billion rupees to give water to Jaffna and north people, these poor people in gampaha only few km from Colombo they do not even have pipe born water. What a shame. Is government protecting dammika perera the casino boss? I agree with you Lorenzo my heart goes to the school boy who died. Imagine how his mother feels. I have a son of same age 17. Government has made a mess of everything from 13A to now water

    Lorenzo I fear there will be more water wars, big factories and industries are polluting our water ways that people drink and bath. Government is blind. Colombo people drink water from Kelani ganga (purified), it is like a shit hole with so much dirt and garbage, especially from big company waste and people’s toilet stuff, so many garbage like plastic bags, plastic water bottles etc. We went to Modera kovil recentlyt and saw where Kelani ganga ends in the sea, the whole area was nothing but a garabage dump, broutht by the river. Colombo is veery clean and nice some areas but there areas it is worse than 3rd world conditions

  18. Kosala777 Says:

    When I was in University Weerasuriya was shot dead by Police it was a big thing those days. I knew the guy, Now how many Weerasuriyas are killed by the govet?

  19. Lorenzo Says:

    Another UNARMED SINHALA youth has died from injuries.


    Since peaceful protests and violent protests BOTH do NOT work, people have to take matters to their OWN HANDS. Pollute the water that is ROBBED from people and supplied to Endians in Colombo.

    ONLY THEN will the govt. LISTEN. They have to listen then.

  20. Chanaka B Says:

    Due to the nature of the Constitution, legal action to challenge any enactment (legislation that is passed) is a very difficult thing – Article 80 (3). This is not the situation in other Common Law countries like the UK and Australia. In Australia, laws enacted by State/Territory governments are constantly being challenged in the High Court. Under our Sri Lankan Constitution, there are very little avenues available for such challenge and even then the prospects of success of those actions (if causes of action existed) are not good.

    In regards to abolishing the 13th Amendment, that is why eminent lawyers have not embarked on that litigation pathway. SL Gunasekera, Gomin Dayasiri (who were in HL De Silva’s team for the North/East merger case) and Constitutional lawyers like Manohara, Prashantha Lal would have rushed to the Supreme Court if there was a clear cut cause of action available.

    As stated in the article, what we hope to do at the moment is to seek an Order from the Supreme Court to prolong the election, as several causes of actions are available to obtain such an Order. I cannot divulge particulars of the intending litigation at this stage, until the legal action is filed (if it occurs). Yes, it is a dynamic and ambitious legal team.
    I am aware of a case recently filed by a civil litigant in Wadduwa area challenging the 1987 enactment (13th Amendment). The grounds of review for the challenge are similar to what Kosala has articulated above (many people were killed, the country was placed under curfew and India’s duress etc). To my reading of the Constitution, though they are good grounds to challenge the 13th Amendment, it is unlikely she would succeed (caught by Article 80 (3). It is intriguing to know how she is going to run the case. As far as I am aware of she is a self-represented litigant (not a lawyer). Good luck to her!

  21. Chanaka B Says:

    Both NFF and JHU and also Gunadasa Amarasekera Group asked the Government to hold the NPC election after removing the Police and Land powers. This is a stopgap measure, which is excellent (though, not good enough as scrapping the 13 entirely by way of a Referendum). I think the Government initially agreed with them and this quietened them. Now to hold the election without doing anything (without any insurance) – we are venturing into very dangerous waters. Looking at the enormity of the two powers (Police and Land – see my article above), the adverse consequence for us will be like committing suicide. This is like going to a war without any self-cover (reminds me somewhat of the disasters like Poonaryn, Mulatiwu etc where we lost hundreds of Ranawiruwos in a single day – 800 in Poonaryn and 1200 in Mulatiwu I think. Then, in Elephant Pass, we lost about 900 in one day – all happened due to bad planning)

  22. Lorenzo Says:

    Chanaka B,

    That’s true.

    Glad you are doing something about it.

    Premadasa could dissolve the thing when they went over the top. But MR will not be able to.

    Everyone has gone silent about 13 amendment!! Even Gota is silent now.

    I fear mostly for Sinhalese living in what Tamil terrorists call BORDER VILLAGES. Killing or chasing away them OUT of NPC will be TNA’s first barbaric task.

    TNA mouthpiece Tamilnet is DEMANDING their elimination almost everyday now.

  23. jayasiri Says:

    THANK YOU, Chanaka B……….I remember reading some of your past articles & am very impressed by your legal mind. NOW we all talk about legal action, BUT a bigger problem is there, and that is COLOMBO is crowded with TAMILS & some undesirables.

    Without any legal action re: Colombo, our Sinhalese brothers & sisters should STOP selling properties to Tamils even if they ASK a silent partner such as a lawyer to do the purchase finalized while STILL living in comfort of the western world.

    Our President tried to BAN tamils coming & settling in Colombo, BUT we lost the case as Supreme Court refused to allow this. This is WHY we should get all together & STOP TAMILS occupying our valuable sea fronts like Wellawatta, Colpety & Bamabalapitya etc. ofcourse now even Dehiwala & MT Lavania.

    AFTER that, mass numbers of Landless Sinhalese should be planted in Northern Areas. It does not matter what western countries say, ARMED FORCES must stay in the North & East, the trouble spots. By that time 13th amendment & other legal matters can be ironed out.

    COLOMBO is central to any party & MR doesn’t want to annoy people of Colombo.. mostly Tamils. WE NEED patriotic Sinhalese, to volunteer their services to RELOCATE Sinhalse in the North & East, and BLOCK anyone from purchasing land NOT only in Colombo, but all Sinhalese dominant areas. THIS RULE does NOT apply to Tamil areas, THEY are the ones who terrorized a peaceful country to GET EQUAL rights, when their poultaion is negligeble, around 4-5% the most.

    WHO on earth will grant some more benefits to 4-5% of the population. Ask them to learn Sinhalese & be part of Sri Lankan large community. WHEN They emigrate to West, to non English speaking countries THEY are glad to learn FRENCH, GERMAN< DUTCH or any other..THEN WHY NOT learn Sinhalese & assimilate & NOT demand anything at all. THIS IS A PARADISE for many, that is our Mother Lanka.

    I know these are hard to fatham for the TAMILS, but they need to be punished for the DESASTER they created for the last 30 years or more.

    Chanaka, being a lawyer I am sure you have influence over other legal compatriots who will support & advice on HOW TO REPEAL 13th Amendment…….

    FROM THE RESPONESES, to CHANKA's (21 of them) it shows our people care, & other silent majority LANKANS both in Lanka & abroad should get involved as this is a DO or DIE situation for Sri Lanka.

    Thank you all…Another expat expressing his ANGER, about what is happening to our MOTHERLAND…God Bless,.~J

  24. Senevirath Says:


  25. Senevirath Says:


    VEN ELLE GUNAWANSA AND AMARA SEKARA ETC TOO WERE TALKING ABOUT GOING TO COURTS AGAINST 13A BUT MAHINDA HAS TOLD THEM “”not to worry be patient I am not giving police and land powers”> I have more powers than the p>c”””



    U may be aware of the S>C verdict in 80 s that even lands in any part of the country which are owned by Tamils comes under thesawalamai. 2 years back I wrote an article in the sunday divaina about this and the heading was “HATHVALAME EY THAVAMATH THESAVALAMAI”


    “”konda pana ethi nayakayek apata wahama one kara thibe”””

  26. Ananda-USA Says:

    Every Day, in Every Way the dastardly deeds of these mass murderers are EXPOSED!

    Bravo, GOSL! This is the way to PUSH BACK against the PERMANENT VICTIMS of the Eelamist Tamil Diaspora!

    We need MORE SUCH INVESTIGATIONS to weed out the separatist muderers hiding under sheepskins!

    Don’t forget to TAR & FEATHER the ARCH-TRAITORS of the TNA Tiger Nominated Agents.


    Ex-combatant reveals massacres committed by Sri Lanka’s terrorist organization

    ColomboPage News Desk, Sri Lanka.

    Aug 04, Colombo: A former cadre of Sri Lanka’s Tamil Tiger terrorist organization, Liberation Tigers of Tamil Eelam (LTTE), has provided the police shocking information on massacres committed by the LTTE during their reign in the North and East.

    The former rebel, who is in police custody, has revealed information on detention and execution of over 80 captives including a Tamil inspector of the Terrorist Investigation Division (TID) of police and an army captain.

    The suspect has told the police how the LTTE held the captives in illegal prisons named ‘Alpha-05’ and ‘Alpha-02’ in Vallipuram, Pudukuduirippu before they were executed and has also revealed the location where the victims were burnt after they were killed.

    His account of the executions has been confirmed by three other ex-combatants in custody currently.

    According to the information uncovered from the suspect, Police Intelligence Specialist, Inspector P. Jeyaratnam attached to the Mount Lavinia Division Terrorism Investigation Unit was among the tortured and executed in 2006.

    Inspector Jeyaratnam, an ethnic Tamil from Jaffna enlisted in police for 15 years, was abducted by LTTE from the Mt. Lavinia Hotel on April 20, 2005 since he was a crucial source on intelligence against LTTE.

    At the time the International Red Cross (ICRC) had asked the LTTE Deputy Leader and Political Wing Leader S.P. Thamilselvan to release the hostage without any harm.

    According to the former rebel, Jeyaratnam was abducted in a white van and later taken to Kilinochchi where several other captives including the army captain, and Tamil civilians and LTTE cadres who were suspected of betraying the terror group were detained.

    The suspect has told police that about 30 of the captives were taken blindfolded to Oddusuddan jungle in May 2006 and executed. Another group of about 50 prisoners were executed in the same location two months later in July 2006. Bodies of all victims were burned.

    According to the information provided by the suspect, Inspector Jeyaratnam was executed in September 2006 in a jungle in Vallipuram, Pudukuduirippu and the Army Captain who had been detained at a camp in Thottiadi, Vishvamadu was executed in 2009.

    The police said that a magisterial inquiry will be conducted on the victims and the location where the bodies were believed to have been burnt. Three more suspects have been arrested over the massacres and further investigations are continuing, the police said.

  27. Mr. Bernard Wijeyasingha Says:

    To quote the article:”India and the West will take the side of the TNA and will impose pressure on the Government until those powers are fully given. They may make threats to Sri Lanka such as imposing economic sanctions, threat to take the country’s leaders to the War Crimes Tribunal in the Hague, suspend Sri Lanka from the Commonwealth, vote against Sri Lanka at the UNHCR sessions in Geneva or at the UN General Assembly and the threat (bogus) that India will invade Sri Lanka”. None of that will happen since both Russia and China where the latter now has a strategic partnership with the Rajapakse government, will veto any such actions against Sri Lanka,
    I believe that President Rajapakse will remove the 13th amendment once elections in India and Sri Lanka are over. Gotabaya Rajapakse told the Indian secretary of defense Menon that the 13th amendment is detrimental to the security of Sri Lanka. But even if the 13th amendment is implemented into the new Constitution it will have a limited impact for Sri Lanka is now well positioned militarily and politically to stop any further movements to achieve Eelam.

  28. Lorenzo Says:

    “A former cadre of Sri Lanka’s Tamil Tiger terrorist organization, Liberation Tigers of Tamil Eelam (LTTE), has provided the police shocking information on massacres committed by the LTTE during their reign in the North and East.”

    The real impact of this is TNA will be even more popular.

    LTTE = TNA = TNA voters

  29. Ramanie Says:

    Chanaka B, For any legal action please be assured of our full support.

    I wholeheartedly agree; legal action is the only way. Too many relatives of the powers to be are dependent on the existence of PCs for money, power and prosperity for MR to take out 13th and root out PCS.

  30. Chanaka B Says:

    Agree with you Lorenzo, patriots must read Tamilnet daily. It is very important to know what they are saying. You will see they have not given up the idea of Eelam. So, this is why I say to my friends that handing the North to such a group is like knowingly leaving the care of one’s child in the hands of a Pedophile – no sensible parent will do that.

    Agree with Sampath, the country was not ready for a NPC election in September 2013. This is a rushed job that can bring drastic consequences. I do not think there was international pressure to hold the election this quickly. We should have cleared the mess before contemplating the election – like at least removing the Police and Land Powers and also finish with CHOGM.

    We must also understand the predicament that the Government is in. If you read Tamilnet and other pro-separatist websites you can see the constant international pressure the Government is under. Despite the presence of people like Vasudava etc it is from this Government that we can get this done (at least to remove Land and Police powers). The Government once stated they will do this before the election, I think after Menan’s visit the Government changed its mind. Those people will say anything now to get the TNA elected. Even the small non-merger amendment that the Government was contemplating seems not on the cards anymore. The President is someone who will fight till the last to preserve the sovereignty – there is no doubt about that, but, he should be advised and guided by the right people, like Gota, Lalith W, Wimal, Champika etc. They are true patriots. If the other right wing crowd gets too closed to him, it will be disastrous. I hope that is not the case.

    Re- legal action the Lawyer (Counsel) who will argue the case is in Sri Lanka. He is a very committed patriot. It was a blessing that we found him – after a long search. I am in the small team that is working on it, but, I am in Australia. In the mid 90s I started a class action in Sydney for about 150 Sinhalese, when no other Australian lawyer wanted to take up their case. They were about to be deported to Sri Lanka. I carried the group with me for 2 ½ years +; I believe most of them are now permanently settled in Australia. Sydney Lawyers used to call me ‘Father of Class action’. I am saying this to say that if you are committed, you can achieve whatever you are after. So let’s not give up the fight. I admire the determination of the Wadduwa woman – she wants to do something for mother Lanka. Without even being a Lawyer she filed the case. This is a great thing. Everyone in my small group in Colombo are working extremely hard, we have agreed not to divulge the particulars of the case (Counsel’s name, cause of action, evidence, remedies sought etc) until we file the case. I hope we will be able to file it, but, cannot guarantee. Let’s wait and see. If everything fails, yes, we will face the election in September without any cover, which is a very scary thing. As I stated in the article, after TNA starts making the demand, both India and the West will ‘order’ us to implement what is already in the Constitution – give Police and Land powers. At that time Meanan, Blake et al will speak in a different language. Once the powers are given, that will be the end of One Lanka.

  31. Ananda-USA Says:

    TRANSLATION: Get CONTROL of the North & East PCs NOW, demand Land & Police Powers LATER on the way to a FULL Eelam.

    It sickens me to see these Tiger Nominated Agents being permitted to assume politiccal power without being ARRESTED, PROSECUTED, CONVICTED and IMPRISONED at Hard Labor for the rest of their murderous lives for te MURDER and MAYHEM they inflicted upon the citizens of Sri Lanka.

    Sad to say … but it appears that OUR LEADERS NEVER LEARN! Their hands will be stained by the BLOOD that will surely be shed in Sri Lanka in the future as the Eelam war is resurrected … this time with ACTIVE Tamil Nadu participation.

    Sri Lanka Tamil party disappointed with President’s stance on land and police powers to provinces

    ColomboPage News Desk, Sri Lanka.

    Aug 04, Colombo: Sri Lanka’s major Tamil party Tamil National Alliance (TNA) has expressed disappointment over President’s stance on land and police powers to provinces.

    Leader of the TNA, R. Sampanthan speaking to media has said that the President Mahinda Rajapaksa changes his stance on devolving police and land powers from time to time.

    President Rajapaksa addressing a meeting with the heads of electronic and print media last week said that his stance on the issue of distribution of police and land powers to provincial councils has not changed and reiterated that the powers will remain with the government.

    Sampanthan has said that the Tamil party would respond to the President’s statement at the right time.

    “He (the President) does not seem to have any steady decision. The TNA is observing his comments and at the right time the Alliance will come out with the response to the President,” Sampanthan has told the media.

    The President said police and land powers were not implemented since the introduction of the Provincial Council system to the country and he doesn’t consider that the issue should be given special attention now ahead of the first ever provincial council election to the Northern Province.

  32. Indrajith Says:

    Hi Chanaka, please go ahead with your proposed legal action against NPC elections. Millions and millions of patriots Sinhalese people be with you! Many Sinhalese ordinary people don’t read news websites like these but that doesn’t mean we are unpatriotic. It is a mere a language issue. When it comes to time (such as in a referendum) patriotic people of this country will give you the fullest support.

    Sinhabahu parapure Sinhalayek nam………!!!

  33. Ananda-USA Says:

    Why DENY the troop level of 150,000 claimed by the TNA?

    Accept as God’s Truth and INCREASE the troopp level from the actual 13,150 up to 150,000 on the way to a final contingent of 200,000 in the EYE OF THE TIGER!

    What is NECESSARY for National Defense is for the GOSL to decide, not for the ARCH-TRAITORS and Tiger Nominated Agents of the TNA who are part and parcel of the vanquished separatists of the LTTE!

    Don’t DENY, DONT OFFER EXPLANATIONS; just AGREE and INCREASE the troop strength to 150,000!

    Jaffna Commander rejects Sri Lanka Tamil party’s claim of troop strength in North

    ColomboPage News Desk, Sri Lanka.

    Aug 04, Colombo: Major General Mahinda Hathurusinghe, Security Forces Commander of Jaffna in Northern Province of Sri Lanka has flatly rejected a claim made by the major Tamil party Tamil National Alliance (TNA) on the troop strength in the peninsula.

    Major General Hathurusinghe responding to the allegation by the TNA Spokesperson and Jaffna District Parliamentarian, Suresh Premachandran that 150,000 security forces personnel are present in Jaffna, said even during the peak time of the war in 2008, there were only 43,000 security personnel in Jaffna.

    The troops have been gradually transferred out from Jaffna and at present there are only 13,150 security service personnel in Jaffna, the Commander has said.

    He has charged that certain Tamil politicians make this issue a scapegoat for their election propaganda in the forthcoming provincial council election in Northern Province.

    “Jaffna is only a part of the entire Northern Province, where one million people live. However, there are 150,000 Security Forces personnel present in Jaffna. But, the government says there are only 13,000 troops stationed in Jaffna,” Premachandran has said.

    Major General Hathurusinghe has told the national radio that not only the security personnel have been transferred out from Jaffna but even the properties in the high security zone have been handed over to their original owners.

    According to the Jaffna Commander, 77 houses and 20 blocks of land have been given back to their original owners through the Jaffna District Secretary Office.

    He has said that steps have been taken to hand over 90 percent of the private lands and houses occupied by the security forces in Jaffna to their legitimate owners.

    The Commander has said that some owners living overseas have requested the Army not to vacate their properties while others have indicated that the security provided by the Army is needed to maintain peace.

    He has accused pro-Eelam Tamil politicians for spreading rumors to mislead the general public for their own gains.

    TNA MP Premachandran meanwhile said the Northern Provincial Council polls would not be credible without restricting the troops in the North to barracks as the security forces personnel are likely to disrupt polls-related activities.

  34. Ananda-USA Says:

    A GOOD STARTING POINT for India would be to BUTT OUT OF Sri Lanka’s Internal Matters and attend first to DEVOLVING POWER to the Muslim Separatists in Kashmir. After all, they are “Freedom Fighters” fighting for their INALIENABLE DEMOCRATIC & HUMAN RIGHTS … are they not?

    After that is done, India can devolve power to ALL other communities of India who want to SECEDE … including the incurable RACISTS of Tamil Nadu leading the Tamil National Army.

    When all that has been “ACCOMPLISHED” for the “BENEFIT” of the People of India …. come back and tell us how satisfied and secure the people of India feel.

    UNTIL then, BUTT OUT of our business!

    No starting point to resolution

    Aug 03 (Hindu) The Northern Provincial Council (NPC) election in Sri Lanka is expected to take place later this year. Colombo is entertaining hopes that holding the elections will help win India’s support in multilateral venues.

    New Delhi has made the 13th amendment to the Sri Lankan constitution – a by-product of the 1987 Indo-Lanka Accord – the centerpiece of a political solution. The Indo-Lanka Accord purportedly addresses the Tamil issue but most importantly for India, also contains important provisions on security-related matters between the two states. Safeguarding the 13th amendment in some form is important to keep the Indo-Lanka Accord alive. The Sri Lankan government has been playing the “China card” to lessen pressure from India. New Delhi returned the favour by its qualified support to the two U.S.-sponsored resolutions on Sri Lanka at the U.N. Human Rights Council in March 2012 and March 2013.

    Show of nationalism

    President Mahinda Rajapaksa would have liked to amend the 13th amendment before the NPC election, but has no option but to leave it untouched, thanks to pressure exerted by India. Nonetheless, India’s breathing down Colombo’s neck is allowing for a more strident expression of Sinhala Buddhist nationalism to take hold. The pioneers of this increasingly brazen show of nationalism, led by the Defence Secretary and Rajapaksa’s brother, Gotabhaya, as well as ministers within the ruling coalition, are calling for the 13th amendment to be repealed or amended into nothing. As such calls grow, President Rajapaksa’s stance appears increasingly duplicitous – silently encouraging the anti-13th amendment hysteria, while distancing himself from it to appear presentable to India and the West. For now, he seems to have shelved plans to dilute the 13th amendment. Nevertheless, as Minister for Economic Development Basil Rajapaksa’s recent interview to The Hindu(“Cannot risk a parallel army in North: Basil,” July 19, 2013) confirms, Colombo has not given up totally on this goal presumably, the 13th amendment will be watered down after the NPC election. Given the state of the judiciary in Sri Lanka, following the impeachment of the Chief Justice of the Supreme Court in January 2013, as well as the two-thirds majority Rajapaksa enjoys in Parliament, there seems to be no significant challenge to passing these amendments postelections. While some left leaning parties in Rajapaksa’s coalition and the Sri Lanka Muslim Congress have asserted that they will not support any such move, these critics have previously proved themselves to be politically amenable. For India, the NPC election being held without any amendments to the 13 amendment will suffice.

    The Tamil people have been reduced to mere spectators in this powwow between the two governments. No one has asked the Tamil people what they stand to gain by holding the Northern Provincial Council election or more widely, with the 13th amendment.

    Tamil concerns

    The 13th amendment is no starting point to a political solution. It sits within a highly inflexible unitary state framework. The Governor of the Province, a Presidential appointee, must consent to any bill that has financial consequences and can delay legislation brought before the provincial council under the pretext of unconstitutionality. He/she has plenary powers (appointment, dismissal and transfer powers) over the Provincial Public Service. State land alienation, prime among Tamil concerns, continues to be vested almost exclusively with the President. Most policing powers remain retained for the National Police. Meanwhile, appointments to the Provincial Police Service will be strictly controlled by the Central government.

    Even the appointment of the Deputy Inspector General of Police of the Province in the eventuality that the Chief Minister and the IGP fail to reach a consensus becomes a matter for the President. Crucially, issues relating to the developmental and livelihood needs of the Tamil people are not “devolved” to the provincial councils. For example, “planning” is mentioned in the provincial council list but is also a subject in the concurrent list. The concurrent list incorporates all that is crucial for the immediate reconstruction of the livelihood of the war-affected population, including fisheries, agriculture, social services, and employment planning at the provincial level. On top of all this, there is the unconstitutional, illegal Presidential Task Force, which has to approve every single developmental programme carried out in the North. As it is, the 13th amendment has been further weakened by successive governments through unilateral Central government legislation and executive fiat.

    Conflict years

    Up to the end of the armed conflict, Tamils have consistently rejected the 13th amendment not only the LTTE, but also the Tamil United Liberation Front (TULF) which had initially been engaged in a dialogue with Prime Minister Rajiv Gandhi regarding its contents. Poignantly, at that time, the TULF asserted that Sri Lanka did not show the final version of the 13th amendment to India before it was presented to Parliament.

    The current leader of the Tamil National Alliance (TNA), R. Sambanthan was part of the trio who represented the TULF, in the TULF-Rajiv Gandhi talks.

    The TNA is under pressure from India to accept a solution based on the 13th amendment, and does not want to be seen as rejecting something that President Rajapaksa is reluctant to offer. As a result, Tamil representatives are engaged in a futile battle with those who call for it to be repealed, to save whatever little is left in the 13th amendment. It is a wholly nonsensical debate: those who want to repeal the 13th amendment argue, quite misleadingly, that it significantly devolves land and police powers to the provinces. They also call for Parliament to be stripped of its powers to enable a merger of the North and Eastern provinces when even the main opposition party (the United National Party) is against such a move. Just as misleading are attempts by those campaigning for the 13th amendment, including India and the TNA, to convey to the Tamil people that it is a good starting point to a political solution.

    What then is the future of the 13th amendment? The more prudent sections of the Sri Lankan government are likely to prevail and the amendment, in some form or the other, will be retained. However, it is probable that the Government after the Northern Provincial Council election may try to remove the symbolic references in the 13th amendment that create the impression of granting land and police powers to the province; and make a merger of the North and East a legal impossibility. India may object to such measures: but in the midst of all this hysteria, any attempt towards finding a genuine political solution will be lost.

    Read More:: Hindu (Source)

  35. Sampath Says:

    Chanaka, it is from this Government we will lose everything including the country. The people you mentioned may be patriots but are not intelligent enough thinkers to see what is gong to happen. Otherwise why they wait? Some of them I have heard are very corrupt.

  36. Lorenzo Says:

    Who said,

    1. there is an ETHNIC PROBLEM?
    2. there is a POLITICAL SOLUTION to it?

    These are total BS. There is NO ethnic problem.

    IF there is an ethnic problem there is NO political solution to it.

  37. Lorenzo Says:

    “The troops have been gradually transferred out from Jaffna and at present there are only 13,150 security service personnel in Jaffna, the Commander has said.”

    What a DISASTER!!

    13,150 cannot control 700,000 TNA voting racist barbarians.

  38. Chanaka B Says:

    I am happy to say that a case has been filed in the Supreme Court by Sinhala Jathika Peramuna (SJP) today (6 August 2013) (APPLICATION NUMBER – C.A (Writ) No: 187 / 2013)

    This is not the same group that I am involved with, but a different group. I have dealt with them. They are a genuinely patriotic group. The Convener is Mr Jayantha Liyange.

    The format of the Application is similar to that of ours. The cause of action and the relief sought from the Supreme Court are also almost the same. In their application they are also seeking the Order that the NPC election be postponed. They seem to be using the same witnesses that we were contemplating of using. They have different Counsel.

    But, we would have prepared the Application differently.

    This is very good news. If the case is successful and the Supreme Court postpones the election date, I believe we are assisting the Government also. As stated before, then the Government can hold CHOGM in November without bothering about the outcome of the NPC election.

    CHOGM leaders will accept that it is a Sri Lankan Court decision that postponed the NPC election not the Government (if the Honorable Court makes such an Order).

    As stated before, let’s hope that after CHOGM, the Government will attend to the necessary amendments to the Constitution and add protective measures to safeguard the country’s sovereignty. We simply cannot rely on verbal assurances given by another country who may change their position after the election. The necessary amendments/abolishment must be done in a formal, legal manner. If not, TNA will always go to the world and say that we are not upholding our own Constitution. The Government will have to succumb to the international pressure and give Police and Land powers to the TNA led NPC government.

    I will discuss with my group in Colombo whether or not we will also file our case or give full support this case. At least we have some protection now, until the Supreme Court determines the Application. Thank you SJP.

    Finally, it is up to the Honourable Supreme Court to determine the Application. It will grant the Orders sought only if the Application filed by Sinhala Jathika Peramuna has merit.

    But, at least we have tried!

  39. Senevirath Says:

    If S.J.P. fails please be prepared to file your case . some people specially A.G S dept purposely file cases to lose

    and what about my earlier question about thesavalamai.? can u please enlighten sri Lankan lawyers about this

    thanks for everything

  40. nilwala Says:

    Neville Ladduwahetty, in an article published on June 15, 2013, titled “Way Out of the 13th Amendment Trap”:
    had this to say. Qupte:


    Under the circumstances, not to repeal the entirety of the 13th Amendment is to live under the restrictive procedures provided for in the 13th Amendment without opportunities to introduce progressive Bills that would improve governance and the People’s lives. These difficulties are increasingly being realized by parties attempting to bring about amendments to existing provisions such as withdrawing Police and Land Powers. The primary source is the inability to muster a 2/3 majority to effect the contemplated amendments. Such majorities are hard to come by and have been enjoyed only by three Governments since independence.

    The issue is what legitimate remedial procedures are available to escape from this trap. Even though it could be established that the procedures followed to pass the 13th Amendment were illegal, Article 80 (3) denies anyone from questioning the validity of a Bill once it is certified. Under these limiting circumstances, the ONLY option is for the People to be given the opportunity to decide acceptance or rejection of the 13th Amendment by means of a Referendum. In the event the People reject the 13th Amendment the question that remains to be answered is whether such an outcome could prevail over the approval given by the Parliament in 1987.

    The answer lies in the interpretation of Article 3. This Article 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”.

    Since government is part of the People’s sovereignty, it must follow that the organs of government must be subordinate to the People. It then must follow that it should be possible for the People to either support or reject a decision made by one of the organs of the government such as Parliament. In this particular instance, it would then be legitimate for the People to reject the 13th Amendment through the mechanism of a Referendum and override the ruling of the 1987 Parliament.

    Since such a Referendum can only be initiated by the President, a proposal was submitted in a letter to the President dated March 8, 2010. This letter brought to the attention of the President the unconstitutional and unlawful procedures associated with the passage of the 13th Amendment and suggested that the President consult the Supreme Court under Article 129 and request the Court to review the circumstances associated with the passage of the 13th Amendment, since it is “question of law or fact”, and to report to the President its opinion thereon. Such a determination and report by the Supreme Court should be conducted publicly in order to expose the illegality of the procedures on which the 13th Amendment was founded. Since the facts would establish that the procedures adopted were in fact illegal, it would give the President the moral justification to authorize the conduct of a referendum either on grounds of the unlawful circumstances associated with the passage of the 13th Amendment or by invoking provisions of Article 86 since it is an issue of “national importance”. Either way, there are grounds for the President to authorize a Referendum to establish the views of the People regarding acceptance or rejection of the 13th Amendment.


    The options open are either to tinker with the 13th Amendment and attempt to introduce amendments or to repeal it outright. The hard truth that needs to be realized is that the first option is totally dependent on the ability of Governments to muster a 2/3 majority, no matter how progressive the amendment. Considering the fact that only three Governments have enjoyed 2/3 majorities since independence, dependence on this reality makes this option a fetter to progress.

    The second option of repealing the entirety of the 13th Amendment cannot be initiated by the People however convinced they may be of its need. It is only the President who is authorized to initiate the call for a referendum.

    This article proposes a procedure that could justifiably be adopted by the President for such an initiative. Considering the growing opposition to the 13th Amendment, it should serve as sufficient compulsion for the President to initiate the call for a Referendum and give the People the opportunity to decide how they are to be governed; a right denied to them by the very organs of Government that were supposed to include and define the People’s sovereignty.

    The question has been raised as to whether a Referendum can override approval given by the Parliament. The answer depends on how Article 3 is interpreted. Since this Article clearly enunciates that the Sovereignty of the People “includes powers of government”, it must follow that organs of that government such as Parliament that exercise “legislative powers” must be subordinate to the decisions by a Sovereign People. Therefore, it could be justifiably concluded that a determination by the People through a Referendum must prevail over the decision by a Parliament. This matter too could be cleared by the Supreme Court during the consultative process initiated by the President concerning a Referendum.

    It is apparent from the foregoing that the consolidation of peace is in the hands of the President just as it was in securing the peace. What he did with securing peace and what he does with consolidating the peace would be his legacy to the nation.”
    Thus it is clear that:
    1.The SJP going to the Supreme Court could only lead to dismissal of the Plea per consulted opinions.
    2. It is the President who has to consult the Supreme Court for an opinion from the Supreme Court as to whether the 13A was passed constitutionally. The Court has per Article 129, to hold public hearings.
    3. No Supreme Court can say that the 13th Amendment was passed constitutionally.
    4. This would give the President the “moral” high ground to go for a Referendum.

  41. nilwala Says:

    Correction (line 3 from bottom):

    Thus it is clear that:
    1.The SJP going to the Supreme Court could only lead to dismissal of the Plea per consulted opinions.
    2. It is the President who has to consult the Supreme Court for an opinion from the Supreme Court as to whether the 13A was passed constitutionally. The Court has THE OPTION per Article 129, to hold public hearings.
    3. No Supreme Court can say that the 13th Amendment was passed constitutionally.
    4. This would give the President the “moral” high ground to go for a Referendum.

  42. Fran Diaz Says:

    What a roundabout way to get to the truth and throw out the stifling garbage but it’s all worth the effort, every bit of it ! Let’s GO !

    Thanks to all who have brought Hope & light to a situation filled with confusion, doubt & despair.

  43. Lorenzo Says:

    Thanks Nilwala for sharing valuable information.

  44. Chanaka B Says:

    I fully agree with my good friend, Neville’s analysis in ‘the Island’.

    1. The problem is that we cannot get a 2/3 majority from this parliament to abolish 13 totally.

    2. And I believe the President has not been persuaded enough that he should hold a Referendum to abolish 13.

    As stated before, he is under immense international pressure to hold the NPC election under the current 13th Amendment (there is a measure that the Cabinet can request the Presidnet to hold a Referendum – see our previous Media Release).

    I say the country’s sovereignty is more important than paying deference to international pressure. If they impose sanctions, let them do so, if they suspend us from Commonwealth let them do it. Let them try all other things. Look how brave Iran is facing situations despite severe international sanctions. This country has existed as One Nation for more 2300 years (since Vijaya’s arrival), it is now facing the serious threat of becoming permanently divided (during our lifetime). Once it’s gone, it’s gone. Unlike in the past, we can never get it back (not, Kosovo) The future generations will curse us.

    3. JNN and JHU campaigns to remove Police and Land powers failed (again this needs 2/3 parliamentary majority – difficulty). I believe India through Mr Meman exerted pressure on Sri Lanka not to go this pathway, I am not sure.

    4. What SJP has done and what we are working on is to seek an Injunction from the Supreme Court to delay the holding of the NPC election. In what way the Honourable Court would go, it is difficult to predict. Yes, there is a chance that the Application can be quickly dismissed.

    Neville agrees with me that due to Article 80 (3), the Supreme Court cannot examine the legality of passing the 13th Amendment. We all know it was passed in the most dubious way – under curfew etc, yet our Supreme Court cannot judicially review it! We must be the only Common Law country to have such a draconian provision n the Constitution(introduced by JR in 1978!).

    When we amend the Constitution next time, we must get rid of Article 80 (3). People should be able to go to Supreme Court to challenge laws passed by the parliament – this is a most fundamental aspect of modern democracy.

    There may be a slight chance of arguing against the 1987 enactment in the Supreme Court on the ground that 13A is null void – due to duress by India. Due to duress, one can ask the Supreme Court to disregard article 80 (3) and declare that there was no such enactment in 1987 (void ab initio). Then, all the nine PCs can get abolished.

    Senvirath – Yes, Thewavalamai is extremely discriminatory to the Sinhalese – we cannot legally own property in Jaffna (outside of Jaffna is ok). This is unconstitutional and can be very successfully argued in the Supreme Court. Freedom of Movement and Freedom of Ownership (including Land) is both expressed and implied in our Constitution. Sinhalese have owned property in Jaffna. The Central government can lease property (say for 99 years), there are LRC, NHD (National Housing) – and other federal government bodies that can issue land permits for the Sinhalese to live in Jaffna.

    But, let’s concentrate on this 13 mess for the moment. This is the BIGGEST problem the country is facing at the moment. Every other problem is subservient to this. Like Ratnapala stated above we should honour our Ranaviruwos who sacrificed their lives and limb to save the country from the meglomaniac terrorist leader, Prabhakaran. Thousands of civilians also sacrificed. Each of our lives were affected due to just one man’s actions. Let’s not give the North and East that we so well protected thus far (for 2300 years) to separatists and enemies of Sri Lanka like Wigneswarn, Sampanthan et al, on a platter; who will then go and simply declare the Eelam. They have stated they will do this. It is better to give a fight and lose (like what Ranavruwo did), than just stay idle, naively thinking that everything will be fine tomorrow (the latter is what we are now doing).

  45. Chanaka B Says:

    It should be (note Kosovo) instead of (not, Kosovo)

  46. Indrajith Says:

    A very BIG thank you for you and the Sinhala Jathika Peramuna!
    Please cordinate activities of all the patriotic forces. United we win! Devide we loose!
    Will hope for the very best of luck for Mother Lanka!
    Lanka, Lanka, Pembara Lanka surakimu api Lanka….!!!!

  47. Kosala777 Says:

    47 Comments. wow that’s great. Sri Lankan Press must follow – Lankaweb the voice of the expatriates!

  48. Fran Diaz Says:


    * It sets out ideals that the people bound by the Constitution believe in and share.
    * It stablishes the basic structure of government and defines the goverment’s powers and duties.
    * It provides the supreme law for the country.

    Does the 13-A part (imposed under Duress and therefore illegal) of the Constitution of Sri Lanka, serve ANY of the above ultimate purposes of the Constitution which as as end result should be the progressive unity, peace & prosperity with equity & justice for all, as much as is possible ? The answer is an emphatic NO ! In fact, quite the opposite. It serves to DIVIDE the country in all kinds of ways, against the Will of the People. Therefore, it must be removed.

  49. nilwala Says:

    Chanaka B. and all other friends on this thread-
    Neville’s position is –
    1. Referendum is the final goal, but President should not have one until the CHOGM is over.
    2. In the meantime he could initiate action to consult the SC.
    3. SC could drag on public hearings on the issue until after CHOGM.
    4. If TNA wins the NPC election and files action for full implementation of 13A, SC can say the case will have to await the on-going consultative process.

    At the end of it, Pres. would have stalled TNA, gone ahead with CHOGM and also got an Opinion from the SC as to whether the 13A was passed without conforming to the Constitution. Clear evidence that it was NOT passed constitutionally is available. The SC will be compelled to say it is not constitutional.
    This then gives grounds for the President to justifiably call for a national referendum.

  50. nilwala Says:

    Chanaka – Please go ahead with the legal action as well.
    It will serve to pressure the position taken by the MANY supporters for REPEAL of 13A.
    Multipronged action is called for.

  51. Samanthi Says:

    Hello friends,

    Please don’t discuss in detail or elaborate too much on future action plans as the other parties may use those details to counter act. We must not forget that everyone including separatist elements too read this website.

  52. Fran Diaz Says:

    Agree with nilawala. Multipronged action called for to get rid of the 13-A.

  53. Ananda-USA Says:

    Bravo … Indrajith! Let us all sing that timeless refrain ….

    Lanka, Lanka, Pembara Lanka Surakimu Api Lanka!

  54. Ananda-USA Says:

    This is what happens when political proxies and supporters of terrorists are allowed to ESCAPE SCOT-FREE.


    Sri Lanka Tamil party is in an agenda of weakening the central government – Minister

    ColomboPage News Desk, Sri Lanka.

    Aug 06, Colombo: Leader of government coalition party National Freedom Front and Minister Wimal Weerawansa says Sri Lanka’s major Tamil party, Tamil National Alliance (TNA) has an agenda to weaken the central government.

    Weerawansa said at a public meeting held in Mattegoda that TNA’s Chief Minister candidate for the Northern Provincial Council C.V. Vigneswaran is in an agenda to weaken the central government at a future election.

    He pointed out that the TNA leader R. Sampanthan has responded to the President Mahinda Rajapaksa’s statement that the land and police powers will not be granted to the Northern Provincial Council saying that it could be dealt with when they win the power of the Northern Provincial Council.

    He further said that Vigneswaran would start to grab power when he becomes the Chief Minister and merge with the Eastern Provincial Council with the support of the Sri Lanka Muslim Congress led by Minister Rauf Hakeem.

  55. Indrajith Says:

    Hello Patriots,

    Unfortunately, we haven’t been successful in the first round of legal action as the SJP is not a registered political party.
    But we shouldn’t give up! Next, Mr. Jayantha De Silva will present the petition on his own. And we’ll win!

    Please see how the Island of today reported it, in the follwing link.

  56. Chanaka B Says:

    Neville through Nilwala,

    I have a difficulty with your No 4:

    “ If TNA wins the NPC election and files action for full implementation of 13A, SC can say the case will have to await the on-going consultative process.”

    The purpose of the whole exercise is to stop TNA from winning the election. For this, we must stop the NPC election – this is the only way. Once TNA wins, that will give them international legitimacy – then, it will be too late to do anything like abolishing the 13 by 2/3 majority in the parliament or by way of a Referendum. The world will say we have denied the Northern Tamil people of their democratic right.

    In this Tamil conflict, all Governments have been slow to act or have omitted to act entirely, thus generally they have created very disadvantaged situations for us (except finally winning the war by this Government) (eg. LTTE was not nipped in the bud – Prabha was captured and released and many other dangerous LTTE cadres were released, stopped the Vadamarachchi operation, see above Poonryn, Mulatiwu disasters, failed to counter the false accusations made against us by the international (West) community, NGOs etc). There are so many mistakes the Governments have made, and the country paid a huge price.

    There is a saying ‘no point of closing the stable door once the horse has bolted’. So let’s try to stop the NPC election at all cost now. By doing this, we are not going against the Government. We are helping it.

    Once the 21 September ‘flood gates are open’, no one will be able to stop the TNA’s forward march to create the Eelam.

    One needs to look into both short term and long term strategies to safeguard mother Lanka.

    We are not opposing the NPC election simply because it will be run by Tamils. If it is run by Tamils who believe in an inclusive Sri Lanka, then that is fantastic. But, the TNA who will obtain at least 75% of the vote (the poor Northern Tamils will vote for them under duress, most of them are illiterate anyway) has already stated that they do not accept Sri Lanka as a unitary state. They were the LTTE proxy in parliament. They have threatened to chase Sinhalese from the North. They have done very adverse things against Sri Lanka internationally (one can write a book about them). TNA has implied they will make a UDI after winning the NPC election. If the NPC is run by a Tamil party who does not advocate secession and who will welcome Sinhalese into the North and do other positive things to bind the two communities, then we should support them. In the Eastern Province. Pilliyan a Tamil, was the Chief Minister until recently – the Sinhalese had no problem with that. It is the Sinhalese who protected Murali, and the current cricket captain is a Tamil. We Sinhalese adore them. Our foreign Minister was a Tamil (the Sinhalese put him in the parliament, it was the TNA proxy, the LTTE that killed him). In Colombo we go to Tamil Doctors, Lawyers, Accountants, buy from Tamil shops; we have no problem with Tamils. Lots of our friends whom we socialize with are Tamils. In Tamil Kovils, most of the devotees are Sinhalese.

    The legal action by SJP, and the one that we contemplate to file, are designed to seek an injunction (or similar relief) to postpone the election. If we manage to obtain the Injunction, then the NPC election may not be held on 21 September (the Supreme Court in these matters normally take a long hearing perod). If it is postponed to a date say, beyond late November, then the Government can go ahead and hold the CHOGM in November peacefully. Afterwards, the President should call for a Referendum. He does not need to obtain an Opinion from the Supreme Court to do this. He has two clear options available under Articles 86 or Articles 80(2) and 85 (1).

    True, as Neville says, the President can also consult the Supreme Court under Article 129 and request the Court to review the circumstances associated with the passage of the 13th Amendment in 1987. Then, the Supreme Court can advise the Presidnet (provided that they are not caught by Article 80 (3) – this is unsure), that a Referendum should now be held. But, again the Presidnet has to use the above Articles 86 or Articles 80(2) and 85 (1) to call the Referendum. So, I see no real purpose in making the referral under Article 129, unless the President wants further reassurance from the Supreme Court before calling the Referendum.

    At the Referendum, if people say that they want to abolish all the provincial councils, then there is no need for the President to hold the NPC election. All the nine PCs will get abolished.

    Samanthi – I note your point. It is important, us , the ordinary citizens, to discuss and express our views – this is somewhat lacking in Sri Lanka. We simply listen to what the Politicians say and most of the time they say (and do) wrong things. So, we get into trouble.

    We are not discussing finer details of impending legal action here (causes of action, names of witnesses, names of counsel etc), so no harm in having this type of a discourse. It is healthy and good for the country. As Kosala states Lankaweb is a voice for the Expatriate Sri Lankans to express their views. Through our remittance we contribute vey largely to the country’s GDP growth, the Government has a duty to listen to us. We have a right to express our views, the Government and all political parties including Tamil people must listen to us. We have nothing to hide. We are not anti-Tamil. We are just patriots, we are only trying to preserve the country’s sovereignty and territorial integrity, nothing else. Lorenzo is a Tamil, so are a few others who comment here. We welcome all of them, as long as they regard Sri Lanka as One County.

    The SJP legal action is now filed (which is a major relief). So their Application is a public document. Anyone can check it from the Court’s registry. No need to be of secretive of about the SJP legal action anymore.

  57. Ananda-USA Says:

    When that self-proclaimed bastion of Democracy, the cradle of Paliamentary Rule, actively INVESTIGATES, ARRESTS and DEPORTS ILLEGAL IMMIGRANTS, can Sri Lanka DO ANY LESS?

    There are as many as 1.6 MILLION Illegal Immigrants from TAmil Nadu living NOW in Sri Lanka, as confirmed by the 2012 Population Census, conspiring to be declared Sri Lankan citizens when the TNA comes to power in the upcoming PC Elections.

    What is the GOSL going to do about it? Turn a BLIND EYE and EMPOWER the SEPARATISTS who aided and abetted this IMMIGRATION SCAM during the heyday of the now defunct SunGod?

    Our Leaders NEVER LEARN, too busy counting the shekels in the dark to protect the native citizens of Sri Lanka!

    UK encourages voluntary return of illegal migrants

    ColomboPage News Desk, Sri Lanka.

    Aug 05, London: The UK government has launched a pilot scheme in London to encourage illegal migrants to leave the UK voluntarily, the British High Commission in Colombo said today.

    Vans displaying large ads, as well as leaflets, posters and messages in local newspapers will be used to highlight the advantages of returning home voluntarily, while making clear that enforcement action will be taken if they do not.

    According to the High Commission, the two vans are driving around different parts of London this week, showing residents how many illegal migrants have recently been arrested in their area.

    The areas of Hounslow, Barking and Dagenham, Ealing, Barnet, Brent and Redbridge have been chosen because they have either significantly higher or below average numbers of voluntary returns.

    They also publicize a hotline number that the migrants can call to arrange their return.

    “We are making it more difficult for people to live and work in the UK illegally. Every single day our enforcement officers are arresting, detaining and removing people with no right to be in the UK. But there is an alternative to being led away in handcuffs. Help and advice can be provided to those who co-operate and return to their homes voluntarily,” the Immigration Minister Mark Harper said.

    Voluntary returns are the most cost-effective way of removing illegal immigrants and saving the taxpayer money for the UK government. The pilot program builds on the government’s current work on voluntary returns, which saw 3,699 voluntary departures last year.

  58. Fran Diaz Says:

    Hats off to the British for good administration. Sri Lanka should hire Brits to do the same job in Lanka and deport all illegal migrants here. Then perhaps Tamil Nadu will respect Sri Lanka.

  59. Senevirath Says:


  60. Mr. Bernard Wijeyasingha Says:

    To quote the article:”India and the West will take the side of the TNA and will impose pressure on the Government until those powers are fully given. They may make threats to Sri Lanka such as imposing economic sanctions, threat to take the country’s leaders to the War Crimes Tribunal in the Hague, suspend Sri Lanka from the Commonwealth, vote against Sri Lanka at the UNHCR sessions in Geneva or at the UN General Assembly and the threat (bogus) that India will invade Sri Lanka.” and the article states once these powers are given to the provinces that would be the end of Sri Lanka.
    If that is true then I am sure President Rajapakse and the defense minister Gotabaya Rajapakse are well aware. Regarding India and some of the Western nations “ganging up”on Sri Lanka, that has already been done to complete failure by India and her Western cronies. A repeat of it will not make much of a difference. Sri Lanka cannot be sanctioned, kicked out of organizations etc. without some due process. Already both Russia and China who are Security Council members have not only given their full support to Sri Lanka but have invested or loaned money and labor to build Sri Lanka into the most developed nation regarding port infrastructure in the sub continent. Being only 12 miles from the world’s busiest sea lanes that carry 50% of the world’s goods makes Sri Lanka an economic and military power.
    Even for the sake of argument the police and land powers are given to the provinces and they use it for illegal purposes then Colombo has the right to take those powers back and even more support that the 13th amendment is detrimental to the integrity of Sri Lanka.
    Sri Lanka won the 30 year long war waged by India using the Tamil Tigers and that comes with some awards. Among them is the rising power of Colombo and the demise of the power of Jaffna. New Delhi has lost the war and her attempts at marginalizing Sri Lanka with human rights abuses. Instead India has made matters worse for her as Sri Lanka has drifted into the world of China but I do agree with the article that it is imperative that the 13th amendment is removed using either another amendment or abolishing the 13th amendment.
    The blame game against Sri Lanka will continue if not increase but to date those acts have done little if anything to Sri Lanka. A classic example is that Sri Lanka will be hosting the commonwealth of nations – after – India and some nations in the west condemned Sri Lanka of human rights abuses.
    Just as in the case of the United States that is hated far more than Sri Lanka and yet she goes on about her business so should Sri Lanka. The world is not against Sri Lanka nor can the Tamil diaspora persuade the world of nations (which number close to 200) to penalize Sri Lanka because Tamil sentiments have been offended. Finally what the Tamil Diaspora is ultimately doing is causing more trouble for their Sri Lankan Tamils in their zealotry to punish Sri Lanka. All they are doing is cutting their nose to spite their face.
    I would guarantee that within a few years Sri Lanka’s economy and politics will be strong enough to be an influential force in that region and the “me only” Tamil policy will collapse as it has already collapsed with the end of the war.

  61. Chanaka B Says:


    It is true the SJP has withdrawn the Application. I believe they will re-file.

    In regards to what our group may or may not file, I am unable to comment. On a closer examination, I believe our intended cause of action is different to that of the SJP.

    There are several causes of action one can file against the Commissioner of Elections (and AG), to postpone the NPC election, such as the following:

    • Holding of the election when voting rights of the displaced Sinhalese have not been granted
    • Holding of the election when voting rights of the displaced Muslims have not been granted
    • Holding of the election when voting rights of the displaced Tamils have not been granted
    • Denying voting rights to Sinhalese who are already living in the North – it is reported some Gramaka Svakas have refused to register Sinhalese voters
    • Denying voting rights to Muslims who are already living in the North
    • Denying voting rights to Tamils who are already living in the North (unsure of this)
    • Holding of the NPC election before the findings of the Parliamentary Select Committee (PSC) is handed down (to my knowledge the PSC was set up by the Honourable Speaker of the Parliament to investigate the possible breaches of the country’s Sovereignty as a result of holding of the NPC Election (I may be wrong). One can argue that the NPC election should not be held until the PSC findings are handed down; otherwise it will be a breach of Articles 1 and 2 of the Constitution (Article 1 – Sri Lanka (Ceylon) is a Free, Sovereign, Independent and Democratic nation; Article 2 – The Republic of Sri Lanka is a Unitary State.
    • Due to duress put on Sri Lanka by India to sign the Indo-Lanka Agreement that led to the enactment of the 13th Amendment – the whole nation opposed it in 1987, the Agreement was signed after placing the country under curfew (about 300 people that protested against it were shot dead by the Government, and so much of public property was destroyed, about 500 Government owned buses alone were set fire by the angry public, a vicious assault on the then Indian Prime Minister by a member of his guard- of honour and numerous other anti-Agreement incidents. In 1987, the majority of the Supreme Court was of the view that a Referendum should be held before implementing the 13th Amendment, the then government disregarded it), one can now seek a Declaration from the Supreme Court that the 13th Amendment is null and void (void ab initio – ‘there was no 13th Amendment at all’). If this action is successful, rather than postponing the election, it is possible that all the 9 provincial councils can become inoperative (no referendum or 2/3 majority from the parliament will be required). This is what happened after the de-merger argument was won – a Declaration by the Supreme Court, followed with the Government’s gazette notification I believe. I have previously stated that the Supreme Court is estopped by examining the enactment of the 13th Amendment due to Article 80 (3), but one may argue that the Court is not estopped, due to the issue of duress by India that caused the enactment (an Agreement may be invalid, if undue pressure was exerted to enter it).

    • Then individuals in the South, including Sinhalese, Muslims and Tamils, whose usual place of residence is North, can argue that they are confined to the South (such as the displaced Sinhalese who are living in Medawachchiya, Mihintale areas) as a result of being displaced due to the war, they should be re-settled before the election is held. – an argument similar to this was raised by SJP.

    • Individual Northern Sinhalese whose fundamental rights will be violated if the NPC election is held – the TNA will govern the province (this may not be a strong argument). Threats by the TNA MPs (note the threat made by the TNA MP to Sinhalese in the North that they should leave the North).

    So, there are various genuine avenues available to file legal action in the Supreme Court. If you know of patriots in Sri Lanka, you can ask them to consider mounting an action. People can file action on their own also (if they can’t find Legal Counsel).

    Though some say it is futile to embark on legal action, I do not think so. Even if we lose, it is not going to cause us harm, and it will not be a victory for the separatists.

    Whether or not the group that I am working with will file legal action, I cannot say with certainty. I hope it will be undertaken. I am only a member of the group, I can do so much and I am currently in Australia.

    It is important to stress that we are doing this not to make things difficult to the Government but to genuinely assist it. If an independent body like the Supreme Court makes an Order, the Government simply has nothing to do with such an Order – no one, even India or the West can blame the Governmet that it failed to hold the election in September.

    Bernard, it is a blessing we have such true friends like China and Russia in the UN Security Council. With respect, we should not be too naïve to think that China and Russia will come and rescue us all the time in the Security Council. Note, when the UN Security Council approved the referral of Mr Omar Al Bashir of Sudan to the War Crimes Tribunal in the Hague, his best friends, China and Russia abstained from voting – they did not veto the proposal (after he was indicted by the War Crimes Tribunal, Mr El Bashir agreed to hold the Referendum to divide Sudan into two. The new South Sudan emerged; no one seems to be interested anymore in pursuing him in the Hague. The West basically achieved what it wants – create South Sudan (may be Tamil Eelam next? I heard El Bashir who is on an international warrant for arrest, was in China and also in Egypt some time ago , no one had bothered to arrest him? Your argument that as China has invested large sums of monies in Sri Lanka (I am not sure whether they are investments, most of them are loans) they will come and rescue us would not stand, I believe when El Bashir’s matter was raised in the Security Council, China was investing in Sudan more than any other African country. The same thing happened in relation to Libya, to overthrow Gadhafi- both China and Russia abstained from voting so the West was able to send planes to bomb Libya. Then, in 1990 both Russia and China consented to sending forces to Iraq. If a vote is taken in the UN General Assembly (not the Security Council), therein no Chinese or Russian veto power, all nations have one vote. Then, at UNHRC in Geneva, we failed twice – India voted against us; and we are due to go before them again in February next year. Last time, true, 13 countries voted for us (which is great) but, 25 countries voted against us.

    It is not correct that the President has the power to dissolve a provincial council anytime he likes. He can only dissolve under Article 154J – on the ground that maintenance of essential supplies and services are threatened or that security of the country is threatened by war or external aggression or armed rebellion; the President may be able to dissolve a provincial government after issuing a Proclamation under the ‘Public Security Ordinance’ (note: not under the 13th Amendment). Even herein, the words ‘dissolve or dissolution’ are not used. What it states is that “the President to hold that a situation has arisen in which the administration of the Province cannot be carried on in accordance with the provisions of the Constitution.” The then President Premadasa used this provision to dissolve Vardharaja Perumal’s provincial government because he used the police force like an ‘Army’ and unilaterally declared the ‘Tamil Eelam’ in northern Sri Lanka. I say it is highly likely that this will happen again under a TNA run Northern Provincial Council.

    I know some have argued that following Articles of the 13th Amendment allows the President to dissolve a provincial council when they do not:

    Article 154K – this is not a power available for the President to dissolve a Provincial Council. It allows him to give a direction to the Governor and Provincial Council that directions to the Provincial Council be carried out. This has nothing to do with dissolution.

    Article 154L – If the President is satisfied that a situation has arisen in which the administration of the province cannot be carried out per the Constitution (failure of the administrative machinery), the President may assume the functions of the administration of the Provincial Council. The President can only do this only by Proclamation (to be approved by a resolution of the Parliament) and such Proclamation is valid only for 2 months.

    Article 154N – If the President is satisfied that a situation has arisen whereby the financial stability or credit of Sri Lanka is threatened, he may make a Proclamation to that effect (to be approved by a resolution of the Parliament) and such Proclamation is only valid for 2 months. During the period of Proclamation, the President is only allowed to give directions to the Governor in relation to ‘observe such canons of financial propriety’. Again, this does not give power to the President to dissolve the Provincial Council.

    What we are saying is that the Government must take precautions now rather than waiting for the problem to occur (the ‘stable door’ argument). After 9/11, the Western nations including Australia enacted stringent anti-terror laws; they did not wait until a terrorist event to happen in their countries. These precautionary methods have immensely helped these countries.

    Even Udaya Gammanpila states very similar thing to what we articulate. Please read his article; “It’s now or Never” appeared in the Daily Mirror 5 August 2013.

  62. Fran Diaz Says:

    Thank you for clarity, Chanaka.

    We agree with you that the various provisions set out in the Articles (of the Constitution) appear insufficient to protect Sri Lanka from Separatists.

    All concerned Sri Lankans, act now or regret forever. Do NOT depend on China & Russia to bail us out. They are unable to and will not do so. It is case for good governance not only by GoSL & Parliament, but also by all concerned citizens of Sri Lanka who want to retain a Unitary state of Sri Lanka. This time around, the Tamil Separatist factor is out in full force – take heed or regret forever. A sense of urgency/emergency needed here.

  63. Lorenzo Says:


    Udaya’s article is a good read.

    It contained a SHOCKING TRUTH.

    IF the 2010 election was held according to the 1977 election method Sambanthan is the opposition leader now!!

    TNA won more electorates than UNP in 2010 despite LTTE defeat in 2009!!

    ALL in Jaffna, Vanni, MOST in Batticaloa and one on Trinco.

    That shows how FORMIDABLE TNA dirt is. Now it is even stronger.

    This NPC election junk has to be stopped!!

  64. Sampath Says:

    dear chanaka

    You are wasting your time writing here. it is not ranil who will give elamm MR

  65. Samanthi Says:

    Hello Chanaka,

    Whatever we do, we’ve to do fast. Time is running out fast ….tick, tick, tick!!!

  66. Samanthi Says:

    There’s also a very frightening thing going on in the North.
    Please read the following article publised in Lanka Page.

  67. Fran Diaz Says:

    Let’s wait and see what happens with the Navi Pillai visit. Ms Pillai has stated when she got her post at the UN, that her aim is to ‘remove institutionalized discrimination’ meaning, of course, the Caste problems of her father’s home area, Tamil Nadu. There is no ‘institutionalised discrimination’ in Sri Lanka against anyone. She is visiting the wrong country.

    Also, we await the Army report on the Weliweriya incident which now has bearing on Tamil Separatism. Truth wins, says the motto on the Indian flag.

  68. Senevirath Says:





  69. Chanaka B Says:

    It is good if the North develops and become prosperous. It is good if standard of living of the Northerners go up. It is good if there exists a North sans corruption. This will have an impact in the South. The South will have to follow suit. We have nothing against the Tamils, What we oppose is Tamil separatism. TNA is the embodiment of that; among other things they want to exclude Sinhalese from the North and establish the Eelam. This is clear as a whistle. Unfortunately, lots of Sri Lankan Tamil political groups are like TNA, but, not all. Their backers, Tamil Diaspora have not given up the dream of creating the Tamil Eelam – this is why Rudrakumaran established a government in exile. Our Government must do all things before the election to prevent an Eelam being created in northern Sri Lanka. Chelvanayakam stated “ask a little now and ask more later”. The Government can’t simply sit and wait saying they will act only after the TNA Government has shown signs of separation. It is like allowing Prabhakaran to go scot free in the 80s. After 9/11, the US went in to Afghanistan at great cost because they did not want Taliban/Al Qaida to launch attacks against them again. These were sound precautionary measures. Developed countries do such things all the time. That is why the Guantanamo Bay. Israel built a massive wall despite opposition from the entire world. We must not live in fear of our enemies/critiques; we must do everything humanly possible to save the country, no matter what our adversaries may think or do, as long as our acts are done intelligently and in good faith. At the end, there will be no one outside to help us, except ourselves. If TNA comes to power in the North, especially within the current 13A framework, that will definitely be the end of One Lanka. The best solution is to abolish the entire PC system and go back to the pre-1978 Constitution. It served the country very well.

  70. Lorenzo Says:

    “The best solution is to go back to the pre-1978 Constitution. It served the country very well.”

    Not before settling large number of Sinhalese and Muslim in Jaffna district.

    Otherwise we will once again have a TULF/TNA as the opposition leader.

  71. Sooriarachi Says:

    The facts are, the 13th amendment was never implemented fully and India too failed miserably in its attempt to get the Tigers to lay down arms and allow opposing politicians to enter its captured regions. Though the Sri Lankan Govt established Provincial Councils, it has not devolved land and police powers to any of the existing provincial councils. The Sri Lankan Govt has also proved that it has the power to dissolve a council at any time and hold fresh elections. As this has been the unchallenged practice for over two decades, the TNA if voted to power in the North, wont be able to demand what the other provinces did not get for so long.
    Anyway, best course of action is to modify or cancel the 13th amendment.

  72. nilwala Says:


    Neville says:
    Thanks for your comment on my response. Sorry for this delay.

    Re #4…. My conclusion was based on the premise that:
    a) politically it will not be possible for the Government to postpone the NPC elections;
    b) by President consulting the Supreme Court on the legality of 13A before the elections, SC would be entitled to not entertain any case dealing with 13A (Police and Land powers) after the election, for as long as the Consultative process is going on.

    If you can indeed get the elections postponed by filing action, please do go ahead. You have my full support.

  73. Chanaka B Says:


    Your argument has merit and this is also the current position adapted by the Government. But, we all know that TNA refuses this and they have indicated that they will raise the matter internationally. We do not know what Mr Menon has stated to the Government and what India has stated to Basil. If India agrees with the Government’s position, TNA will have to bite their tongue and wait; of course they will continue to lobby India.

    Whether the US or UK will make a big issue about it (not giving Police and Land powers to TNA Government), this is something difficult to predict at this stage. I think they will first consult India and if India is not bothered, it is quite possible that they will keep quiet.

    Even if India agrees with us now, the problem with India is that they are unpredictable. We know how India behaved during the last Geneva Resolutions. At one stage they wanted luke-warm Resolutions passed against Sri Lanka, but, suddenly, after Tamilnadu protests (both by Karunandhi and Jayalaltha), India changed its position and demanded that stringent Resolutions be passed against Sri Lanka. Fortunately, the US did not agree. So, at the moment India’s foreign policy on Sri Lanka is largely dependent on the severity of the protests emanating from Tamilnadu. The BJP, if in power, their policy on Sri Lanka will be similar. To our utter disadvantage, both parties are eying for the Tamil vote in Tamilnadu (there are 70 million Tamils in Tamilnadu and 0 Sinhalese voters are there, for that matter in the whole of India).

    This is a major headache for Sri Lanka, it is better if the Government sorts out the problem now; once and for all. Especially when India is somewhat silent on Police and Land powers, this is the ideal time to abolish them and hold the election. For this, the Government can mount a 2/3 majority in the parliament. Such an action will take a huge burden off the country, (and we patriot will be able to sleep properly thereafter!).

    How the world will treat us in the years to come in relation to the Tamil issue, no one can predict, But it will be continuous fight for us. Therefore, proactive action by the Government now will be a huge help for future Governments, ie, our future generations.


    I agree with your explanation given in #4. It looks like it is almost impossible for the Government to postpone the election. I believe the Government should have waited until at least the outstanding major issues were resolved before holding the election (eg. dealt with the Police or Land powers head-on and abolished them, if the Government did not want to abolish the entire 13th Amendment entirely, hold CHOGM before the election etc). If Pope is going to come, better finish that before a future Referendum (if any) is held.

    Again, the best solution would have been to entirely abolish the 13th Amendment, by way of a Referendum. If the Government does this (it can still do it), it will be the 2nd biggest patriotic act of it (after winning the war).

    Because the Government is now somewhat entrapped to hole the election in September, and it seems it does not want to do anything before the election, it is only through a court action that we would be able to obtain relief. I believe the Government will not see court action as an anti-Government activity. In a way, by initiating court action, we are helping the Government to come out of the mess that it is currently in (to a certain extent created by itself).

    With your 4(b) answer, I believe you are right, the Supreme Court may not entertain any other matter until it provides advice to HE the Presidnet. Whether or not HE the Presidnet would seek an opinion from the Supreme Court (per Article 129), at the moment it is unlikely, but the situation might change in the future. So the pathway is currently clear to initiate legal action. I urge the patriots in Sri Lanka who read this to contemplate this.

    You and I were engaged in many activities in Sri Lanka lately, let’s keep doing the best we can for the mother country. Your offer of support is indeed a Great Strength.

  74. Chanaka B Says:

    Navatkuli Sinhala Village attacked – 10 August 2013 at 930 pm

    It is with regret I report that the Navatkuli Sinhala village (the Sinhala settlement 6km south of Jaffna) had been bombed yesterday, Saturday 10 August 2013.

    Miraculously no one had been injured.

    Separatists had thrown a bomb at the Navatkuli Buddhist temple at about 930 pm, during which time the main priest (in his mid-eighties) and the 2nd monk had been inside the temple. They were observing ‘Vas’ inside the temple. A devotee (leader of the Navatkuli Sinhalese) had just finished offering flowers in the main Buddha Shrine and had stepped out of the temple.

    The bomb had been thrown inside the temple from outside of the village.

    Fortunately, the bomb had not landed inside the temple. It had bounced on an iron mesh and hit the outside wall of the temple. The wall had been badly damaged.

    After the bomb blast, due to shock, the elderly monk had developed diahoria. Most of the other Sinhalese villages are extremely shocked and do not know what to do next .

    There is an Army camp adjoining the Navatkuli Sinhala village; the bomber had managed to evade the Army surveillance.
    Now the Buddhist temple and the villagers have been provided with security.

    Recently the Electricity Board had disconnected the electricity connection to the village alleging it was not legal. Now the villagers live in dark (for the last two months). Due to this, they face a major security risk in the night. Due to lack of electricity, the villagers are even unable to charge their mobile telephones.

    As they have no employment, the villagers are extremely destitute. They have no source of income. They do not have money to pay for a new electricity connection.

    Soon after the war, about 3000 displaced Northern Sinhalese returned to Navatkuli and surrounding areas, now only a very few are left.. All others returned to the South as there was no relief whatsoever provided to them by the authorities – as opposed to the Tamil UDIs.

    Earlier in the year, Mr Suresh Premchandran TNA MP has visited Navatkuli and according to the Sinhalese villagers, he told them that they must leave Navatkuli village:
    Feb 8, 2013 –

    According to Sinhalese villagers, they believe it is the Tamil separatists who have thrown the bomb at them. They do not know the exact person who threw the bomb. The culprits remain at large.

    In the South the media has wrongly reported that it was a Muslim attack in retaliation of the alleged Grandpass Mosque attack.

    If separatists are treating the Sinhalese this way when the Central Government is still in control of the North, what can one expect from TNA when TNA they assume the control of the North? As stated before the village is located just next to the Army camp.

    There are several Sinhalese settlements in the North. They are all Sinhalese who have born and bred in Jaffna. Of the Navatkuli villagers, everyone speaks fluent Tamil and their ancestors have lived in Jaffna. Some were the famous Bakers of Jaffna who provided bread to the ‘whole of Jaffna’, before the troubles began in the 70s.

    We have grave fears for the safety of Navatkuli residents. Next time, they may not be this fortunate.


    Those who wish to support Navatkuli residents, please send an email to:

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