Tamil National Alliance (TNA) members must face the consequences of violating Sri Lanka Constitution
Posted on August 24th, 2013
RANJITH SOYSA SPOKES PERSON SPUR VICTORIA, AUSTRALIA
It is alleged that Tamil National alliance parliamentarians R Sambandan and A Sumanathiran participated in a number of clandestine meetings organised by the Transnational Government of Tamil Eelam (TGTE) in Canada. TGTE ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”s sole purpose is to establish the separate state, Tamil Eelam in Sri Lanka.ƒÆ’-¡ƒ”š‚ Establishing Tamil Eelam in Sri Lanka was also the goal of Tamil Tiger Terrorists, the LTTE.
The members of parliament must act according to Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Constitution and the TNA members who had been directly and indirectly involved in supporting the LTTE and its fronts in the quest of carving out of a separate state should be taken to task by the Speaker and the Secretary-General of the Parliament. As soon as the Parliament is reconvened, we urge the Sri Lankan government and the Speaker of the Parliament to subject the said TNA members to disciplinary action in accordance with Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s constitution.
We specifically refer to the provisions in the Sri Lanka Constitution relating to the issue of separatism.
Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Constitution under the 6th Amendment, Article 157A specifically prohibits any violation of Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s territorial integrity. Furthermore, Article 157A (1) states ƒÆ’-¡ƒ”š‚ that no person, shall directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka.
Article 157 (2) stipulates that no political party or other association or organization shall have as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka.
Article 157 (3) confirms that any person who acts in contravention of the provisions of paragraph (1) shall, on conviction by the Court of Appeal, after trial on indictment and according to such procedure as may be prescribed by law ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” face the following consequences as punishment.
a) have their civic rights removed for a period of 7 years;
b) forfeit their movable and immovable property other than that which is needed to sustain their family and self;
c) not be entitled to civic rights for no more than 7 years; and
d) if a Member of Parliament, cease to be such a Member.
Article 157 (4) also states that if a political party, association or organization that seeks to establish a separate State in Sri Lanka, any person who is a citizen of Sri Lanka can make an application to the Supreme Court to declare that such a political party/association or organization has as its objectives the aim to separate and the Secretary of the political party/association or organization shall be a respondent to such an application.
Article 157 (5) says if the Supreme Court accepts the application, the political party/association or organization can be deemed to be proscribed. If a political party as in the case of the TNA, who have members in parliament as MPs, they shall be deemed to have vacated their seats in Parliament with effect from the date of declaration and nomination papers submitted by the political party or association or organization shall be deemed invalid.
Further, under the Seventh Schedule to Article 157A and Article 161 (d) (iii), an oath of allegiance to the Sri Lankan State is required to be undertaken by the members of the Parliament. The oath requires the members to declare solemnly and affirm that they will uphold and defend the Constitution of Sri Lanka and will not directly or indirectly in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate state within the territory of Sri Lanka.
If as alleged, by joining the well known Tamil Eelamists separatist groups in Canada, the USA and the UK, the named TNA members have brazenly flouted the provisions of Sri Lanka Constitution and as such, the Sri Lankan Parliament has to take serious note of this situation. On the other hand if the authorities ignore these acts of violations, the Parliament will be seen by the general public as operating illegally and unconstitutionally.
SPUR urges all the political party leaders and the members of the Parliament to honour the Constitution and act rationally to uphold justice by giving serious consideration to the provisions of the Constitution.
The Speaker of the Parliament must take disciplinary action against R sampanthan and T Sumanthiran
for violating the Sri Lanka Constitution by taking part in discussion with the Transnational Government of Tamil Eelam (TGTE) whose sole objective is to carve out a separate Eelam State from our beloved motherland, Sri Lanka.
August 24th, 2013 at 7:33 am
RANJITH !! All what you have stated is glaring in the face of the SPEAKER, and the SECRETARY GENERAL. When you speak about the TNA to them, you are inculcating fear in them primarily, and then they have to appease their Indian Bearded Gran-Paw, who is the Step Father of the TNA. No one in Parliament will even pass flatus, without the expressed permission of The President. So, please believe me, even if we patriots shout ourselves hoarse, no disciplinary action will be taken against the TNA. All we can do is to wait and watch the scenario from now on till Elections are over, and then till CHOGM is over. Let us keep our fingers crossed.
I truly miss Asoka Weerasinghe in this forum. He has covered all this in his patriotic sentimental journey. He deserves a happy retirement.
August 24th, 2013 at 8:01 am
Many thanks for lucid article, Ranjith.
The time has come to use the LAW of the land to protect the country. The TNA is not even a registered political party and they are contesting the Northern elections through the ITAK. TNA members break the law of the land with impunity even though as MPs they get their pay, perks and pensions from the taxpayers of Sri Lanka. The food and water they daily consume come from this country, their homes are in this country, they and their children get free education & free health care. What strange evil that some dishonor this kindness !
Sri Lanka has been made the Centre to fight Tamil Caste Wars coming from Tamil Nadu at high cost in life, international reputation and wealth to the country. The punishment for Treason is much more harsh in most countries when compared with Sri Lanka.
All concerned citizens of Lanka must now use the Law of the Land to protect the Country and the People. We have been rendered crippled and castigated for too long, ever since Colonisation over 500 yrs ago and now Tamil Caste Wars. Raise your heads up and live in dignity – fight for truth & justice, People of Lanka ! Too many of us have died for flimsy reasons.
Wait till CHOGM is over but by then the NPC elections would be done too. The President has categorily stated ‘No Land & Police powers for any PC in the country’. That should be written law into the Constitution if the country is going to continue with the illegal 13-A.
August 24th, 2013 at 8:01 am
read as : categorically
August 24th, 2013 at 4:34 pm
No need for a lengthy comment for the Article clearly addresses the acts of treason committed by the Tamil National Alliance. Now all that need to be done is implement them. The Tamil National Alliance have for too long acted in a manner of that of a foreign entity. They regularly consult with New Delhi on the 13th amendment and now this regarding the Transnational Government of Tamil Eelam. They are acting in a similar manner of the political parties of Palestine. They need to be removed.
August 24th, 2013 at 8:52 pm
This should happen now..
Mr. Jayantha Liyanage’s attempt failed, but we shouldn’t give up…………………..we should not rest until those parasites living off our tax payer’s money are out of parliament.
August 25th, 2013 at 12:05 am
For some reason SPECIAL laws DO apply to Tamils.
e.g. TNA can violate the constitution at will but nothing happens.
e.g. ALL TOP LTTE leaders are VVIPs!! NONE of the went to prison in SL!!
e.g. World’s first woman PM was stripped of her civic rights under the constitution that does nothing against TNA terrorists.
e.g. When Sinhalese ask for water that is crime PUNISHABLE BY DEATH. When Tamils ask for half the country the govt. comes up with how and what to cut and give them.
e.g. Tamils can violate the immigration law at will.
e.g. IF a Tamil is arrested for child pornography, he escapes it by blaming the army!!!
e.g. IF a Tamil is pursued by the police for ANY CRIME they run to the US, UK, Canadian, Endian or Australia embassy and they are SAFE.
Sinhalese are ALIENS in their OWN country!!!
Is this NOT the reality?
August 25th, 2013 at 12:08 am
People have to come forward with a VIGILANTE group and enforce the Sinhale law.
The punishment for treason under Sinhale law was D-E-A-T-H by spear from the behind.
Then the govt. will wake up and do the right thing.
IF people don’t take any REAL action against terrorists, govt. will not.
MR survived the terrorist threat. Now he doesn’t care about national security.
August 25th, 2013 at 7:56 am
Lorenzo,
Unfortunately, the Law in Sri Lanka, after some 500 yrs of Colonisation, is NOT the Sinhale Law. It is Law from the colonists.
– Roman Dutch Law (Civil Law)
– British Law (Criminal Law)
In the times of the kings of Lanka, the king dispensed justice with Buddhist Teachings in mind. Those days are over. The Democratic forms of governance have taken over, but is justice happening for most of the people of Lanka re Security ?
The govt. has been muzzled ?
————–
The Sinhala/Buddhist people of the present day have to study the existing Law and make Amendments where necessary. Buddhists priests have to study Law to make the necessary Amendments so as to protect the country and the people from invaders who can come in many forms. Long term, solid plans necessary.
August 25th, 2013 at 9:15 am
Thank you Ranjith Zoysa! its a long over due article, & comments. WE have to wait always, while INDIA demands what should be done by Sri Lanka, in any situation. Indians can come to Lanka, FREELY & overstay their welcome.
Some come as business people ONLY to sell bangles, or some jewellery. These are pea nuts to lankan economy. Once they come to lanka, NO investigations are made if they had returned to India or NOT. India wants to open some more offices in lanka, as LISTEING POSTS.
WE always have to take action at the last moment. WHY did our Govt.. wait TILL NOW to state that TRAWLERS in our waters , poaching & entering illegally to lanka side will be taken over. WHY ALL these years we allowed illegal INDIANS to fish in our side of the boundary?
WHY IS OUR POLITICIANS so scared of India?, is it that some secrets will come out if we annoy India, BUT India can annoy us over & over again. Even if HE President is NOT a dictator, when dealing with India President should act as a dictator. Not to our own citizens who bearing brunt of hardships, while india is buidling submarines, neclear powered vessels, while their own poor die in the streets.
W do not want that tyoe of Govt, in Sri lanka. So lets meet our President and say that VAST majority are angry about UPFA & his govt. Holding CHOGM doesn’t affect these woes, BUT we should not be silent. SILENT majority in lanka, is very angry & fearful beacuse if they speak out loud, they will be taken to police station. We all know what happens then.
As our Prsident earned it to hold CHOGM, let him, BUT we need to VOICE our concerns even if we live abroad, about what is happening to our Motherlland. We all talk about last 2 years of war against LTTE, BUT nobody talks about LTTE atrtrocities during 37 years of brutal killings of their own TAMILS, destroying Buddhist & Muslims places of worship and the clergy.
People in lanka should DEMAND from INDIA NOT to interfere, when we bring charges against LTTE former & present ones in disguise. Let them answer to UNHRC, UN, and other western govts funded human Rights organizations.
Thanks you again Sir, for your valuable contrivution……as usual an EXPAT from Canada mouthing off~ J
August 25th, 2013 at 1:57 pm
Fran,
That is happening.
But that doesn’t ensure national security. ACTION is needed.
August 25th, 2013 at 3:23 pm
Lorenzo,
What sort of ACTION do you recommend ?
August 25th, 2013 at 4:40 pm
EVERYTHING Ranjith Soysa says + a DPU style ELIMINATION approach to eliminate KEY terrorists.
e.g. If you see a rabies infected dog going around would you rather kill it or let it infect other dogs and humans?
We ALWAYS let the cancer grow and once it reaches vital organs struggle like a mad house to save the patient.