THE VOICE OF “JUSTICE” IS NOT OVER YET. WE HAVE TO WAIT. This wise judgement has eased the tense political situation in the country and will allow “JUSTICE” to be “FAIR” by everyone.
Posted on November 13th, 2018
By Noor Nizam – Peace and Political Activist, Political Communication Researcher, SLFP Stalwart and Convener – “The Muslim Voice”. 13th., November 2018.
An INTERIM ORDER is a temporary court order, intended to be of limited duration, usually just until the court has had an opportunity of hearing the full case and make a final order. The stay orders have been issued effective until December 7. The Supreme Court has fixed the case for argument on December 4, 5 and 6. On the 7th., December, the court will give the verdict. “WE HAVE TO WAIT TILL THEN TO THE HEAR THE VOICE OF JUSTICE”. The learned judges of the Supreme Court have acted very wisely on this matter by giving and “interim stay order” on the dissolution of parliament for now. This wise judgement has eased the tense political situation in the country and will allow “JUSTICE” to be “FAIR” by everyone.
They have created an opportunity to all to place their arguments before the 3 member bench of judges for 3 days (4th., 5th., and 6th., November 2018) before giving the final decision of the court.
The 19 submissions in SUPPORT of the DISSOLUTION submitted on the 12th., November 2018 as stated by the media, will now be taken for consideration/deliberation/argument by the 3 bench judges on the 4th., 5th., and 6th., November 2018.
As an experienced “Political Communication Researcher” and my 49 years of experience in Politics in Sri Lanka, I can see that the Learned Supreme Court Bench of Judges will “NOT SHUT DOWN” the Constitutional Right of the Elected Head of State of Sri Lanka – President Maithripala Sirisena. The verdict on 7th., November 2018 will “LEAN” towards in “FAVOUR” of the President’s decision, by the grace of God AllMighty. This is my personal view and expression. THE VOICE OF “JUSTICE” IS NOT OVER YET”. WE HAVE TO WAIT. Muslim Politicians like Rauf Hakeem, Rishad Bathiudeen, Mujeebu Rahuman, Marikkar and Azad Sally or the ACJU or National Shoora Council should “REFRAIN” from making “DRASTIC” statements on this issue, WHICH CAN BE DETRIMENTAL to our community at large, whatever political party we maybe, till such time, the verdict is announced, Insha Allah.
November 13th, 2018 at 9:09 pm
This Supreme Court Decision by (ONLY) THREE Supreme Court Judges is an INTERIM (TEMPORARY) INJUNCTION to halt ALL POLITICAL ACTIVITY related to the DISSOLUTION of Parliament and the HOLDING of NEW Parliamentary ELECTIONS.
Here are my thoughts on the IMPACT of this ORDER, and the REMEDIES available to the New Govt.
The TEMPORARY INJUNCTION APPLIES TO ALL PARTIES to the DISPUTE; not only the Govt.
THEREFORE, the Govt cannot PROCEED with the NEW ELECTIONS, the Parliament is TEMPORARILY NOT-DISSOLVED, and it CANNOT RESUME SESSIONS either!
RESUMING SESSIONS would be TANTAMOUNT to VIOLATING the TEMPORARY INJUNCTION issued by the Supreme Court!
In particular, as he has threatened to do, the Speaker Karu Jayasuriya cannot organize a VOTE COUNT to show who has the Parliamentary majority, without FLOUTING the TEMPORARY INJUNCTION himself. Besides, only the President can CONVENE and CLOSE the Parliament; NOT the Speaker!
Also, the Govt will APPEAL the Supreme Court Decision, in particular the LIFTING of the TEMPORARY INJUNCTION issued by the 3 judges.
Furthermore, they are likely to also ask for a decision by the FULL Supreme Court comprising 11 judges in case they suspect that the 3 judge panel is BIASED!
Finally, as Neville points out, in our Presidential Democracy, the FINAL EXECUTIVE Power lies with the President, NOT the Supreme Court. While no President likes to IGNORE an order of the Supreme Court, he CAN & DOES SO in certain National Emergencies like the PRESENT ONE.