{"id":84003,"date":"2018-12-07T10:32:29","date_gmt":"2018-12-07T17:32:29","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=84003"},"modified":"2018-12-07T10:33:23","modified_gmt":"2018-12-07T17:33:23","slug":"have-the-appeal-court-judges-of-sri-lanka-dropped-from-another-planet","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2018\/12\/07\/have-the-appeal-court-judges-of-sri-lanka-dropped-from-another-planet\/","title":{"rendered":"Have the Appeal Court Judges of Sri Lanka \u00a0dropped from another planet\u00a0?"},"content":{"rendered":"

By Charles S.Perera<\/em><\/span><\/h2>\n

The absurdity of the Appeal Court interim ruling to\u00a0 prevent the Prime Minister and his cabinet of Ministers from carrying out their functions is seen only in reading the\u00a0 reasons given\u00a0 by the two judges for their absurd, unjust, anti Mahinda Rajapakse judgement.<\/p>\n

The duo had certainly acted not according to the rule of the law, but some prejudice based on their own\u00a0 personal views favourable to those of 122\u00a0 movers of the No Confidence Motion in a parliament consisting of 225 parliamentarians. The appeal court judges had not observed the absence of the 103 parliamentarians at the time of the taking of the digital vote on the NCM.<\/p>\n

Apart from the illegality of the NCM passed in an unconstitutionally constituted parliamentary session represented\u00a0 only with the 122 members of the opposition with no parliamentarians of the Government occupying their seats, the NCM was prepared and presented unconstitutionally without giving sufficient time to those opposing the NCM to present their case against \u00a0the NCM:<\/p>\n

The black coat and tie judges belong to a different class from the majority of the ordinary people represented by the Prime Minister Mahinda Rajapakse and the Ministers of his Cabinet, which is a class nearer to the coat and tie capitalist class Ranil and his UNP hierarchy. So even sitting on the hot seats of law and justice\u00a0 they could not still forget the class to which they belong.<\/p>\n

That is why they say in their judgement why they cannot entrust the function of a Prime Minister and Cabinet of Ministers to a group \u00a0that had been sworn in by the President of Sri Lanka.<\/p>\n

In the Judgement the duo of the Appeal Court say:<\/p>\n

<\/strong>This Court is mindful that wide powers of governance of the Country are vested with the Prime Minister, Cabinet of Ministers and the other Ministers by virtue of various provisions of the Constitution as well as other laws. Thus, whoever holding such office is required to make important decisions which will affect the whole country at large both locally and internationally. Most of such decisions may not be reversible. This Court is also mindful of the damage that would be caused if this Court having granted interim relief to restrain the Respondents from functioning in their public offices and then proceed to subsequently dismiss this application refusing to issue the remedies prayed for by the Petitioners.\u201d<\/p>\n

The court which claims to be mindful of the wide powers of governance, cannot however be considered a Court consisting of two reasonable \u00a0men\u00a0 who had lived through the terrorism in \u00a0Sri Lanka and seen how efficiently and successfully the then President Mahinda Rajapakse carried out the function of the President and brought\u00a0 peace and security to the people and how much the people appreciated him and how much of love, trust and confidence they placed on him. It was only a\u00a0 mere four lacks of the population which \u00a0decided against voting for him in January,2015.<\/p>\n

The Court mindful of all absurdities seem not to have been mindful that it is this same President Mahinda Rajapakse who has been sworn in today as the Prime Minister, by the President of Sri Lanka. The duo of the Appeal Court if they moved out of the cloud of justice to perceive who is this\u00a0 Prime Minister\u00a0 of Sri Lanka today \u00a0against whom\u00a0 the coat and tie wearing Ranil Wickramasinghe and his UNP and its allied \u00a0parliamentarians had voted a NCM,\u00a0 they would have seen that it\u00a0 is the same President of Sri Lanka who eliminated terrorism, who even in defeat won the \u00a0trust of the people\u00a0 at the local Government elections of the 10 February,2018.<\/p>\n

How could have these stupid coat and tie legal duo of the Appeal Court \u00a0unless they had a different motive beside the legal arguments , deprived the Prime Minister Mahinda Rajapakse from functioning in his office for the welfare of the people and the country that had been economically ransacked by the Ranil and his UNP and JVP for three and a half years putting the people into an\u00a0 economic suffering not second to the suffering they underwent\u00a0 with a ruthless\u00a0 terrorism.<\/p>\n

During the three years of Yahapalanaya the foreign enemies of Sri Lanka have been activated within the country which now abound with CA, MI5,RAW,EU agents, besides the Christian and Evangelical Churches which carry out a subtle\u00a0 effort in changing the minds of the judiciary, the right wing politicians, including those of the JVP.<\/p>\n

We see already in TV Debates ( Derana Aluth Paralimenthuva of\u00a0 5th<\/sup> December,2018), \u00a0and certain public utterances of our legal fraternity, \u00a0which way our legal profession is going.<\/p>\n

In this respect there is a very informative, well researched article by Shenali Waduge on Foreign Funding of the Bar Association of Sri Lanka.<\/p>\n

( https:\/\/www.onlanka.com\/news\/investigate-foreign-funding-of-bar-association-of-sri-lanka-is-national-security-compromised.html<\/a>)<\/p>\n

Sri Lanka is awaiting a SC judgment on the dissolution of Parliament by the President. In that too the interim judgment putting off a court hearing was made without taking into consideration prevailing political situation with an ex Prime Minister refusing to \u00a0stand down illegally occupying the official residence of the Prime Minister, with a government sworn in by the President under protest by the opposition.<\/p>\n

This interim judgment of the SC has already caused considerable damage to the political climate of the country, and thereby the people have been put into untold economic suffering, with the situation deteriorating every day without a solution other \u00a0than a dissolution of the parliament and call for general elections.<\/p>\n

Even for that a decision \u00a0of the Supreme Court is being awaited\u00a0 without much confidence which way the judgment of the SC would go. Under such circumstances to whom could the people appeal.<\/p>\n

With this reality in view one wonders what decision the SC would make. If they accept the right of the President to dissolve the parliament under Article 33 the present political crisis may end and people may continue with the Present Government of the Prime Minister Mahinda Rajapakse, for their great joy and satisfaction.<\/p>\n

However,\u00a0 if\u00a0 the SC decides that the President\u2019s decision was wrong and that he has to wait until the end of the four years for the dissolution of the Parliament, it would be a judicial repetition of stupidities not for the welfare of the\u00a0 people and the country, but to please\u00a0 some unknown entity which rules the country behind scene, helping its puppet regime to survive with more theatrical performances in the House of\u00a0 the Parliament.<\/strong><\/p>\n

The SC seems to be taking its own time deciding \u00a0which article of the Constitution to accept\u00a0 and which to reject, quite unconcerned about the people suffering with political uncertainties affecting their existence. The country is slipping into an unredeemable \u00a0depth of an economic hellhole dug by the UNP, TNA , JVP and the rest.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

By Charles S.Perera The absurdity of the Appeal Court interim ruling to\u00a0 prevent the Prime Minister and his cabinet of Ministers from carrying out their functions is seen only in reading the\u00a0 reasons given\u00a0 by the two judges for their absurd, unjust, anti Mahinda Rajapakse judgement. The duo had certainly acted not according to the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"class_list":["post-84003","post","type-post","status-publish","format-standard","hentry","category-charles"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/84003","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=84003"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/84003\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=84003"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=84003"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=84003"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}