{"id":84143,"date":"2018-12-15T00:14:02","date_gmt":"2018-12-15T06:14:02","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=84143"},"modified":"2018-12-14T11:18:02","modified_gmt":"2018-12-14T18:18:02","slug":"do-our-judges-follow-the-great-wisdom-of-kakille-rajjuruvo-or-maha-danamutta-to-solve-political-problem","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2018\/12\/15\/do-our-judges-follow-the-great-wisdom-of-kakille-rajjuruvo-or-maha-danamutta-to-solve-political-problem\/","title":{"rendered":"Do our Judges follow \u00a0the\u00a0 great wisdom of Kakille Rajjuruvo or Maha Danamutta to solve political \u00a0problem ?"},"content":{"rendered":"

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

A Gamarala \u00a0and his family were locked up in their home surrounded by Alibaba and 40 thieves coming from the \u00a0cavern under temple trees and making impossible demands. \u00a0The Gamarala\u00a0 sent a message to\u00a0 Maha Danamutta asking for \u00a0a solution and\u00a0 liberate him and his family. Maha Danamutta and his goloyo said they want time to receive visitors and count what they receive before they\u00a0 find a solution to liberate the Gamarala and his family. In the mean time\u00a0 Alibaba and his 40 thieves were making Gamaralas life miserable.<\/p>\n

Maha Danamutta \u00a0took his own time looked into the books as even the judges \u00a0always read most of the old judicial decision of\u00a0 Kakille Rajjuruvo and more those of Maha Danamutta. Maha Danamutta\u00a0 considered the case of the Goat\u2019s head stuck in a pot and how wise was his solution. But that entails cutting the heads of Gamarala and all his family.<\/p>\n

Then\u00a0 Maha Danamutta thought that he would\u00a0 go on his elephant to meet the Gamarala and discuss the matter, but then he may have to get Gamarala to break the wall in front to allow him and his elephant to go inside, but thought otherwise as he \u00a0thought that it may cause damage to him and his Goloys, and thought of other solutions.<\/p>\n

Maha Danamutta\u00a0 discussed long with his Goloyo Polbamoona, Kotukithaiah, Indikatu Pancha, Rabboda Aiya and Puvak Badilla they had all their ideas which Maha Danamutta took into consideration. Polbamoona spoke up suggesting \u00a0a long lockup of Gamarala and his family\u00a0 for \u00a0four and half years, which by then would tire Alibaba and 40 thieves and stop bothering\u00a0 Gamarala and his family any more. Maha Danamutta was pleased and clapped his hand in approval of his practical suggestion, and said so be it.<\/p>\n

Like wise the SC\u00a0 after long and deep\u00a0 consideration came to the conclusion that the dissolution of Parliament by the President by\u00a0 Gazette Notification was un-Constitutional and that the President could dissolve the parliament if he wants only after four and half years . That was a dumb solution as in any case the Parliament ceases its term of office\u00a0 in four and a half years. <\/strong><\/p>\n

What a great judicial ruling which\u00a0 even Mahadanamutta would have been put to shame ?<\/p>\n

In Europe there are long Tunnels one such long tunnel is the Tunnel of Frejus which connects France and Italy. It is 12895 meters long. These tunnels have\u00a0 at regular intervals on either side small doors marked Sortie or Exit. If there is a train catching fire in the middle of the tunnel (as it once happened) the tunnel will be gutted with fire and smoke\u00a0 and these small exit doors\u00a0 are used to evacuate the passengers from the trains out of danger from fire and smoke..<\/p>\n

Like wise in the 1978 Constitution of Sri Lanka despite its short comings or if any ambitious fool were to introduce an Amendment such as 19A, and find the country in a political impasse, the Constitution has provided means to overcome the difficulty( like the Exit Doors inside tunnels). <\/strong><\/p>\n

Hence when Article 70 of the Constitution prohibits the President from dissolution of the Parliament for any reason before four and a half years even if the President is confronted with a serious\u00a0 political impasse, the 1978\u00a0 Constitution fortunately provides Article 33 which permits the President to dissolve the Parliament before the period specified under Article 70. <\/strong><\/p>\n

This provision had been overlooked by our great judicial minds of the SC in their verdict pronounced \u00a0with pomp and glory\u201d on the 13 December,2018 coming\u00a0 close to Maha Danamutta\u2019s solution.<\/p>\n

The Judges are not there merely to interpret the Constitution, but also examine the reasons behind\u00a0 legal issue in question\u00a0 such as why the President used one Article of the Constitution,\u00a0 without referring to the other which restricts his actions.\u00a0 There is some thing called cause\u00a0 and effect which the Judges should examine. The Judges are not mere technical robots, but human beings with a mind to be used when necessary to understand the whole of a political problem which is in \u00a0question and\u00a0 now under their judicial examination<\/strong>.<\/p>\n

In applying their commonsense, apart from legal arguments, \u00a0they should have examined the cause that led the President to resort to article 33 to dissolve the parliament by Gazette Notification despite the prohibition at article 70, which he would have certainly read and understood, \u00a0if not him personally \u00a0at least by those who advised him on the issue.<\/p>\n

That was the cause , now\u00a0 the reason was, after working with Ranil Wickramasinghe as Prime Minister \u00a0\u00a0on whom he had placed all his confidence , he realised that the Prime Minister Ranil Wickramasinghe is not the man he had accepted him to be. When the UPFA Ministers left the Yahapalanaya Government\u00a0 the Cabinet was automatically dissolved under the relevant Article 42 of\u00a0 Constitution. Then the President had to appoint another Prime Minister and he did so under Article 46. <\/strong><\/p>\n

That was the back ground which the five Judges of the SC had not examined. That is a serious lapse on their part.<\/strong><\/p>\n

There is another case being examined by the Supreme Courts with regard to the appointment of the new\u00a0\u00a0 Prime Minister and a cabinet of Ministers . There too the Judges should not \u00a0rest after interpreting the relevant Articles of the Constitution, because the law is not for the President and the Parliamentarians, but \u00a0the law is primarily for the people.<\/p>\n

Therefore the Judges should also examine the cause that led to the appointment of a new Prime Minister and his Cabinet. And also observe what had been\u00a0 the need of the hour. <\/strong><\/p>\n

Was it to leave the people stranded without a government functioning and their daily needs unfulfilled and country being pushed into anarchic with a disposed Prime Minister Ranil Wickramasinghe\u00a0 not seeing reason acting\u00a0 undemocratically and without moral decency ? <\/strong><\/p>\n

And in the meantime, the JVP, making use of the situation to fulfil their own ambitious scheme of passing an Article 20A to the Constitution, and TNA asking for more conditions suitable to making the North and East an Eelam State.<\/p>\n

Let the people be proud of an independent judiciary not independent from the people , but independent in taking judicial decisions for the benefit of the people\u00a0 as true patriots besides being judges and lawyers.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

By Charles S.Perera A Gamarala \u00a0and his family were locked up in their home surrounded by Alibaba and 40 thieves coming from the \u00a0cavern under temple trees and making impossible demands. \u00a0The Gamarala\u00a0 sent a message to\u00a0 Maha Danamutta asking for \u00a0a solution and\u00a0 liberate him and his family. Maha Danamutta and his goloyo said […]<\/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-84143","post","type-post","status-publish","format-standard","hentry","category-charles"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/84143","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=84143"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/84143\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=84143"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=84143"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=84143"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}