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President Rajapakse’s second term: Advisory Opinion vs Judgment proper

by D.B.S. Jeyaraj

Hello Friends

Some very interesting questions were raised by the reader Nalaka at comment #147 made in response to my article “The magic behind the Mahinda Rajapakse victory“.

I forwarded them to two experts at Centre for Policy Alternatives (CPA) in Colombo for their opinion. Both Asanga Welikala and Rohan Edirisinghe were kind enough to respond and I thank them for that. Incidently both were called upon to testify before courts on this issue of the President’s second term .

I am reproducing reader Nalaka’s original post and the responses by Asanga and Rohan here for the benefit of readers who may be interested in this issue.

Here they are:

147. Nalaka | February 2nd, 2010 at 10:38 pm

The recent advisory opinion issued by the SC regarding the commencement of MR’s second term gives rise to several legal issues.

1.This is only a “advisory opinion” not a “judgment” and has no legal validity.

2.As per the constitution an advisory opinion can be sought from SC only by a serving president. As MR has not taken oath for his second term he has no legal authority to sought the opinion from SC.

3.The CJ & majority of the judges that issued this opinion were appointed in violation of the constitution in the absence of a Constitutional council.

4.Therefore the “judgment” issued by the former CJ in response to the fundamental rights petition of Ven.Omalpe Sobitha still stands. According to this verdict a presidents tenure commences from the date election results are declared. That is why CBK had to go home and MR got the presidency in 2005. Otherwise CBK could have occupied that post till Nov 2006.

5.Therefore if we go according to the recent advisory opinion of the SC, MR’s 1st term becomes invalid.

6. According to the constitution a president should take oaths within 2 weeks of his election. As the former CJ’s judgment remains valid, if MR postpones his oath his election results become invalid from 10th Feb 2010. Therefore the office of the Sri Lankan president becomes vacant from 11th February 2010.

ASANGA WELIKALA

My answers as follows; Rohan’s may differ:

1. This is an interesting issue that Rohan and I discussed after our submissions-someone else brought it up also. I am not entirely persuaded that the argument that an Advisory Opinion has no legal validity can be accepted with total certainty, although there is a live question as to what would prevail between a judgment proper and an Advisory Opinion if they are in conflict. Note also that the government treated the SC’s Advisory Opinion to the effect that the Sri Lankan Constitution and law was in compliance with the ICCPR (for the purposes of the GSP+ extension) in 2008 delivered to the President under the same procedure as binding and conclusive. We have not yet seen yesterday’s Advisory Opinion (if we ever will), so we don’t know how the court dealt with this (or if it did at all; but we certainly raised it as an issue in Rohan’s submissions to Court).

2. This argument is almost certainly wrong. MR’s first term had not concluded at the time he made the reference-as confirmed by the Advisory Opinion in line with the AG’s submission, our own, as well as the plain meaning of the provisions of the Third Amendment.

3. True that the CJ as well as certain other Justices of the SC have been not been appointed under the terms of the Seventeenth Amendment. Thus while we can agree that these appointments are unconstitutional, insisting on such a point would be akin to denying the existence of the SC.

4. Once again, we have not seen yesterday’s Advisory Opinion, so we have no way of knowing how the court has dealt with the decision in Omalpe’s case. We suspect they might just have ignored it. However, while Sarath Silva CJ’s decision in Omalpe’s case can be welcomed from the perspective of democratic principle and Westminster convention, it patently flies in the face of the constitutional text of the Third Amendment. The resultant position is the difficult one of preferring whether to uphold the text of the Constitution (given the provenance of JR’s Third Amendment, clearly anti-democratic and self-serving, but it is the Constitution nevertheless) or whether to ignore the text and uphold the democratic principle that the power/privilege given to the incumbent of calling an early (re)election at a time politically advantageous to him, must be countervailed with the requirement that he forfeits the remainder of his (first) term if re-elected (but the Constitution makes an express departure from this). Compounding this of course is Sarath’s questionable motives as well as questionable reasoning – he ignored the Third Amendment by unpersuasively arguing that the text was hopelessly ambiguous and hence devoid of meaning, so as to contrive the basis for his conclusion. I don’t agree with that, and while the relevant provision is convoluted, it is not impossible to interpret its meaning.

5. I am not sure what is meant here, but if I understand it correctly, it is wrong.

6. This conclusion is dependent on whether we can accept the argument being made by the person making the comment. For the reasons I have mentioned above, I do not agree with him.

ROHAN EDIRISINGHE

I agree with Asanga’s comments. Why didn’t this person make these submissions on Monday before the Supreme Court?

The absence of anyone who would defend the Sarath Silva interpretation in Omalpe Sobitha v Dayananda Dissanayake was significant (I reminded the court of its existence and urged them to distinguish, refuse to follow, or overrule it) and we are indeed lucky that the court did not follow the interpretation advocated by Nihal Jayamanne and DS Wijesinghe who represented Sarath Kongahage and Mendis Rohanadeera respectively, that MR’s second term begins in Nov 2011.

Points 2 and 5 have no foundation whatsoever.

The other points are interesting.

DBS Jeyaraj can be reached at dbsjeyaraj@yahoo.com

76 Comments

  1. Interesting point but only of academic interest now as Mahinda seems determined to retain presidency at any cost. Constitutional,legal nicetys are not followed

  2. I finally decided to write a comment on your blog. I just wanted to say good job. I really enjoy reading your posts.

  3. as if this charlatan is bound by legal propriety and norms. A witchhunt is on now and the generals supporters are being hounded.In such a siituation nobody’s going to object even if Mahinda is acting ultra-vires the constitution. What court ruling for tinpot dictators?

  4. No point in relying on the judiciary. Both chief justice and Attorney-General are Mahinda acolytes. If any judge crosses the line then he will be intimidated like elections commissioner. his wife and daughter will be threatened at gun point by the politicised military that DBSJ pointed out so well. No justice no laws in this thrice-blessed land

  5. My opinion is all countries on earth should follow sri lankan constitution and they need have to amendment their continuation.. what a laws??

  6. DBS , AS A SRI LANKAN LAWYER I MUST CLARIFY THIS TO YOUR ODIENCE BEFORE ANYTHING ELSE. ACCORDING TO THE SUPREME LAW OF THE COUNTRY (CONSTITUTION)
    SUPREME COURT HAS SEVERAL DUTIES IN ITS MANDATE. ONE OF IT IS PROVIDING ADVICERY OPENION TO THE GOVERNMENT AND THE PEOPLE OF THE COUNTRY. THESES OPENIONS ARE VALID AND POWEREFUL SAME AS A RULING. ONE MORE THING THESE OPENION CAN BE CHANGED BY FIVE BENCH HEARING ON THE MATTER.

  7. Very nice of DBS to consult expert opinion on this issue. Our thanks to Asanga W and Rohan E for clarifying. Also to Nalaka for raising questions

  8. We need to accept the fact that MR is elected by the people for the second time. It was his choice to call a snap election and he won it with flying colors. Also we need to accept the fact SF lost the election. As most of the losers he has many bogus complains. He should accept the defeat and congratulate for the elected president . He and his supporters like Mangala, Somawansa, and Ranil are responsible for his lost of credibility and lost of stature he gained as a soldier. For the first time in the Sri Lanka history we saw the participation of military high ranking officrs in election work. This is a very dagerous and unfortuante situation. I am glad the people made the right coice. Now the supreme court has published it advise the pundits should accept it and look forward to work with the current administration rather than wasting their time.

  9. Nalaka’s interpretation in # 147 is interesting but does not correspond with Article 31 (3) (d) of the Constitution on the commencement of the term of office of an elected President: (

    Article 31 (3) (d) of the Constitution provides that –

    “The person declared elected as President at an election held under this paragraph shall, if such person-
    (i) IS THE PRESIDENT IN OFFICE, hold office for a term of six years COMMENCING ON SUCH DATE IN THE YEAR IN WHICH THE ELECTION IS HELD (being a date after such election) or in the succeeding year, as corresponds to the date on which his first term of office commenced, WHICHEVER DATE IS EARLIER ; or

    (ii) IS NOT THE PRESIDENT IN OFFICE , hold office for a term of six years COMMENCING ON THE DATE ON WHICH THE RESULT OF SUCH ELECTION IS DECLARED.”

    Article 31(d) has been drafted to favor the President in office to allow him to continue for some time under his previous term, even though rightfully such term comes to an end when an election is declared. Furthermore, when a President makes a Proclamation under Article 31 (3) (a) (i) indicating his intention to appeal to the people for their mandate for a second term without waiting for the initial term to expire, he willingly gives up the remaining term of office in the process. This seems to have been the basis of former CJ Sarath Silva’s judgment in the Omalpe Sobitha case.

    However, the drafters of the Constitution have made clear the rights enjoyed by the incumbent President, however wrong it may be.

    The other important point in this regard, is the time or exact date of taking office as President. This is given in Article 32 (1) as follows:
    “The person elected or succeeding to the office of President shall assume office UPON TAKING AND SUBSCRIBING THE OATH or making and subscribing the affirmation, set out in the Fourth Schedule, in Sri Lanka before the Chief Justice or any other Judge of the Supreme Court.”

    Therefore, in the case of an incumbent President, his new term will commence in the year the election is held, as from the date he takes the oath of office.

    On the other hand, if the person so elected was not the incumbent President, his term would commence as from the date the election results are declared. (i.e. under the just concluded elections, with effect from January 27, 2010).

    The next point is the VACATION OF OFFICE of President, which is given in Article 38 (1). A newly elected President is deemed to have vacated office if he “willfully fails to assume office, within 2 weeks from the date of commencement of his term of office” .

    The above Article would therefore apply in two different ways for an incumbent President and for a person who was not the President in office. In the case of an incumbent President, who is elected for a second term, as long as he takes his oath of office during the year of election, the time limit contained in Art. 38(1) will not run. But in the case of a person so elected who was not the President in office, unless he takes his oath of office within 2 weeks from the date of commencement of his term, (i.e. date of declaration of results) he would be deemed to have vacated office. For example: if SF was declared the President, he would have had to take his oath on or before 10 February 2010.

    Nalaka in his interpretation in # 147, had not taken into account the clever drafting of Art. 31 (3) (d) which gives the incumbent President an unfair advantage over his competitors. The former CJ in his judgment in Omalpe Sobita’s case had attempted to correct a wrong, which however had been disregarded in the present opinion of 7 SC judges, by sticking to the Constitutional provisions word to word.

    We can only comment that it is a clear example of how the powers of a President can go against the franchise of the people, as the President under our Constitution can and seems to have even influenced the legislature (as seen above). It makes one think whether we really have a separation of powers under the Sri Lankan Constitution?

  10. Sri Lanka is under the rule of a Dictator, there is no Law & order, what ever the President wants to do , he does it, the Judges including the Chief Justice is a stooge of the president, he will say whatever the president want him to say , just like the Election commissioner did with the recent presidental election, his life & the life of his whole family was at stake, to save him & his family , he had to do whatever the President wanted, poor guy. I feel sorry for him.

  11. does it matter now. i too agree with rogger. mr will go to the extremeties to retain what he has in his hands. in the first place he stooped as low as a politician can stoop in disregarding all the laws of the land.

    therefore, we don’t see him adhering to any ruling of the sc if the ruling is not to his liking. the only thing for us yakkos to do is grin and bear. lol

  12. No matter what, MR must be SL’s President as long as he can, to develop our mother country, regardles of being a Tamil or a Sinhalese. Traitors are dreaming & that’s the way it is…

    Jayawewa Maharaja.

    Jayaweera Rankothgedara from Whitby. Ontario, Canada.

  13. it is JRJ’s constitution that has been centre of all the terrible crisis Sri Lanka has had to undergo. Everyone once tasting power, wants to cling to it. CBK lied to the Sri Lankan people and wanted to remain in power and only made very bogus feeble attempt to “Reform” it.

    Same goes for previous occupants.

  14. Thanks for interesting comments and analysis. Sorry to say that Sri Lanka’s legal system and Law enforcement are in a La La (nowhere) Land. That’s why the following are possible:

    “Gotabhaya Rajapaksa threatened our leader Somawansa Amarasinghe by telephone. Gotabhaya may be thinking that he could create ‘Gota terror’.”
    http://www.lankatruth.com/index.php?option=com_content&view=article&id=4615:gota-terror-cannot-cow-down-jvp–anura-dissanayake&catid=34:lead-news&Itemid=50

    “To block voting in the North Basil paid 180 million to
    LTTE to buy boats –Tiran Alles makes shocking disclosure”

    http://www.lankaenews.com/English/news.php?id=9006

  15. There is an instance the President did not follow the directives of the SC.Under these circumstances President could have rejected the SC advice if it was not favourable to him.SC has to be a rubber stamp and SC will have no credibility anyway.

  16. “ This Government consists of killers and murderers dressed in white and pretending to be good Buddhists, carrying armful of flowers and circling Bo trees in piety but in reality, they hunt the innocent and kill them while the real rogues, the real killers roam the streets free. This is a dictatorship like that of Idi Amin. People are taken in without any charges and are killed.” Said Secretary of the JVP, Tilvin Silva.

  17. Rogger
    Who ever you are don’t just make alligations. Alligations has to be prove. See what happend to LTTE they made so many alligations international media bought them at the end everything became null and void. This time super allgators (LTTE) and JVP/UNP etc.etc joining together. Who are they speaking to INTERNATIONAL MEDIA because these people has no grounds in Sri Lanka. Come clean and propose a better menifesto to develop Sri Lanka for the next century. We know Mahinda has a very good agenda for the counter. Bring your (JVP/UNP ETC.) counter agenda for the country. Without doing so you guys are just nave will loose in the comming election as well. Dancing to the western tune was already rejected by Sri Lankan people in the previous presidential election. If you guys cannot come forward as humans get lost it would be good for the country.!!

  18. ‘No faith’
    Campain for Free and Fair Elections (CaFFE) Director Rajith Keerthi Tennakoon told BBC Sandeshaya that 90% of the people have no faith in the result.
    He said that a copy of the final tally from every counting station should be made available to the public.
    “It is a public document,” said Director Tennakoon alleging that the EC has not honoured several requests made by CaFFE to obtain them.
    “Agents of the opposition were chased away from several counting stations making the document inaccessible to the opposition” added the CaFFE director.
    .

  19. #9 – Nandagupta wrote:

    ” Also we need to accept the fact SF lost the election. As most of the losers he has many bogus complains.”

    Bogus complaints? Can you tell me which past “losers” had army commandos surround them on election day?

    ” For the first time in the Sri Lanka history we saw the participation of military high ranking officrs in election work. This is a very dangerous and unfortuante situation. ”

    If this isn’t the irony of ironies. Who are you refering to here? The army officers that participated in election work for Rajapakse or the ones that participated for Fonseka? Moreover, this is the first time in Sri Lankan history where one candidate had complete coverage and support from all of the media and state-sponsored organizations while the other had none, a clear violation of election rules as stated by the elections commisioner – another valid complaint by Fonseka.

  20. Whats happening to Srilanka ,
    After crushing the LTTE, then came diaspora ,followed by presidential elections ,where Rajapaksa won a rigged election. This process has caused Tamil diaspora against Singhalese nationalism ,on the other side the divided Muslims. Where will all these end God knows, very scary.

    I cant understand why all communities live as equals in this beautiful country.
    The biggest threat to Srilanka is corruption, then unity.
    If you eliminate these elements ,We could be one of the best countries in the World.
    Let us all pray for peace in Srilanka.

  21. Sri Lanka is terrorized by two Rajapaksa brothers who are USA citizens. There are enough evidence to prove that they are guilty. I hope one day, sooner than later, US authorities bring charges against them. Since war is won, Sri Lanka is much better without two of them. See another example:

    “A group of Army personnel had imprisoned Election Commissioner’s wife and daughter at Water’s Edge on election day”

  22. SO MANY LAWYERS DID ANY ONE OF THEM MADE ANY COMPLAINT ABOUT THESE ALLIGATIONS. SO FAR NO!. EVEN BIG GUY SF IS COMPLAING TO MEDIA ABOUT ELECTION PROBLEM. BUT STILL HE EVEN DIDN’T MAKE ANY COMPLAINT TO POLICE OR WENT TO COURT CHALLANGING THE RESULTS. YOU GUYS ARE JUST MAKING ALLIGATIONS. THESE ARE 1/2 HOUR “PACHA” (LIES) LIKE I SAID STOP MAKING ANOTHER “PACHA ELECTION” BRING YOUR MANIFESTO IF YOU HAVE ANY? AND FIGHT THE ELECTION LIKE HUMANS.

  23. I think SC had problem in giving judgement (Or advice) against president at this time because he got over whelming victory in the election. Even if these points raised in SC at this time, I don’t think they will consider it now. The Judges who favor these points will have to look after themselves over the next 6 years. But if you raise these points in courts in 5 years time, there is a good chance of getting a favorable decision because MRs popularity will be low by that time and everybody will expect a change of leadership. So best thing is to save these points to fight in another day . Whenever you raise these at courts, you can only short MRs second term by 10 months. So no point of raising it now and wait until correct time.

  24. Oi Dbs
    O k why dont you write some thing why Tamils lost their genuine griveances, and sinhala barbarism won unbeleiveably?

  25. MR would have preferred to take oaths during the independence celebrations for two reasons.

    1. Strengthen his hand by taking oaths against the backdrop of electoral fraud allegations.

    2. Be the first Prsident to take oaths on independence day.

    However the SC took the path of caution and forestalled this. So there is still some hope.

  26. If by any chance the election had to be held again, due to this issue Mahinda’s majority will exceed by another million.

  27. People have given a clear mandate to incumbent for the second term.

    After having my full doze of Fonseka biased news for months, I managed to escape to my home town Ratnapura for the summer holidays just three weeks prior to the Elections. Oh boy.. I couldn’t find 3 people who would support Fonseka in the Ratnapura town.

    Then I soon realized what you read on the web is completely different to the ground reality out of Colombo.

    Majority of the people clearly have faith in Mahinda and not Fonseka. Give this man a chance.

    He’s now the president of all Sri Lankans.

  28. Hey Lawrence of Arabia (sorry) Australia

    Who you trying to kid man?
    Everybody’s wrong cos you spent 3 weeks in R’pura?

    If Ratnapura was totally for Mahinda then cn you explain how votes for Sarath Fonseka were found ditched in half – burnt condition?

    Who knows you may be responsible.

    Did Mahinda pay for your trip?

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  30. #23-kusal

    “A group of Army personnel had imprisoned Election Commissioner’s wife and daughter at Water’s Edge on election day”
    ———————————————————————————
    From where did you get this information. Have you got any evidence? Sri lanka is ranked no 1 in the world for rumours.
    So have to be careful before believing anything.

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  32. I think Most of the Bloggers are so upset about MR’s win and also envy about his family and brothers, Has MR done some harm to you personaly, has he killed any of your relatives, has he robbed your properties. I think Sri Lanka has strong laws, but the practising is the problem. But see Australia, USA, UK same issue, In AU indians are bashed, but police or politicians dont do any thing, In US go near the Mexico border, Texas, Virginia, Alabama no law at all, street violance, police has taken law to their hand, UK also same police doesnt do any thing. People who think Sri Lanka has no law it is the living hell, pls look at thes countries also they also have lot of crimes, corrupt politicians

  33. there are instances the executive was dominanat the judiciary in concerned with Sri lankan adminstration in the past as well as at present.some of the very important dicisions of judiciary has been ignored .for example the order givern by the supreme court with reference to the reductioon fo the prices of petrrol.was not executed b the present government.therefore theere is a enomous doubt wether the disicions of court will be adhered by the president using his executive powers

  34. Even the president of the United States appoints his own people to the supreme court.The CJ post specially goes to a close ally. I am surprised that the posters here are not aware of this well known fact.

    Srilankan president has scored a convincing victoryover a mediocre challenger who was just a “boy” sent on a man’s mission by a bunch of no hope pollies..He is still acting as a boy.

    Srilankan judges are well recognised for their legal skills.The President himself being a lawyer and backed up by skilled attorneys , I am sure are up to any legal challenges even if the disgruntled ex CJ becomes the legal consul for the weepers.

    Fonseka should take his bat and go home.Ranil and Sampathan seem to have left the coop. As for the rest move on.

    Rajapaksa is in for the long haul and either you shape up or ship out.

  35. my advice to that section of the LTTE supporting tamil diaspora is please, either work with all the people of sri-lanka (by this i mean the sinhala, tamil, muslims, malays, burghers who live in sri-lanka and call it thier home) to make that country peaceful and prosperous or

  36. Excellent forum even if it is ulikely change anything. There is however something I fail to understand. If the previous CJ appointed properly in terms of the 17th amendment delivered a judgement does it not constitute a precedent? Does it not supersede the so called ‘advisory’ splecfically reiterated as ‘not a judgement?

    No matter what people are aware of what really happened and what is really happening. But, democratically how can they respond? Is this a prelude to another civil confrontation? Terrible.

    Notwithstanding the truth or what the opposition perceives as the truth, the reality is that MR is here on the throne. If he delivers then there should not be any problem. Everybody, barring those who lost bearing some grudge and licking the woulds, should be satisfied for the sake of the country. Ironically, what is is happening on the ground at present seems to indicate the contrary. Witch-hunting is not the way to enlist cooperation of the opponents.

    If MR makes a few moves in the direction of:

    1. appointing the constitutional council and implement the provisions of the 17th amendment;

    3. apply the rule of law equally to every one;

    4. root out corruption and misue of govt. properties;

    5. bring to book those who who have been accused of misappropriation, murder and mayhem and had been hiding with the protection of portfolios;

    Every sensible citizen should rally round him and build up this country towards an unprecended prosperity.

  37. No matter what we are gonna be proud as we made Rajapaksa’s as the most richest persons in the world .we will starve and pay taxes they will enjoy their Aston Martins , and the Champagne and Caviar !! whats the point of talking , very soon the whole srilanka will be in queues to buy things like Srimavo Bandaranaikes time .Good for us this is what we needed and this is what we will get from Parakramabahu and his deputy Dutu Gamunu the best qualified Dr.proffesor Mervin Silva.
    May Trivida gods Bless Mahinda , Gota and specially Basil .(I love this guy a lot )

  38. Comment 38

    Supreme court judges are nominated by the US President and confirmed with the advice and consent of the Senate.

  39. As most of the above had said, this is rather of academic interest now, the ruling family would do everything possible to hang on in. the AJ and CJ and most of their team are no longer independent nor of any considerable integrity by the leanest of standards. The rot started with JRJ and the SC judges houses being stoned- prior to the constitutional change.

    I heard JRJ’s grandson and one of DS’s apparent off-spring come fwd. in the recent run up to the election, to sing of MR’s praises – purely ‘cos they were disgruntled with ranil’s leadership. Ironic they dont see the mass-scale cock up’s done by their claims-to-fame. The least they could do is keep their traps shut.

  40. Even if the SC and all legal experts conclude Mahinda cannot legally hold office, he will still say “Up yours” and no one will be able to do anything about it. Even if Mahinda and his family decides he should be appointed the life-time president with ten times as much power and also that the parliament be shut for good, we still will not be able to do anything about it. There is no law and order at all under Mahinda’s Sri Lanka and as very correcly observed by others this is purely an academic excercise for mental stimulation. Whatever’s discussed here and whatever’s decided by the courts, the nepotistic dictator will rule the country as long as he thinks fit, by whatever means he thinks fit.

  41. # 35. Sri Lankan

    Are you supporter of the LTTE? or the Srilankan govt?
    both have been accused with crime records.
    why do you support those who are accused with crime?

  42. Dear readers please stop blaming GOSL or anyone.

    People gets what they deserved.

    Change yourself first.

    Then country will change effortlessly.

    Living in forgien country and talking about others welfare.

    Anyone of you think about: i have to help my fellow poor country men.stop critisising srilankas law and order.Do someting good with pure heart.

    Keyboard patriots. he he he.

  43. The purpose of democracy — supplanting old belief in the necessary absoluteness of establish’d dynastic rulership, temporal, ecclesiastical, and scholastic, as furnishing the only security against chaos, crime, and ignorance — is, through many transmigrations, and amid endless ridicules, arguments, and ostensible failures, to illustrate, at all hazards, this doctrine or theory that man, properly train’d in sanest, highest freedom, may and must become a law, and series of laws, unto himself, surrounding and providing for, not only his own personal control, but all his relations to other individuals, and to the State; and that, while other theories, as in the past histories of nations, have proved wise enough, and indispensable perhaps for their conditions, this, as matters now stand in our civilized world, is the only scheme worth working from, as warranting results like those of Nature’s laws, reliable, when once establish’d, to carry on themselves.
    -WALT WHITMAN

  44. On Feb 10th MR his voice choking with emotion will state that he is no longer able to serve the country as the president, due to the constitution not permitting him to.

    Can someone clarify when that happens what is the next step.

  45. Why are we wasting our time on hypothetical ?

    Presidency was signed and delivered to Rajapaksa for another 6 years at least.So get over it guys and girls.

    Jeyaraj must open up a debate on development of Srilanka ,especially the North and the East and its relevance to the upcoming election.

    The focus now should be on the Parliamentary elections if the opposition is serious about being a challenger to the President. What I can see from the infighting among the coalition of the willing, Ranil does not want anything to do with Fonseka or Somawansa which is totally understandable.

    He wants to project himself as the undisputed UNP leader again although he abandoned the revered Green Elephant for self expediency.Politically savvy UNPers, I thought may realize his trickery, but then again the way the UNP supporters carry on indicates to me that they are even willing to believe that the Earth is flat if Fonseka or Ranil says so.

    JVP or Mangala won’t be welcome in their traditional homelands for sure.Only hope for them is to get a nomination for a seat in Colombo through Ranil.

    Ranil being the ruthless and shifty leader he is , I doubt whether he will oblige now that these characters have no appeal to the Sinhala rural voters.

    700,000 registered voters in the North did not buy the false promises of Fonseka and Sampathan and Ranil, even after they were screaming in unison. Doesn’t that say something about the expectations of these long suffering people?

    As the poster # 48 says the President must be wetting his pants thinking that he will become a plain Rajapaksa on the 11 Feb.

    Even Fonseka the dragon slayer’s latest utterance that Mahinda is still scared of him, is a good pointer to the Presidents current state.May be this is the reason for his planned visit to Russia to seek asylum.

  46. Its really no point trying to figure if the highest point in the
    judiciary CAN make a ruling or opinion in these matters. So much of the past judgments have been so contreversal ex. Lanka Marine, Insurance Corp, Waters Edge, One way Roads, Removing security blocks, No speed regulations, Bus drivers uniforms. not to mention several orders against individuals.

    So for all those who say lets go by the Supreme Court decisions – lets do for the sake of the country –
    But is it justice?

  47. OK, leaving the now past presidential election behind and looking forward to the upcoming parliamentary elections, one can see RW’s and UNP’s quandary. Who are they going to put forward as their leader? Ranil, even though he thinks that he has a birth right to lead this country, will be massacred in a parliamentary election. He can claim that he got 49% in 2005 compared to 40% to SF in 2010, but the fact is he knows very well that if he ran for the presidential election this time, he would not have got even 20% of the vote. But he will not give up the party leadership under any circumstance, so he will keep on thinking up schemes where by he is retained as the party leader while the rank and file will desert him in droves.

    The manner in which MR won in the southern electorates, tells one that JVP carders do not even listen to their leaders. Their’s is an outdated ideology, fit for the 19th century and certainly not for the 21st century that we live in. Their only hold was to keep on scaring the Sinhalese voters of the so called Tamil/Indian threat and that is no longer valid – LTTE no more and China has equal or more influence in Sri Lanka these days, so voters will not buy the JVP arguments that easily.

    All of these indicate that MR is going to win big again. Only thing that has to happen is for Chandrika to open her mouth and say that she is not supporting the president or the party and MR/SLFP will sleep walk into a victory.

    Is there any role for SF to play in all of this. Not really. He has no party of his own behind him, even if he forms one, he has to find suitable candidates to run. Where is he going to find these? Issue an order for the Singha regiment officers to retire from the army and run in various ridings?

    On a slightly different note, DBS, this story of Sarath Fonseka’s 400 irregulars at the Cinnamon Lakeside on the election day simply will not go away. All kinds of stories are flying around in Colombo about this. Now you have some amazing contacts through out Sri Lanka on every level and in every community. What do you make out of this? Do you think this story was just a figment of imagination on the part of Rajapaksha family or that there was something behind all of this.

  48. Ref comment # 51,the evidence clearly point t o a coup planned by Fonseka and his cohorts. The statements that Fonseka made during the latter part of the campaign ,with respect to the serving army officers who were promoted recently sums it all.

    Seventy odd Army deserters and retired Officers staying in the vicinity of the Air Force ,Amy head quarters and a stone’s throw away from the Temple trees and the President’s House are all not coincidental

    .Disconnecting the security cameras, booking the rooms under false names do not auger well if the the hotel booking was for a grand ball to celebrate the victory.

    With the hero status Fonseka enjoyed in the Army, and the number of high ranking officers who have been dismissed or retired who were helping Fonseka it would have been a cake walk to muster enough soldiers to ring the city center in a short time.

    Then the cache of arms in the UNP temple.The suspicious action list goes on and on.

    The margin of the result was the spoiler.Had the winning margin was say around one percent the situation today would have been different

    Peace loving Srilankans must be ever greatful to the the poor rural folk who help avoid a Military coup that would have annihilated the Rajapaksa family and their supporters, civilians as well as military personnel.

  49. Having read all the comments above the helplessness feeling felt by the majority is the real tragedy in SL politics, thanks to non other than the wily old fox JRJ.
    In a way, as explained in Buddhism, this I beleive is Ditta Dhamma Vedaneeya Karma acting on UNP… or in scientific terms, ‘there is a reaction to every action in the opposite direction’. JRJ and the UNP destroyed all the good values from SL society during 1977 – 1994 (17 years). SLFP has now ruled the country for 13 years (Remember Ranil’s 2 years in between during CBK’s presidency showed how vulnerable this execuutive presidency if the parliament is from the opposition). Therefore, the reaction will go on for at least another 4 years. This is the truth however biteer it is!

  50. Comment 31 This is the third Sarath besisides the two high profile ones, who chants the same old worn out matra against Rajapaksa.

    8 Million good citizens did not believe them , So who cares.

  51. re comment 6,

    Gosh, can someone teach this so called Sri Lankan lawyer some basic grade 3 english as he continues to masquerade as an attorney and delivering opinions !! Is this the calibre of Sri lankan lawyers ? Where is the country heading? What happend to the likes of Percy Colin Thome, GG et al

  52. Srilanka is an Illegal state since 1972. In any case it has never been ruled by rule of law since. It has been ruled by thugs ,goons, murderars, rapistes Sex offenders, black mailers,etc.You can see all evidence in the hansard . All the elections were riged or violated by various cunning ways . Even IC ,UN are unable to do anything other thal here and there relesing some strile reports.That is what has give even Gotabaya such powers to out burst at UN and IC in an Interview to BBC. What a shame to Srilanka. Tamils have to

    Referring to Gotabhaya Rajapakse’s interview to the BBC Tuesday where Mr Rajapakse said that he would not allow any war crimes investigation in Sri Lanka, Professor Francis Boyle, an expert in International Law and a professor of Law at the University of Illinois College of Law said, “Defense Secretary Rajapaksa has now publicly and definitively ruled out any investigation of war crimes by the Government of Sri Lanka. And he is a government official acting within the scope of his official duties so that his statement binds the State of Sri Lanka under international law. Hence the basic requirement of international law mandating “complementarity” has been satisfied.

  53. When a gun on your head and your family…You will say anything. Its being done to me in the past. EC is not exceptional.The Problem with SL officials are they say something now , deny it afterwords or Some other idiot will withdaw.SF too did the same thing MR is doing it every minute

  54. In the recent interview with BBC , the great GR had unknowingly accepted the war crimes & have boasted no one has the right to investigate. Similar to his thuggery arrest of Vidyatharan and labeling him as ” blood in his hands “. How long he can boast his adamant remarks.We al lknow the hague is waiting for him.but how long ? Months ? Years ?. I was boasting to my better half that I did not get any traffic violation tickets.Within a minute I got one

  55. 58. bob :- If MR, GR etc are all war criminals, what about the LTTE supporters, the majority of Tamils and people like Radahkumar and Adel Balasingham? What are they?

    I think in your anger against the Sinhala establishment, which is understandable, you are forgetting to look at matters in larger context. Simply if you are living in the luxury of the west like me, then we are living with the greatest war criminals in the living history and we shall not utter a word because our arse will get kicked.

    In 1945 the assault on Okinawa, an island 350km from Japanese mainland took place. The US lost 13,000 serviceman and even little Jap children fought to death. US thought, to invade Japan would therefore be much more ferocious fight and incur huge casualties. Therefore, US used the atom bomb on 2 cities which were not subject to allied bombing to show Japanese the ferocity of destruction & to kill amass so Japan will agree to surrender to prevent any more US deaths!!
    Undoubtedly, according to the international law, dropping bombs on Japan was a war crime pure and simple—the Geneva and Hague convention forbid the deliberate targeting of civilians in order to put pressure on a government. US was supported by UK,AU and all the other allied countries. How many leaders of these countries were hauled up for war crimes even after killing or maiming nearly 2 million Japanese civilians? They were considered hero’s just like our current MR! History always repeats itself.

  56. 59. Don,
    Your are talking of the symptoms LTTE and the armed conflict started by Tamils were the result of years of army and sinhala thugs unleshed by the state on un armed Tamils. Without responding to the years of democratic and non violent protest by Tamils by lisining to them and addresing their grievances what youre state has done to them and pushed them to the wall. By increased discrimination and violence against unarmed Tamils let to this.

    Still you have not learned your mistakes and trying to put the blame on others. At least Tamil Tigers learned their mistake and expresed that they have silenced their Guns.
    But what are your state and Your are doing about it. If You don’t respond positively Yes the histry will repeat itslf. But to whoes benifit?

  57. 60. pandaravanian

    Great comments to Don

    Singala thugs & Buddhist monks who leads the thugs to burn down churches are above the law in SL

  58. #59 Well said Don. Just to add to that, you don’t have to go back to WWII to find such incidences. What about Obama, who has authorized attacks on Pakistani civilian targets using un-manned drones to kill Taliban and Al Queda leaders. Is he a war criminal too?

    During the Bosnian war, US Air Force bombed civilian targets in Serbia for 90 days. Is Clinton a war criminal?

    The Tamil Diaspora thinks that because the ground leadership of the LTTE was wiped out, they can very easily say that, perpetrators the crimes committed by the LTTE are dead, so action can be taken against the LTTE. Not really, there are videos of Adele Balasingham presenting “passing out” certificates which included cyanide capsules to teenage Tamil girls who were going to perform suicide bombings. Now why is she living very comfortably in England? Why is that Amnesty International and HRW do not go after the remnants of the LTTE leadership who are living in Western countries? Any what is Hague doing about these?

  59. #62-Ranjan Toronto

    What about Obama, who has authorized attacks on Pakistani civilian targets using un-manned drones to kill Taliban and Al Queda leaders. Is he a war criminal too?

    During the Bosnian war, US Air Force bombed civilian targets in Serbia for 90 days. Is Clinton a war criminal?
    ————————————————————————
    Bin laden and his mob are supposed to be in Pakistan. Pakistan is not going to let the US send in its troops and is not chasing out BinLaden out of there. So what can Obama do? He has to order these strikes. I think they have been sucessful in getting some prominent leaders.

    As for me if i was Obama I would order a full scale assault on that Pakistani region of Waziristan with ground troops and air power. All the taliban in Afghanistan will run back to Pakistan to save their leaders.

    My way of looking at it is if you allow your territory to be used for harbouring terrorists, then you can’t blame the US for attacking them. It is not an attack on Pakistan, but on the AlQueda.

    As for Serbia, the US did not bomb civilians. They bombed Milosovic’s house and he escaped death by a whisker. He was thougrally shaken by the experience and capitulated by stopping his ethnic cleansing stunts. The US also bombed infrastucture like bridges, power stations etc. From what i remember there were minimal civilian casualties.

    As for Don’s comment on the japanese nuke, i’am wondering whether the same result could not have been achieved if they had bombed tokyo a bit, like what they did to Berlin. A few bombs on Hirohito’s palace would have given the message to him. The fact that they went for a nuke strike without first seeing whether conventional bombing will work, was a shameful act. When someone next uses the nuclear bomb, they can always say they were not the first to do so. Harry Trueman’s action was a very irresponsible one. I’am quite sure that the great man Roosevelt, who conducted most of the war before he died, would not have made that decision.

  60. Hi Don & R from Toronto

    Thanks for your comments. for arguments sake we are not discusssing small or little crimes that goes along in every community. Even I got bashed by white hooligans not at any English football game- that happened too. If you loook at Ice Hockey – no one would watch live or on tv when their is no fight. The point here is who is holding an important office claimimg they can do whatever they like to do and no one can interefere. There is a nice verse from an old MGR song ( clapped by sihalese too ) ” Thapppu enbathu thavari seyyvathu , thavaru enbathu therrinthu seyvathu” meaning doing a mistake without your limits and doing a big mastake knowingly that you do

    The second phrase comes :” Thappu seythavan thirunthi vaalaalm , Thavaru seythavan varunthi aaganum ” meaning who did the basic mistake can reforom his /here mistake but who perportaed / knowingly doing mistake had to suffer – Thanks to Kannadasan for his message

    GR adamantly accepting the fact that his ( not SF ) force s did commmit crime against humanity and no one has the right to question. This shows his foolishnes on talking to big Medias. He does not have the guts to talk in ———-What is that rupavahini!!!!!!!!!!!!!!

    My grandfather to me faced the Singala Buddhist thuggery in Kekirawa from the 50s. They are all gone . leaving me to post this comment
    Ayu bowan
    Sayonara
    very soon we have to find a word equivalent to Chinoo

    BTW – no secret we are not buying any raw materials from china- The furniture Mfg Association has notified us
    Thanks mahinda for showing us the EELAM map after the election results. Meaning that exits.

  61. R from T
    why are you bringinging Taliban & whatever the other organizations.We are discussing SL & their administrative personals. Please dont compare apple t Oranges- the usual NA phrase. Only your SL idiots are asking for proff.We got all satelite pics of on crimes against humanity.If GR – puksaya can boast .. We re not dog clsss devananda to wipe hiss….you konow what i mean.. Very soon there wil not not be any business for Toilet paper

  62. B0b:
    Why are you applying the definition of war crimes so selectively just to the people and circumstances that suits your agenda? If the world is hell bent on censuring GOSL for anything, they better apply the standards to everyone and every country. You went on and on a out how MR is a criminal, apply the same standards, Obama, Clinton, Blair and Putin are all in that same category.

    I am no fan of Rajapaksha family, but at the moment, MR is the only one we have got and that is not saying too much either. SF is foul mouthed ego maniac. RW is a serial loser, who will yell “how high?” each time a Western power or an INGO yells “jump”. , JVP is a joke… so I hope you get my drift here…

  63. ,60. pandaravanian,
    well said these Rajan from Tronto and Don wishes to bury the atrocities the Sinhala buddhist supremacistes and Buddhist monks. have done pre 1970s and high light only the atrocities caused by the armed conflict even if you take arm conflict alone it was an asymetric war Sl army can bomb civilians in North and east from the air that is not terrarism but if armed militants plants a bomb in Colombo it is terrorism. In an ASYMETRICAL liberation war The none state entity canot be prosecuted by any IC.

  64. In Srilanka people are first arrested and locked up indefinitely and then you start searching for evidence to charge them with. Here is an interesting snippet from an article

    “A senior Sri Lankan military official confirmed the coup investigation was progressing and that General Fonseka could face a court martial trial.

    “We are inquiring into all the activities of General Fonseka, before and after the election. We are looking for evidence and once we have evidence we will take legal action. “

  65. War hero was arrested.
    He was dragged by the Military Police kicking and screaming. What a way to treat a war hero. Just as well all this is happening after the LTTE was eliminated. Otherwise God help Sri Lanka.

  66. 67. panamkottai
    If you think you can hide behind words like “asymmetrical war” and “non state entity” and commit barbaric acts, think again may friend, think again.

  67. Fonseka got his mouth into gear brfore the brain if he had any.

    Instead of dignified retirement, he wanted to make his son in law rich at the expense of the armed forces and stick it up to the commander in chief who gave him opportunity to become the hero
    Again , instead of behaving like a descent candidate he started ratting on his own officers wh o put their lives on the line to make him the big hero with a bigger ego.

    He thought he was invincible. To organize the army deserters to e ex military officers to carry out a coup in not

  68. Fonseka got his mouth into gear before the brain if he had any.

    Instead of a dignified retirement, he wanted to make his son in law rich, at the expense of the armed forces and stick it up to the commander in chief, who gave him opportunity to become the hero

    Again , instead of behaving like a descent candidate who would outline plans to move the country forward, he started ratting on his own officers who put their lives on the line to make him the big hero with a bigger ego.His public speak was more a reflection of a thug rather than a statesman.

    He thought he was invincible. To organize the army deserters and ex military officers to carry out a coup in not a joke.If succeeded it would have been a bloody battle between the armed forces involving all four military and police forces, with unthinkable loss of human lives..

    European ,British ,and Canadian Government agents and their stooge Ranil , who are hell bent on destroying the Rajapaksa regime used Fonseka as a pawn.

    When the shit hit the fan .the chief opposition whip Ranil, was not there to support Fonseka.

    In light of the threats he made to good officers in uniform at public meetings.. I am surprised they only dragged him away.

    The first phase of the Foreign, Ranil and Diaspora agenda was the presidential electon, which deliverd then a terrible blow, although Ranil came up trumps to lead the UNP again at the next election.

    The second phase which is the coup also backfired badly with the plotters now behind bars.

    The third phase ie to persuade Fonseka to give evedence to a UN trial on the war, is also backfiring, with the arrest of the coup leader,Sorry the not so smart coup leader.

    It is interesting to see what the next phase would be, besides economic sanctions.

  69. 60. pandaravanian:- Mate, Tamils are 20% of the population. 65% of them live in Sinhalese areas. Why? The poorest Tamils are tea estate one’s and have you heard Tamil leaders talking about their plight? How do I know? because I have lived in SL with all the races & in their strong holds. Do you know why Tamil terrorism started in Jaffna where the most affluent Tamil’s live? By right it should have stared in the estate sector? Do you know there are thousands of Sinhalese poor whose standard of living is very much under the Tamils of Jaffna?
    I got many many Tamil friends who live in SL and outside, running very successful business in SL and how can they be oppressed? Do you know that the average Sinhalese including myself who were in Colombo in 1983 riots tried to protect them from the political goonda’s who were responsible? Do you know that there is absolutely no quarrel between average Tamil and Sinhalese as I found out when living in Colombo? Then what is the issue? Issue is Tamil politicians who started the separatist racket to keep them in business. See for example the jokers in Tamil Nadu supporting the SL Tamils. Are they genuine?

    You cannot justify the murderous acts of LTTE by saying it is a reaction to Sinhala behavior. If so why did they kill other Tamils like Ranjani Thenaragama? The issue was Jaffna effluent Tamils wanted a greater part of the cake and thought supporting murderous LTTE will attain their dream. Now that dream has collapsed because MR GR were equally good murderers and LTTE murderers met their match. History has shown that terrorism can only be put down by extreme force and violence because that is what these people understand. Unfortunately I don’t believe in this philosophy but I just cannot see a better solution.
    Even now, the Tamil’s have a chance of reconciliation but TNA opposing MR to extract revenge again let the Tamils down. If the Tamil’s play behind the back game with MR, they are doomed and I only hope they use their brain. Always I believe other man reacts to what we do. The future of the Tamil’s is in their hands. It will prosper if they play their cards well or go down the gurgler if they don’t. I wish all POOR people in SL that they get a better life not necessarily one particular race. May the good lord look after you. Don George

  70. 70. Ranjan from Toronto ,
    Do you think you can do barbaric crimes against a people / Nation if you are a President of Srilanka and get away with it. Now MR,Gota, SF partners in crime are fighting each other and all their mis deeds are coming out.

  71. Hi , Ranjan go on prosecute the Tamil civilian for the ‘barbaric’ acts of Ltte .Have you called for the prosecution of the Sinhala thugs and Buddhist Monks who had done the barbaric acts to un armed Tamil civilians since 1956 on wards ? Even your pal Mahinda has told the world he has wiped out the Ltte and even he has not prosecuted even a single Ltte carder in His own Srilankan Kangaroo court with his choosen Chief justice inplace. But he has arrested his Ex army chief and partner in crime who has won his war and threatening to prosecute him. Go on support him and get ascimilated by him even you can become his relative. long lost cousin?? uncle?nephew? why not change your name too? to sound like Sinhala.

    We Tamil nation tirelessly, fearlessly and openly point out to those who speak to us about a creating a multi ethnic Sri Lanka that the conflict continues not because of the LTTE , LTTE sympathisers or diaspora but because a Sinhala Buddhist nation seeks to masquerade as a ‘multi ethnic’ ‘Sri Lankan civic nation’, with a Sinhala Lion Flag, with as yet unrepealed Sinhala Only Act, with Buddhism as the State religion, and with an occupying Sinhala army in the Tamil homeland – a Sinhala army of occupation which was first sent to the Tamil homeland in 1961, long years before the demand for an indedependent Tamil Eelam in 1975.
    Truth and justice is a PREREQUISITE to peace

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