SC determination on MR’s third term only an advisory opinion, not a court ruling - Sarath Silva

 

Wednesday, 12 November 2014 

Former Chief Justice Sarath N. Silva says the Supreme Court determination on President Mahinda Rajapaksa’s eligibility to contest for a third term in office is not an actual court ruling but an advisory opinion.

Silva told Lanka Herald that instead of referring to judges, the Leader of the House should have made a direct statement regarding the President’s move to contest for a third term.

Leader of the House, Minister Nimal Siripala de Silva informed parliament that the Supreme Court has handed over a unanimous decision stating that there were no legal impediments to prevent President Rajapaksa from contesting for a third term.

Silva said, “Why do we take a long time to issue a judgement? Why are we battling with legal arguments by forming facts and presenting evidence? That is how a normal Court decision is given. But according to the way things are happening now, judges will be able to give away their decision by solving the case within a day. So it is clear what is going on by making the law a cheap device.

In 1802 The Supreme Court was situated at the same spot where the Temple Trees mansion is now situated. Those days there was a torture chamber used by the British to punish the locals near that place. And since the judges objected to stay there the Supreme Court had to be shifted to a new building at Hulftsdorp. Now after 200 years, President Rajapaksa has been able to bring the Court back to his house.”

Answering the query on the next steps he would take with regard to the legal argument presented by him under the title “Mahinda can’t contest for a third time,” the former chief justice said, he knew from the beginning that President Rajapaksa is not going to act according to a fair decision.

“That is why we took it before the general public before it happens. We asked him why he wants to retain his power by manipulating the law when he has the opportunity to stay in power for two more years if he wishes under the correct law. The power of the judiciary means the power of the people laid down by the Constitution. Hence it is the general public who should take the decision now. We would continue to raise the awareness of the public regarding the matter.”

- Dhammika Priyadarshana