Friday, November 2, 2018

Reduction of RW’s security detail

By C. A. Chandraprema-October 31, 2018

In the middle of the sensational events of the past few days, the sacking of one prime minister and the appointment of another, the multiple press conferences being held by the rival camps, the shooting incident at the Ceylon Petroleum Corporation, the petroleum strike, and the crossovers and counter crossovers taking place, one event that went almost unnoticed was the reduction of the former prime minister Ranil Wickremesinghe’s (RW) security detail from around 1,000 to just ten. If this was a temporary tactic to get the squatters in Temple Trees out, then it is quite understandable. However, if it is a permanent reduction, then that means that the alleged assignation plot affair has gone much further than anyone imagined and that the President has heard something that we have not heard.

What is important here is not our gut feelings or opinions, but what kind of tape recordings President Maithripala Sirisena has been listening to. It is true that the UNP went to extremes to keep the Rajapaksas out of politics by bringing in the constitutional provision that dual citizens would not be allowed to contest elections. That was brought in specifically to keep Gotabhaya and Basil Rajapaksa out of politics. Then they restored the provision that anyone who has held the position of President for two terms cannot contest again to in order to keep Mahinda Rajapaksa out. Then they increased the age limit to contest a presidential election in order to keep Namal Rajapaksa out.

Though RW would resort to such legalistic dirty tricks to keep out the competition, I do not think he would resort to the physical elimination of anyone to achieve that objective. There however are two complicating factors, in this drama - the first is the other politician whose name is being mentioned as having been involved in the assassination plot. Both Maithripala Sirisena and Ranil wickremesinghe (and all of us to boot), would not put anything beyond that Minister.

Immediately, after Lasantha Wickremetunga’s brutal murder, the then Opposition leader Ranil Wickremesinghe in fact accused that particular gentleman of being behind the killing. After the yahapalana government came into power there was absolutely no investigation as to who actually was behind the killing of Lasantha. That government dared not investigate the killing for fear that the investigation will end up exposing one of their own. The so-called investigations that appeared from time to time especially at election time was just eyewash. The most recent hullabaloo with the remanding of retired DIG Prasanna Nanayakkara was an investigation into what happened to Lasantha’s notebook –– not into his murder. The CID brought a retired DIG to courts and presented him to the Magistrate as the ‘maha molakaru’ (mastermind) behind the disappearance of Lasantha’s notebook on which the latter is supposed to have written the numbers of the motorcycles that were following him.

After a while, photocopies of the said notebook were recovered and it was discovered not unsurprisingly that the numbers were false. There ended the purported investigation into Lasantha’s murder. The yahapalana government never really investigated it for fear that the person responsible would emerge from their side. The alleged involvement of this tempestuous character who everybody thinks is responsible for Lasantha’s death, in the alleged plot to assassinate MS and GR was one major complicating factor. The second and even more important issue is that the voice in the tapes made public by Namal Kumara, which can be heard clearly plotting to assassinate Maithripala Sirisena and Gotabhaya Rajapaksa with the involvement of underworld king pin Makandure Madush is that of the arrested DIG Nalaka Silva. Members of the journalistic community who know Nalaka Silva confirm that it was indeed his voice in the tape recordings. The whole country heard those tapes being played over the TV news bulletins. For a DIG of the Terrorism Investigation Division to be heard plotting the assassination of the President and former Defence Secretary of the country was quite unusual to say the least.

UNP’s inexplicable nonchalance

The government should at least have shown some curiosity in this matter. But what we saw instead from the UNP side was an attempt to make light of the whole matter and even to defend Nalaka Silva. The first to come to the latter’s defence was the IGP who said that the tape was not authentic. Then government spokesmen began to strenuously argue before the media that none of the tapes examined and confirmed by the Government Analyst as authentic had any discussions that related to any murder plot. That claim was being made in circumstances where the whole country had heard an assassination plot being discussed in a recorded conversation. This was a government that arrested and kept former DIG Anura Senanayake in jail for more than a year without any charge. Senanayake was later to say that the government was trying to obtain a statement from him implicating the Rajapaksas in the Thajudeen murder and they were keeping him behind bars until he broke.

He is out on bail now, and no charges have still been framed against him. Former DIG Prasanna Nanayakkara was arrested and kept in remand on the allegation that he had destroyed Lasantha’s notebook. President Maithripala Sirisena himself had to summon a special Cabinet meeting to prevent the CID from arresting the serving Chief of Defence Staff Admiral Ravi Wijegunaratne the highest ranking serving military officer in the country on the allegation that he had given a Naval officer wanted in connection with a criminal investigation money to flee the country. This in a situation where the suspect concerned had clearly stated that he had not been given money by anybody and that he had used the money he had got as back wages to leave the country legally, through the Katunayake airport. So this is a government that arrested and jailed people at the drop of a hat. In such circumstances, the question would naturally have arisen in Maithripala Sirisena’s mind as to why the IGP and the entire government was going out of its way in this manner to avoid arresting Nalaka Silva.

If Maithripala Sirisena has freaked out over this talk of an assassination plot, the UNP has only itself to blame. There was a clearly visible reluctance on the part of the UNP government even to record a statement from Nalaka Silva. Ultimately he was summoned to the CID only due to pressure from the public. When the CID recorded statements from him, he was always allowed to go back home. The public watched Nalaka Silva’s comings and goings to the CID with stupefaction because under the yahapalana government, it was so unusual for anybody who went to the CID to return home without being trundled off to remand prison. You cannot say that Sirisena is making up stories that will not even be believed by ‘punchi lamai’ (small children).

One of those said to be behind this plot is a person RW himself once accused of being behind the killing of Lasantha. So President Sirisena, being the person targeted in the alleged plot would naturally be concerned. How can things go on as if nothing has happened when the Prime Minister and a Minister in the UNP Cabinet is accused of plotting to kill the President of the country and the former Defence Secretary both of whom were possible contenders for the presidency and there were tape recordings to prove that a plot actually existed? The UNP is now suffering the consequences of their attempt to sweep the assassination plot under the carpet. Having said that it should be stressed that once the former PM is out of Temple Trees, he should be provided with an adequate security detail befitting a former Prime Minister.

The UNP government reduced the security of the former President Mahinda Rajapaksa and former Defence Secretary Gotabhaya Rajapaksa knowing fully well that they had a level of threat that Wickremasinghe never had. The yahapalana government reduced MR’s security following the Galle face rally in 2017 as well. This is why we all had such contempt for the UNP government formed after January 2015. That was a government of scoundrels. However, the new government should not follow that bad example, and President Sirisena, though he may be rattled and justifiably furious at the UNP’s attempt to sweep an assassination plot against himself and the former defence secretary under the carpet, should restore an adequate number of security personnel to RW.

Firepower at Kollupitiya in a Mahabharata-style war against unrighteousness

Friday, 2 November 2018

Protest
Unlike the last three years of Yahapalana governance, when the media was set free to criticise, domestic Sri Lankans could not view over their favourite TV channels the massive, consuming and raging firepower of mass collective that assembled at Kollupitiya.

With short notice and sans any paid attendance whatsoever, nearly 100,000 are said to have gathered and roared there in the precincts of Temple Trees. It was to protest against the unrighteousness or adharma of the coup junta of Sirisena-Mahinda who on the dark night of 26 October had unlawfully pushed out the current Prime Minister, Ranil Wickremesinghe, and replaced the latter with the former President whom 6.2 million voters had kicked out of office – lock, stock and barrel in the year 2015.

That people’s victory was all the more important because it had taken place despite the total and outrageous abuse of incumbent power by Mahinda Rajapaksa and the corrupt brigade that formed his government.

The war of the Mahabharata
What we observed in Kollupitiya was an unmistakable and impressive manifestation of a kind of battle reminiscent of the classic war related in the Mahabharata – one of the most important epics of Hindu India. That war was fought between the Pandavas and Kauravas at Kurukshetra, present day Haryana.

Arjuna was the great Prince of the Pandavas. Bishma was his counterpart from the Kaurava army. Bhishma was Arjuna’s uncle in whose lap he had virtually played as a kid. When it came to a point of attack, Arjuna was overwhelmed by the fact of that blood relationship, withdrew, and went up to God Krishna for advice.

Krishna’s response was to remind Arjuna that this is not a mere war between two sides but a war of righteousness (Pandavas) versus unrighteousness (Kauravas); therefore, he has no choice but to fight for righteousness. The Bhagwadgita relates the conversation between Arjuna and the God.

The war of the Mahabharata illuminates us when reflecting the context of this political conflict. What is now on, isn’t a war between Ranil Wickremesinghe /UNP and the Sirisena-Mahinda junta. It is a Mahabharata style-war of Dharma (righteousness) versus Adharma (unrighteousness.) If Sri Lankans want to live in the future as a free people who decide the way they are to be governed, then they have no option but to join the forces of justice or Dharma.

Junta coup
The unrighteousness of what the cabal did on the night of last Friday 26 October just hits any rational and impartial man in the head. It wasn’t a done thing by any standards of ethical politics. Ethical politics, one may say, isn’t any more operative in Sri Lanka, Paradise, when considering the numerous liars, cheats, robbers, money launderers, murderers, heroin dealers and so on among the politicians or pollies over there today. Yet, there lives on in the public collective consciousness the fundamental principle that defines a civilised nation.

The high-time rogues and black men of the decade-old previous regime were decisively beaten in the elections in 2015 by a nominated common candidate of the other side of the divide. The broad civil movement led by an outraged Venerable monk of high integrity – Rev. Maduluwave Sobitha – decided to come to an agreement with Ranil Wickremesinghe, Leader of the UNP, to back a common candidate.

Sirisena’s name had been proposed by Chandrika Bandaranaike Kumaratunga, former President and leader of the SLFP, Sri Lanka’s other major party. Ranil agreed and the entire apparatus of the Grand Old Party (UNP) spread far and wide was mobilised to put Sirisena in the seat of power. The UNP is Sri Lanka’s largest single party and it has been a most stable outfit for 71years.

Like in a bad fable, the Rajapaksa forces quietly crept into the good books of Sirisena and poisoned the latter who isn’t known very much for his wit but only for his unique capacity for treachery. Maithripala Sirisena loves betrayal. He betrayed thrice in his political career spanning 40 years.

First, he betrayed his former leader and former President Mahinda Rajapaksa; second, he betrayed Ranil Wickremesinghe and his UNP; third, and now, he betrayed the Sri Lanka Constitution with its democratic process embedded therein. Sirisena tried once to oust Wickremesinghe by promoting a no-confidence motion against the latter.

Mahinda went about openly acknowledging that Sirisena had sought his help to oust Ranil. Sirisena, who soon after victory stated that Mahinda would have murdered him and buried him six feet under had the common candidate attempt failed, has by now found common ground with the former President. Your enemy can be your best friend.

Betrayal of the Constitution
And so, on that dreadful night the Sirisena-Mahinda cabal contrived a coup against the provisions of the Constitution. The Constitution clearly states in its 19th Amendment that the President could not, like in the days of Rajapaksa, any longer arbitrarily dismiss the Prime Minister. That required a passage of a motion by Parliament, which if successful, the PM and Government both go out together.

The rationale of the 19th Amendment was to bring the President even partially under the Parliament until the latter office is wholly made nominal with the completion of a new constitution. The abolition of the Executive Presidency was the main election demand in 2015 and so the new Government had to oblige by bringing in halfway legislation that gives effect to that mandate.

19th Amendment as a smart act
Ranil Wickremesinghe’s sense of quick vision was demonstrated when he hurriedly rolled in the 19th Amendment in the heat of the election victory. Sirisena and a Parliamentary two-thirds was in mood to approve the new legislation. It went through. Had that not been done, then Sirisena would have dismissed the Prime Minister and Government many times by now. As things prevail, both President Sirisena and the Joint Opposition of Mahinda are bowled out. Any judicial test of this flagrant violation would, surely, reaffirm our position.

In fact, if Sirisena-Mahinda chose to, they would have referred the matter to the courts before their outrageous act of violation. Surely, they had foolish pundits like the former Law Professor, now widely known as ‘Ugath Modaya’ (learned fool). They didn’t do that because they knew the result beforehand. For the same reason, they didn’t think of taking the issue before Parliament.

Cowardice of an anti-hero
This implies an act of political cowardice. Mahinda Rajapaksa did successfully brainwash the people to the perceptual position that he was a fearless and brave hero. He did this by monopolising the war victory and jailing the blood-stained General on framed-up charges. Since that, he employed mass media to develop the myth of his heroism. Remember the ‘Maharajaneni’ song? The foolish people gulped the myth and it still lives on.

On the other hand, cowardly back-door methods like what’s now on to regain power, cast Mahinda in a very negative light. His heroism isn’t really there when put to the test. The heroic public myth would have expected Mahinda to tell Sirisena that he will opt for elections, fight that, and win back power instead of resorting to this cheap and third rate spiritlessness. Mahinda Rajapaksa is now not a hero but an anti-hero.

Proroguing Parliament unethical
The evident lack of numbers in Parliament for the junta prompted President Sirisena to prorogue Parliament for a long one-month period. Even to the ordinary man in the street it is clear that this is done to overcome the numbers deficiency by bribing MPs from the UNP side to crossover.

It is widely reported that Mahinda Rajapaksa’s rich sibling, Basil, is going round offering portfolios and big money to hungry MPs. Four numbers have already come over, and that includes the former high profile Minister Wijeyadasa Rajapakshe.

Wijeyadasa is not in need of money but a portfolio can help him in his astrologer-inspired desire to be president someday. He spins his way with utterly dishonest arguments justifying what has happened. He did figure in questionable situations in the Avant-Garde episode. Social media is still rife with pictures of his close meetings in the home of the chief suspect. In all these pics, Wijeyadasa appears slithery and slimy. Like most political serpents, this man can get away with a remarkable fluency and deceptive charm of manner.

More ministries will be created to accommodate more political turncoats. A Ministry for sugar again? A Ministry for potatoes? For kerosene? For massage parlours?
(The writer can be reached via sjturaus@optusnet.com.au.)

Maithri & Ranil Responsible For Present Political Chaos

By Latheef Farook –NOVEMBER 2, 2018

Latheef Farook

President Maithripala Sirisena and the Prime Minister Ranil Wickremesinghe, sacked by the president, were solely responsible for plunging the country into constitutional crisis threatening democracy in the midst of political and economic instability.

When the two – Sirisena and Ranil – promised the county, during the 8 January 2015 presidential elections, that they would restore law and order and bring to justice all who plundered the country, committed crimes and virtually destroyed democracy, people trusted them.

Sinhalese, Tamils and Muslims voted them to power with high hope of returning to peace and harmony.

However the two miserably failed to fulfil their promises and have taken the country for a ride.

Instead of punishing, Maithri-Ranil government, protected those who were accused of crime and corruption. Only a month ago Mr. Mangala Samaraweera said that it was Mr. Ranil Wickremasinghe saved Mahinda Rajapaksa from being declared an international criminal. This has been the case for long. They all protected each other while hoodwinking the country

There are numerous issues of Tamils awaiting solution. Muslims who voted for Maithri-Ranil team in the hope of peace and harmony had to face violence from Sinhala racist elements with police and STF accused of involvement.

Thus the minorities in general who pinned their hope on President Sirisena and Mr. Ranil Wickremesinghe feel betrayed and devastated today. Muslims have not forgotten that Mahinda Rajapaksa has the stigma of Beruwala, Dharga Town and Aluthgama attacks on Muslims while under President’s rule they were attacked in Gintota, Ampara, Digana and Akurana .

They are all- Maithri, Mahinda and Ranil-hell bent on protecting their Sinhala vote banks to ensure they remain in power.

While burning issues remained unattended both President Sirisena and Prime Minister Ranil Wickremesinghe began travelling abroad. Prime Minister Ranil Wickremesinghe alone reported to have made 30 trips at a colossal cost. Country’s situation is such that even attending the United Nations Annual General Assembly meetings with an entourage of sycophants was waste of public money as the UN General Assembly has become a talking shop and US-European-Israeli war mongers tool.

On the other hand repeated reports of widespread corruption within the so called Yahapalanaya government eroded the confidence of the people who felt betrayed. This sickening political environment climaxed in the no confidence motion against Prime Minister Ranil Wickremesinghe over bond issue.

People were so fed up that they expected Mr. Wickremesingjhe to resign from politics. However power and perks remain too attractive than moral values besides his US-European-Israeli backers wanted him in power art any cost to facilitate their agenda here.

In the midst the differences between President Sirisena and Prime Minister Wickremesinghe came into open and the loggerhead prevented the country from moving ahead.

While frustration of the people continue to deepen, the government opened its door for all western war mongers turning the island into US, European , Israeli war mongers’ and Indian playground. Since the collapse of former Soviet Union in 1979, under the false pretext of fighting war on terrorism, these countries have bombed and destroyed Muslim countries such Afghanistan, Bosnia, Kosovo, Chechnya, Somalia, Iraq, Libya, Syria and now Yemen. They have killed more than ten million people and driven more than 50 million innocent people to refugee camps while looting their wealth.

They have a common global agenda against Muslims. Under such circumstance the presence of these forces in the island is recipe for disaster as they would certainly use racist mercenaries here against Muslims and create communal tension.

Meanwhile forces hostile to Muslims from India also entered the island and even opened branch office.

For example it is common knowledge that the Bharatiya Janata Party government of Prime Minister Narendra Modi who was accused of committing genocide of Gujarati Muslims in February 2002 and killed more than 2000 Muslims, is one of the deceptive fronts of Hindu fascists Rastriya Swayam Sevak Sangh-RSS. Prime Minister Modi has given open license to persecute, lynch and kill Muslims under the guise of protecting cows.

There were reports of VHP mercenaries opening office in Vavuniya while some Tamil mercenaries went on demonstration in Batticaloa carrying Israeli flags shouting pro-Israeli slogans antagonizing and provoking Muslims. These forces are reported to be cultivating politicians, media, intellectuals and others brain washing them against Muslims.

Israel which was expelled time and again from the island enjoys all facilities. They have made remarkable inroads into many important sectors including Sinhala intellectual society and even produced a book, Sinhala translation, of its killing machine MOSSAD

Tamils reluctant king-makers in Sri Lanka turmoil

Wickremesinghe refuses to accept his dismissal and has remained in the premier’s official residence while both men fight for support in parliament

by Amal Jayasinghe- Nov 2, 2018

( November 2, 2018, Colombo, Sri Lanka Guardian) Sri Lanka’s ethnic Tamil community, scarred by a devastating civil war, could emerge as kingmakers in a power struggle between rival prime ministers — but they have reasons to mistrust both.

President Maithripala Sirisena sacked Ranil Wickremesinghe as prime minister last Friday and named former strongman president Mahinda Rajapakse as his replacement.

Wickremesinghe refuses to accept his dismissal and has remained in the premier’s official residence while both men fight for support in parliament.

The main Tamil party has 16 seats in the 225-member parliament that should decide between Rajapakse, who unleashed the full force of the military on Tamil Tiger fighters, their supporters and civilians a decade ago, and Wickremesinghe, whose foot-dragging on reform has grated.

“We have to choose between the devil and the deep blue sea,” Tamil National Alliance (TNA) legislator Dharmalingam Sithadthan told AFP of the two men, both of whom are members of the majority ethnic Sinhalese community.

Wickremesinghe’s party has 104 members in parliament, while Rajapakse and his allies have 99 — although some members of each camp have switched sides. The 16 Tamil votes will likely play a crucial deciding role.

The prospect of Rajapakse returning to power worries Tamils concentrated in the north and east of the country because of the bloody past.

Wickremesinghe is also distrusted because of the slow pace of promised reconciliation after the war.

His party had promised accountability for war-time atrocities against the Tamils, but since coming to power he has not prosecuted any of the perpetrators.

He is also yet to deliver on promises of political reform to grant more authority to Tamils as well as reparations for war victims.

Sri Lanka’s Tamils generally feel disconnected from national politics, but the power struggle has shocked them, said Ahilan Kadirgamar, a political economist from the Tamil stronghold of Jaffna in the country’s north.

“There is anxiety over Mahinda Rajapakse coming back,” he said.

The United Nations estimates that more than 100,000 people were killed in the country’s brutal 37-year civil war, including 40,000 Tamil civilians who perished when Rajapakse ordered a brutal final offensive in 2009.

Residents in Tamil areas were under constant surveillance during Rajapakse’s reign.

Tamils had to get military permission to host outsiders in their homes — even for a meal. Many feared those tight controls could return with Rajapakse, Kadirgamar said.

Rajapakse’s decade in power ended in 2015. He blamed his presidential election defeat on Tamils who voted against him.

– Reprisal fears –

“I get calls from my constituents asking what will happen if Mahinda becomes PM,” the TNA’s Sithadthan said. “Our people are worried about their security, their future.”

Sithadthan said his parliamentary bloc could risk retribution if it chose the losing side in the power struggle.

“If we support one party, the other will target us at some time when they return to power,” he said. “It is not a happy situation for us to be king-makers at this time.”

Kadirgamar said Tamils were also fearful that Jaffna would once again be militarised and the political stability of recent years threatened.

“Under Rajapakse, people always felt they were being watched,” Kadirgamar said.

– No concessions –

Praveena Raviraj, whose legislator father was gunned down in 2006, said she feared for her future as she believed her father was killed by Rajapakse’s forces.

“As the daughter of a murdered member of parliament who has been living in Sri Lanka, I am glad I just got my seven-year multiple entry visa to Canada,” she said of the prospect of Rajapakse becoming premier.

Sirisena and Wickremesinghe came to power in 2015 promising ethnic reconciliation and accountability for wartime excesses under Rajapakse’s rule, but they have been slow to deliver.

On Wednesday, Sirisena said he was opposed to greater devolution for Tamils who have been demanding more authority on land and law-and-order matters.

“As long as I am president, there will be no federal state in Sri Lanka,” Sirisena said.

Tamil analysts said the community could not expect any Sinhalese leader to grant concessions to the minority group.

Courtesy: AFP

PREZ SIRISENA’S ACTION BOTH UNDEMOCRATIC AND UNCONSTITUTIONAL- STATEMENT BY PROFESSIONALS

Statement on the Constitutional Crisis

02/11/2018

Recent actions of President Maithripala Sirisena purporting to remove Mr. Ranil Wickremasinghe from office as the Prime Minister and the purported appointment of Mr. Mahinda Rajapaksa in his place have caused a constitutional and political crisis.

As professionals who value and defend constitutional democracy, we consider it our duty to explain to the citizens the correct constitutional position on this issue.

The Nineteenth Amendment to the Constitution is one of the success stories of the ‘100 day programme’ of the UNF-UPFA unity government. Both President Sirisena and Prime Minister Wickremasinghe jointly gave political leadership to its enactment in Parliament by a two-thirds majority. The 1978 Constitution, as amended by the Nineteenth Amendment, is the only constitutional document that should govern the actions of Sri Lanka’s President with regard to the Prime Minister.

According to the Constitution as it presently stands, once a Prime Minister is appointed, his/her office will be vacated only in limited instances i.e. resignation, ceasing to be a Member of Parliament (Article 46), OR where he is removed by virtue of the dissolution of Cabinet which will automatically occur upon the defeat of the Statement of Government Policy or the Appropriation Bill, or upon a motion of no-confidence being passed against the Government (Article 48).

As the objective of the Nineteenth Amendment was to move towards a Parliamentary democracy, the Nineteenth Amendment expressly repealed the power of the President to remove the Prime Minister that existed under provisions of the original 1978 Constitution and its 18^thAmendment.

Prime Minister Wickremesinghe has not resigned or ceased to be a Member of Parliament. Neither has dissolution of Cabinet occurred (as there was no defeat of the Statement of Government Policy or the Appropriation Bill, and as no motion of no-confidence was passed against the Government).

There are suggestions that the Cabinet of Ministers stood dissolved upon the UPFA leaving the National Government. However, this argument too does not hold water. Unlike Article 48 which specifically refers to the dissolution of the Cabinet of Ministers in specified situations, the provisions relating to a National Government entail no such consequences. Thus even upon the discontinuance of a National Government (which is a matter for Parliament to decide on), the only consequence will be that the Constitutional ceiling on the number of Ministers will become operative..

Also, Mr. Ranil Wickremesinghe was appointed Prime Minister on 21 August 2015, before the National Government was formed, by the President as the Member of Parliament who in his opinion is most likely to command the confidence of Parliament after the United National Party won the highest number of seats at the General Elections held on 17 August 2015.

In any event, it would appear that the National Government continues, since the Sri Lanka Muslim Congress, which was an initial partner of the National Government, remains a partner thereof.
In the absence of a vacancy in the office of Prime Minister, the attempt by President Sirisena to remove Prime Minister Wickremesinghe and to install Mahinda Rajapaksa MP in that office Pre
The resultant constitutional crisis could most appropriately have been dealt within Parliament, by a floor test. In fact, the proper constitutional course of action would have been to have demonstrated in Parliament by vote, an absence of confidence in Prime Minister Wickremesinghe and the Government PRIOR to President Sirisena embarking on his present course of action.

However, far from permitting Parliament to resolve this issue, President Sirisena has embarked on a further undemocratic step of proroguing Parliament, thus attempting to prevent Parliament from debating and resolving the matter, and perhaps paving the way to facilitate cross-overs. As Speaker Karu Jayasuriya’s letter demonstrates, the prorogation was proclaimed in breach of Parliamentary traditions, as the Speaker had not been consulted prior to the prorogation.

Leaving this crucial constitutional issue unresolved in Parliament will result in further aggravating the political, economic and social crisis.

We therefore call upon:

President Sirisena to forthwith revoke the Prorogation, to facilitate the immediate resolution of this crisis through Parliament;
Speaker Karu Jayasuriya to forthwith convene Parliament, to facilitate the immediate resolution of this crisis through Parliament;
All government leaders and MPs to abide by, and not to transgress, the principles and provisions of the Constitution.
All political leaders, to ensure that violence and unrest are prevented;
All Members of Parliament, to ensure that they vote in accordance with the mandate the People have granted them, and not in consideration of financial or other benefits offered;
All public servants, to ensure that they do not obey any instructions granted by unconstitutionally appointed persons, and that they uphold the Constitution and the rule of law;
The Inspector General of Police and the Armed Forces, to ensure that in carrying out their duties, they act in a non-partisan manner, and strictly in accordance with the Constitution and the rule of law.

Prof. Jayadeva Uyangoda, Professor Emeritus, University of Colombo
Prof. Vijaya Kumar, Professor Emeritus, University of Peradeniya
Prof. Kumar David, Professor Emeritus, University of Hong Kong
Prof. Gamini Keerawella, Professor Emeritus, University of Peradeniya
Prof. Navaratne Bandara, Retired Senior Professor, University of Peradeniya
Prof. Jayantha Seneviratne, University of Kelaniya
Prof. Sumathy Sivamohan, University of Peradeniya
Prof. Upul Abeyratne, University of Peradeniya

Prof. Chandraguptha Thenuwara, University of the Visual and Performing Arts

Dr. Upatissa Pethiyagoda

Upul Jayasuriya, President’s Counsel

J.C. Weliamuna, President’s Counsel

Dr. Jayampathy Wickramaratne, President’s Counsel

Nissanka Nanayakkara, President’s Counsel

Rajan Philips, Political Critic

Dr Lionel Bopage

Dr. Ananda Galappatti

Lal Wijenayake, Attorney-at-Law

Tissa Jayatilaka

Chandra Jayaratne

Dr. Paikiasothy Saravanamuttu

Dr. Asanga Welikala, University of Edinburgh

Ameer Faaiz, Attorney-at-Law

Pujitha De Mel, Lecturer, University of Colombo

Mrs. Chamantha Weerakoon, Attorney-at-Law

Danesh Casie Chetty, former diplomat

Lux Jothikumar, Attorney-at-Law

Viran Corea, Attorney-at-Law

Ravi Jayawardana, Attorney-at-Law

Thishya Weragoda, Attorney-at-Law

UN takes up political crisis with Prez, TNA

AG responds to Speaker’s query

By Shamindra Ferdinando-October 31, 2018, 12:00 pm

The UN yesterday raised current political crisis with President Maithripala Sirisena as the UNP vowed to continue with its struggle against what former Deputy Minister of National Policies and Economic Affairs Dr. Harsha de Silva called a blatant violation of the Constitution by the President.

Colombo-based UN Resident Coordinator Hanaa Singer yesterday discussed the political developments with President Sirisena at the Presidential Secretariat.

A spokesperson for the Presidential Secretariat told The Island that President Sirisena assured Singer that nothing had been done contrary to the Constitution.

The UN sought a special meeting with President Sirisena in the wake of the latter briefing the Colombo-based diplomatic community of developments following last Friday’s swearing in of Mahinda Rajapaksa as the Prime Minister.

Subsequently, Singer met Tamil National Alliance (TNA) leader R. Sampanthan and party spokesman and Jaffna District MP M.A. Sumanthiran to examine the situation. The TNA parliamentary group comprises 16 lawmakers.

Addressing the media at the Government Information department (GID), Government spokesman Ports and Shipping Minister Mahinda Samarasinghe quoted President Sirisena as having told the diplomatic community that post-war national reconciliation process would be further strengthened. President Sirisena has also promised to protect and develop human rights.

Dr. de Silva of the UNP, too, briefed the international community as regards the alleged unconstitutionality of President Sirisena’s action. Referring to the circumstances leading to the enactment of the 19thAmendment to the Constitution meant to weaken the executive presidency, Dr. Silva explained that the Prime Minister could have been removed only through a vote in parliament. Responding to a query, the UNPer said that a simple majority vote would suffice to remove the PM.

The UNPer insisted Wickremesinghe remained the Prime Minister.

By Tuesday night, the UNP lost five of its members who had contested on the party ticket at the last parliamentary polls in August 2015.

Responding to another query, De Silva insisted that President Sirisena had violated the very basis of the 19th Amendment. The UNPer recalled how President Sirisena repeatedly claimed credit both here and abroad for giving up executive powers on his own.

UNP Chairman Kabir Hashim and General Secretary Akila Viraj Kariyawasam, in a joint letter dated Oct 27 addressed to Speaker Karu Jayasuriya sought an assurance as regards security and all other perks and privileges received by Ranil Wickremesinghe in his capacity as the Prime Minister.

Meanwhile, close on the heels of Speaker Karu Jayasuriya denying that he ever received a response from the Attorney General’s Department to his query as regards the current situation.

The Island learns that in addition to the Acting Attorney General Dappula de Livera, who responded to the Speaker, the Attorney General, too, subsequently answered.

Sources said that while Dappula de Livera had responded to Speaker Jayasuriya’s e-mail via e-mail, Attorney General Jayasuriya, in a letter dated Oct 30 pointed out that it was inappropriate for the AG to express an opinion on legal status of action taken by President Sirisena.

AG Jayantha Jayasuriya has received Speaker Jayasuriya’s letter dated Oct 28 on the following day and responded a day later.

Ministerial sources told The Island that Karu Jayasuriya had responded to the situation as a UNP MP elected from the Gampaha District instead of the Speaker of the parliament. Acknowledging that Speaker had been under pressure from the UNP to intervene on Wickremesinghe’s behalf, sources said that top government delegation on Tuesday told Speaker Jayasuriya that the President had the power to prorogue parliament and it wasn’t subject to any other authority. The government delegation comprised Nimal Siripala de Silva, Dinesh Gunawardena, Wijeyadasa Rajapakse, Douglas Devananda, Dr. Sarath Amunugama and Mahinda Samarasinghe.

Sources said that Speaker Jayasuriya acknowledged that Tuesday’s meeting had been called to discuss matters informally.

Review Of The Current Constitutional & Economic Crisis

By Narangoda Amarasena –NOVEMBER 3, 2018

Narangoda Amarasena

Recent change of government has created a turmoil in the country. I am of the opinion that the President would have prorogued the Parliament and during the prorogation period sought the opinion of Supreme Court about the constitutionality of removing the Prime Minister, appointing a new Prime Minister and a new Cabinet of Ministers as provided in Article 129 of the Constitution. Meanwhile the following text may explain the constitutionality of the issue in my point of view.

Article 30 (1) – There shall be a President of the Republic of Sri Lanka, who is the Head of state, Head of the Executive and of the Government, and Commander-in-Chief of the armed forces. He/she is elected by the people for a term of 5 years.

The President have the powers, inter alia;

1. to make the Statement of Government Policy in Parliament at the commencement of each session of Parliament by Article 33 (2) (a),

2. to preside at ceremonial sittings of Parliament by Article 33 (2) (b),

3. to summon, prorogue and dissolve parliament, Article 33(2) (c). Prorogation is subject to the maximum of 3 months as per Article 70 (3). However, the President cannot dissolve the parliament until the expiration of 4 and ½ years from the date appointed for its first meeting or the President is requested by a resolution passed by not less than two-thirds of the whole members of the Parliament as per Article 70 (1). Also, he may dissolve the Parliament subject to the Article 48 (2).

There shall be a Cabinet of Ministers charged with the direction and control of the Government of the Republic – Article 42 (1).

The Cabinet of Ministers shall be collectively responsible and answerable to Parliament – Article 42 (2).

The President shall be a member of the Cabinet of Ministers and shall be the Head of the Cabinet of Ministers – Article 42 (3).

The President shall appoint as Prime Minister the Member of Parliament, who, in the President’s opinion, is most likely to command the confidence of Parliament – Article 42 (4).

Now the question arises if the President can remove the Prime Minister so appointed?

The President shall, in consultation with the Prime Minister, where he considers such consultation to be necessary, determine the number of Ministers of the Cabinet of Ministers and the Ministries and the assignment of subjects and functions to such Ministers – Article 43 (1). Here the President has discretion in consulting the Prime Minister.

The President shall, on the advice of the Prime Minister, appoint from among Members of Parliament, Ministers, to be in charge of the Ministries so determined – Article 43 (2). Here the President has no discretion but get the advice from the Prime Minister before appointing the Ministers.

As per Article 43 (3), the President may at any time change the assignment of subjects and functions and the composition of the Cabinet of Ministers. Such changes shall not affect the continuity of the Cabinet of Ministers and the continuity of its responsibility to Parliament.

The total number of Ministers of the Cabinet of Ministers shall not exceed thirty – 46 (1) (a); and Ministers who are not members of the Cabinet of Ministers and Deputy Ministers shall not, in the aggregate, exceed forty – 46 (1) (b). When the parties form a National Government, the number of Ministers in the Cabinet of Ministers, the number of Ministers who are not Cabinet of Ministers and the number of Deputy Ministers shall be determined by Parliament. However, the Constitution is silent whether this number is to be reduced when the coalition parties withdraw from the National Government. In any case it is clear that the Cabinet of Ministers will not be dissolved automatically when the coalition parties/independent groups withdraw from the National Government at any time.

In terms of Article 46 (2), The Prime Minister shall continue to hold office throughout the period during which the Cabinet of Ministers continues to function under the provisions of the Constitution unless he:

(a) resigns his office by a writing under his hand addressed to the President; or

(b) ceases to be a Member of Parliament.

Up to now Prime Minister Ranil Wickremasinghe has not resigned and Cabinet of Ministers is not dissolved and accordingly a question will arise who the legal Prime Minister is now. It would have been better if the matter was referred to the Supreme Court for interpretation of the provisions of the Constitution if there is any ambiguity.

A Minister of the Cabinet of Ministers, a Minister who is not a member of the Cabinet of Ministers and a Deputy Minister, shall continue to hold office throughout the period during which the Cabinet of Ministers continues to function under the provisions of the Constitution unless he:

(a) is removed from office under the hand of the President on the advice of the Prime Minister;

(b) resigns from office by a writing under his hand addressed to the President; or(c) ceases to be a Member of Parliament.

It means the President cannot remove the Prime Minister from the post. However, under the powers (Article 43 (3) vested in the President he can change the subjects, functions and composition of the Cabinet of Ministers without affecting the continuity of the Cabinet of Ministers and their responsibility to the Parliament. Dissolution of the Cabinet of Ministers will take place as provided below.

Sri Lankan Prime Minister Interviews by Indian NDTV

(November 1, 2018, Colombo, Sri Lanka Guardian) Prime Minister of Sri Lanka Ranil Wickramsingha sat with an Indian journalist from NDTV to talk about present political turmoil created by President Maithripala Sirisena by sacking him through an “unconstitutional” coup. President Action was locally and globally condemned and demanded the reconvening of the Parliament immediately.

Meanwhile, Prime Minister Wickremesinghe taking to his official twitter handle has confirmed that the Parliament will be convened on November 05.

He also expressed satisfaction towards this move saying “democracy will prevail”.

Watch Here;