Parliament, the most supreme
The Parliamentary Select Committee (PSC) hearing the impeachment
motion against Chief Justice Shirani Bandaranayake began its proceedings
on Friday while the main Opposition United National Party (UNP) seniors
were busy gearing for next Saturday’s annual party Convention at which
the Opposition Leader Ranil Wickremesinghe would seek to extend his term
by six more years.
CJ Bandaranayake’s presence at the Parliamentary Complex to face the
PSC on Friday was a positive move that would underline the supremacy of
the legislature and the power of people. Only the Executive and the
Legislature are directly elected by the masses, the Judiciary is
appointed.
Though the Executive President is appointed directly by the people at
an election once in six years, the Legislature has a Constitutional
right to bring an impeachment motion against the Executive President
too.
Hence, Judiciary is no exception and is subjected to such impeachment
motion against the Chief Justice or any Judge of the Supreme Court or
Court of Appeal.

President Mahinda Rajapaksa in Kazakhstan |
Accordingly, CJ Bandaranayake was present before the PSC hearing the
impeachment motion against her on Friday. It has now been put off for
December 4.
It was also reported that the Chief Justice has been granted one week
to make written submissions after she participated in the first session
of the PSC at Committee Room 1of the Parliamentary Complex on Friday.
The Chief Justice arrived at the Public Entrance of the Parliamentary
Complex at around 10.05 am on Friday and was received by Deputy
Sergeant-at-Arms Kushan Jayaratne. She waited in the waiting area of the
Committee Room 1 until the PSC began its first session.
PSC members Vijitha Herath, R Sampanthan, John Amarathunga, Lakshman
Kiriella, Ministers Anura Priyadarshana Yapa, Susil Premajayantha, Wimal
Weerawansa, Rajitha Senaratne, Dilan Perera and Nimal Siripala de Silva
and Deputy Minister Neomal Perera then arrived in the Committee room.
President’s Counsel Romesh de Silva, President’s Counsel Nalin
Ladduwahetty, Attorneys Saliya Peiris, Sugath Caldera and Kandiah
Neelakandan accompanied the Chief Justice. The PSC proceedings lasted
for about one and a half hours.
Now that impeachment motion has been moved against the head of the
Judiciary, it is hoped that judges, attorneys or other related parties
would assist in continuing proceedings of this legal and constitutional
action independently, and in a dignified manner without causing any
hindrance, parliamentarians including Ministers S B Dissanayake, W. D.
J. Seneviratne and Mahindananda Aluthgamage said at a media briefing.
Public Administration and Home Affairs Minister W.D.J. Seneviratne
said the impeachment motion was moved under provision 107(2) of the
Constitution. However, various organisations and persons have discussed
the matter violating provisions of the Constitution.
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D M Jayaratne |
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Keheliya
Rambukwella |
These parliamentarians also said they appreciated Chief Justice Dr.
Shirani Bandaranayake appearing before the PSC earlier in the day,
honouring the provisions of the Constitution and the Supremacy of
Parliament.
They added that the Chief Justice cooperated in commencing the
proceedings of the PSC, traditionally done under oath. The
parliamentarians also requested others to assist in the proceedings of
the PSC ‘without causing any trouble’, as it was a process fully legal
as well as constitutional.
Higher Education Minister S.B. Dissanayake said such measures have
been provided in the Constitution to maintain the checks and balance
between the arms of State, Executive, Legislature and Judiciary.
He said this was not the first time impeachment motions were moved
against Chief Justices of the country. On one occasion, when an
impeachment motion was moved against then Chief Justice Neville
Samarakoon he resigned from his office. He also said on two occasions,
impeachment motions were moved against former CJ Sarath Nanda Silva.
However Parliament did not proceed with these Motions.
Sajith to oppose his leader
The much talked about annual Convention of the main Opposition, UNP
will be held on Saturday, December 1. This year’s UNP Convention will be
the cynosure of all eyes as the incumbent party leader and the Leader of
the Opposition, Ranil Wickremesinghe plans to extend his term at the
helm for six more years.
UNP Reformists and anti-Ranil members allege that only a selected lot
of UNP members loyal to the leader have been invited to the party
Convention. Among those who are openly campaigning against the
controversial move is Southern Provincial Council member Maithri
Gunaratne.
But much will depend on the stance taken by the Deputy Leader of the
UNP, Sajith Premadasa who has been noncommittal so far. But a senior
member of the UNP Reformist Group said that Sajith will come out at the
correct time and hit back against the ‘unethical move’ by the leader.
Sajith has been extraordinarily silent since Ranil suspended party
memberships of three parliamentarians and several party members for
taking part in Sarath Fonseka’s controversial meeting at the Hyde Park.
However, a senior UNP Reformist parliamentarian who wished to remain
unidentified for obvious reasons said they are working behind the scenes
with the blessings of Sajith. “Our deputy leader will come out at the
correct time and use all his might to defeat this move which violates
the UNP Constitution.

Sajith Premadasa |

Tiran Alles |
General Secretary of the UNP, Tissa Attanayake has already written to
the Inspector General of Police seeking protection for the party
Convention. He has sent a copy of it to the SSP Nugegoda Division, SSP
Roshan Fernando. Attanayake seems to be taking early precautions after
unruly party supporters severely damaged the party headquarters Siri
Kotha after a previous Working Committee meeting.
Keheliya in Melbourne to appear in case against hotel
Mass Media and Information Minister Keheliya Rambukwella is currently
in Australia to appear in a case he has filed in the Victoria District
Court against a hotel in Melbourne seeking compensation for an accident
he suffered during his last visit to Australia.
The Victoria District Court has allowed the insurance company, in
consultation with the hotel management, to come to an understanding with
the Minister for a settlement. “Ninety five percent of the chances are
that they will come to a settlement without taking the case further,”
sources close to the Minister said from the Victorian capital.
Minister Rambukwella suffered leg injuries after falling from the
balcony of a room at Cormone Hotel after the door closed due to some
malfunction, shutting him out in the balcony.
As the minister tried to find his way into the room through a devious
means, he fell from the balcony suffering leg injuries for which he had
to be hospitalised. Minister Rambukwella who took nearly four months to
recuperate, returned to the country on May 24 and filed a case against
the hotel for negligence and lack of security and proper safeguards
seeking compensation for his injury. It is learnt that the lawyers for
the respondent hotel are negotiating with the minister’s party to come
to an amicable settlement outside Court.
Tiran takes Ranil head on
It was only the previous week that the UNP leader Ranil
Wickremesinghe told the Parliament that DNA parliamentarian Tiran Alles
had set a world record by not speaking a single word in the parliament
for almost three years.
Tiran was well geared up to take Ranil head on when the DNA
parliamentarian made his maiden speech in Parliament on Monday. He made
the best use of the budgetary allocations for the Opposition leader to
hit back at Ranil. “When we talk about the President’s budgetary
allocation it is equally important to talk about the allocation for the
Leader of the Opposition,” he said.
He said all previous Opposition Leaders before Ranil had performed
their duties at maximum levels. “They never allowed budgetary
allocations for the office to go waste. They always made every effort to
correct the mistakes of the government in office and in failing to do
so, they mobilized the electorate to change such governments and to get
a people-friendly government into power. That is how those leaders
performed their duties,” he said.
He said Ranil is the longest serving Leader of the Opposition.
“Except for two years he has held this post for 16 years. Therefore, we
have a duty and a responsibility to inquire whether he has discharged
his duties properly. He is now engaged in attacking his own party
members instead of the governing party,” Alles said.
“He had accused me that I did not make any speech in Parliament as if
that is the biggest problems he is having now. It seems that he is not
aware of problems people have. He has prohibited his party members from
expressing their views in Parliament. I would like to request him to
allow his party members to talk in the Parliament as it is his duty,” he
added.
Tiran alleged that the Opposition Leader has neglected many of his
duties. “He should know people maintain him in office by public funds to
speak about the people’s problems,” he said. Alles pointed out that
there are other members who have not spoken anything in the Parliament
before now but Ranil had only singled out him. “While he was charging me
about my silence in Parliament, Minister Dinesh Gunawardana interrupted
him to point that both of them were pupils of my father, R. I. T. Alles,
founder Principal of D.S. Senanayake College. I wish to thank the
Minister for being grateful to his former teacher, my father,” he said.
Ranil removed ‘RIT’
Tiran said he could still remember how Ranil, as then Minister of
Education, removed his father R.I.T. Alles from the post of Principal at
D.S. Senanayake College and declared in Parliament that “Alles will
never come back to DS”. However, in 1988 the then President R. Premadasa
reappointed the founder of the school ‘RIT’ as Principal at D.S.
Senanayake College. “At the same time Ranil Wickremasinghe was removed
from the post of Minister of Education. I wonder whether he is nursing a
grudge against my father and our family,” Tiran said.
Tiran requested Ranil to use his time in a more gainful manner to
improve his party’s electoral prospects.
Tiran then went on to expose the losing mentality of Ranil and how
the UNP has lost a record number of elections under Ranil’s shaky
leadership. “He had proposed to the Hon. Speaker that I should be
awarded a medal for establishing a world record by not speaking even
once in Parliament. But I regret to say he has forgotten a number of
world records he has established up to now. I wish to remind him of his
records,” he said.
The only Leader of Opposition in the world who has consecutively lost
more than 20 elections.
The only Leader of Opposition who has lost two consecutive
Presidential Elections and for the third, bringing in an outsider to
contest in place of him.
The only Leader of Opposition who lost three General Elections.
World record as the ‘best loser’
The only Leader of Opposition who lost over sixty of his
Parliamentary Group to the Government.
If I have to enumerate all the losses he has achieved as the Leader
of the Opposition I will be taking quite a lot of your time. He has
earned many awards so far and another one will be due to him as the
greatest loser if he contests the next Presidential Election, which he
will definitely lose.
History repeats itself
Tiran said that he is not going to advise Ranil on how to achieve
electoral victories but quoted Ranil’s own advice to the then opposition
SLFP led by Mrs. Bandaranaike, first woman Prime Minister of the world,
when he was Leader of the House of the then UNP government. It has been
recorded in the April 23, 1992 Hansard as follows:
“How can you win the election? You are talking of the Westminster
system. The first thing is that when a leader loses the election, that
leader should step down and a new leader should take over. Without doing
that, do not go and blame this on black cats, white cats and other cats,
tigers and the JVP. Firstly, your leader has not resigned. In this
period look at the Labour Party. Mr. Callaghan resigned; Mr. Michael
Foot resigned; Mr. Neil Kinnock resigned. What has happened to the Sri
Lanka Freedom Party? First, you must face that situation.
Have a new leadership. Have a new set of policies. Then if you are
beaten you can go into the matter”.
“We cannot wish for a better Opposition than the Opposition that is
there now. This is the best Opposition we can have. We like you; we want
you to stay in this place. You cannot face up to the fact that the
people do not want you and that you have been thrown into the dust-bin.
So you all are trying to find excuses, thinking that by repeating this,
the people are going to believe you”.
“I will tell you that at the next elections you will lose; the
elections after the next you will lose and the election after that. We
had one last year, there will be one next year. You all must decide who
is going to contest from your side for the Provincial Council elections
or whether you are going to contest at all, a decision that you all have
not yet taken. Then who is going to lead. Because you all cannot win,
you want people from other parties to lead in certain Provinces.
Nevertheless, you all are bringing all these allegations from time to
time.
You want this impeachment to win the next elections. So the best
thing is to go and contest the next elections and then try and win it.
Settle your own internal disputes. That is the advice that I can give
you”.
Quoting all those what Ranil had told Sirimavo 20 years ago, Tiran
quoted an old saying to conclude his speech - that you should first be
righteous before advising others. He said that advice is more
appropriate for Ranil now.
Major split in Fonseka’s camp
Sarath Fonseka is marching towards further political wilderness.
Following the resignations of his DNA parliamentarians Trian Alles and
Arjuna Ranatunga, Fonseka said it was not a loss for the party and his
Democratic Party would only be minus of just two votes. That statement
alone shows what an ungrateful person Fonseka is as Sri Lanka’s
world-cup winning captain and Tiran have been ardent supporters of
Fonseka during the good times and the bad.
Especially when Fonseka was in jail, the duo extended their fullest
support. It was due to successful rounds of discussions with the
President by Tiran that Fonseka was finally granted a special
presidential pardon. It seems that Fonseka has forgotten all this.
Fonseka who is currently facing a split within his camp, is yet to
disclose the real issues that prevailed within the party which led to
the current situation. However, Fonseka has said that he is undeterred
by the current developments and will fight to change the political
culture existing in the country. But nobody knows the political culture
he is talking about. Fonseka himself has been acting like a dictator
within his party and is struggling to keep his party seniors intact. He
has lost all senior politicians who had initially supported him – Ranil
Wickremasinghe, Somawansa Amarasinghe and Mangala Samaraweera.
President visits DM in US hospital
President Mahinda Rajapaksa did not forget to embark on an important
assignment immediately after he concluded his three-day state visit to
Kazakhstan. He flew to the United States straight from the Astana
airport in Kazakhstan to meet his senior SLFP colleague, Prime Minister
D.M. Jayaratne, who has been ill for a few months. President Rajapaksa
called on Prime Minister Jayaratne at the Johns Hopkins Hospital,
Baltimore in Maryland, USA to wish him a speedy recovery.
Earlier during the week, President Rajapaksa concluded his three day
official visit to Kazakhstan on a highly successful note bringing many
economic and political dividends to Sri Lanka. The three day visit
helped clinch many economic benefits in the tourism, investment and
trade sectors in particular.
The highlights included the obtaining of a larger share of the
Kazakhstan market for Sri Lanka tea, reaching an agreement to promote
and popularise Sri Lanka gems in Kazakhstan, enhancing economic
development by promoting the tourism industry between the two countries
and encouraging more Kazakhstan investors to invest in Sri Lanka.
Arrangements were also made during the President’s visit to set up a
Parliamentary Friendship Society between the two countries to enhance
political relations by promoting friendship between the parliaments of
the two countries.
The communique said the President and his delegation left the island
on Monday morning on a three day tour of Kazakhstan on the invitation
made by Kazakhstan President Nursultan Nazarbayev to mark the 20th
anniversary of diplomatic relations between Sri Lanka and Kazakhstan.
President Rajapaksa, First Lady Shiranthi Rajapaksa and the Sri Lanka
delegation which arrived at the Astana Airport in Kazakhstan around noon
on Monday was welcomed by a high level Kazakhstan state delegation led
by Economic Development and Trade Minister Yerbolat Dosayev.
The same evening President Rajapaksa, First Lady Shiranthi Rajapaksa
and the Sri Lanka delegation were entertained to a special cultural
festival held in Astana city to mark the 20th anniversary of diplomatic
relations between Sri Lanka and Kazakhstan.
The two State leaders met the following morning for official
bilateral talks. President Rajapaksa who arrived at the Kazakhstan
President’s house for the talks accompanied by the First Lady was
welcomed by Kazakhstan President after according them a military guard
of honour. Bilateral talks began after the official meeting of the two
State leaders. During the talks Kazakhstan President Nursultan
Nazarbayev pledged Kazakhstan’s maximum support towards the massive
development program launched in Sri Lanka after the defeat of LTTE
terrorism. He also promised continued support to Sri Lanka with regard
to false allegations levelled against Sri Lanka and undue pressures
exerted against the country in the international field.
Speaker asks MPs to respect traditions
Speaker Chamal Rajapaksa on Friday instructed all parliamentarians to
stand up in the House when the Mace is carried in and out of the
Chamber.
He said MPs should honour and respect the Mace which symbolised the
dignity and decorum of the House.
Honouring the Mace is a tradition which had been maintained since
time immemorial and all MPs are bound to follow that tradition. “I have
noticed that schoolchildren in the public gallery observe the behaviour
of MPs and they should set an example by following parliamentary
traditions.
“Therefore, I instruct all MPs to stand up and pay their respect to
the Mace when it is brought in and out of the Chamber,” he told the
House.
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