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Its a dirty game, we do not accept the opinion'

WEDNESDAY, 12 NOVEMBER 2014


The President is playing a dirty game. He used the
judiciary to get the viewpoint he wanted. As such, we do not accept the opinion given
by the judiciary. We would continue the struggle that says Mahinda cannot until the
last moment, said the General Secretary of the JVP Tilvin Silva at a media conference
held at the head office of the JVP at Pelawatta today (12th). Attorney-at-Law Sunil
Watagala was also present.
The General Secretary of the JVP said, The President asked for an opinion from the
Supreme Court whether he could contest for a third term and whether a presidential
election could be held after 4 years of his 6 year term. The Supreme Court has
forwarded its opinion stating the President could. President Mahinda Rajapaska has
got the point of view he wanted. However, there was no inquiry to put forward this
opinion. The point of view was given in camera. Other parties were not given an
opportunity to submit oral submissions or present evidence. The government that did
everything behind closed doors publicizes the opinion that was given. Why did the
government that did everything secretly came out openly with the opinion only? The
President used the court to weaken the public opinion that was building against him.
Lawyers, social activists, political parties had built a massive standpoint in the society
that Mahinda cannot contest for a third term and the presidential election cannot be
called before his second term ends. The media of the government states the judiciary
has given a verdict. What has been given is only an opinion. No legal process was
followed to give this opinion. As such, legal action could be taken if necessary. What
was carried out was not a transparent and a just process. Mahinda Rajapaksa used
the court for his petty interest. As such, the JVP does not accept this opinion. There
are several reasons for this.
We put forward reasons why Mr. Mahinda Rajapaksa could not contest for a third term
and the presidential election cannot be called after 4 years of his term on articles that
appear in the Constitution. These arguments have not been challenged. They are still
valid. There are others who put forward the same viewpoint. Former Chief Justice
Sarath N de Silva, the Bar Association, Prof. Suri Ratnapala confirmed this point of
view. Also, this point of view is corroborated by the Constitution and the interpretation
ordinance. If this has a public importance other parties too should be given an
opportunity to express their views. Despite there is a huge dialogue going on in the
country, no opportunity was given to express views. The court and the President did

not take any step to provide a just opportunity to any party. The Bar Association was
sent the letter asking it to submit written submission only on the 5th. 6th was a holiday.
The request was to submit written submission before 3.00 p.m. on the 7th. The
President of Bar Association Mr. Upul Jayasuriya asked for some time to submit
submission. But this was not granted.
Normally, in our country panels of five or seven judges of the Supreme Court are
appointed for judicial processes. For this instance all ten judges of the Supreme Court
were deployed for this instance. What has been done is that Mahinda Rajapaska has
played a political game to suppress the public opinion that was building against him so
that he could move along a despotic path. This president has no ethics, law or
transparency. He is playing a dirty game. As such, we do not accept the opinion given
by the court.
This is not an isolated incident. It is a deadful step that shows a pathetic future. Our
country is moving towards a semi-military despotic family rule. The President
commenced this move in 2010. At the Parliamentary election he asked for a 2/3rd
majority. The masses did not give him what he asked for. Mahinda Rajapaksa played
another game then, spent money, bought a group of MPs elected from the UNP and
formed an illegitimate 2/3rd majority which was used to adopt the 18th amendment.
Now, some say they are ashamed for raising their hands for the 18th amendment. The
President did not use this 2/3rd majority to solve economic issues, the national
question or to abolish the executive presidency and bring in a new constitution. This
illegitimate majority was used to further his power. The 17th amendment was nullified;
the limit for the presidential term was taken away. However, the haste in attempting to
adopt the 18th amendment left loopholes so that he could not legally contest for a third
term.
In 2010 people voted for Mahinda knowing that he would not come for a third term.
For, the 18th amendment was not adopted at the time. To go for the third term a
referendum should be held. The Chief Justice Shirani Bandaranayaka was removed
using an impeachment to avoid this referendum. After removing Ms. Bandaranayaka
Rajapaksa appointed one of his pals to the Supreme Court. He has got the result
today. The judiciary at present is one that has been tamed by Mahinda Rajapaksa.
Anyone who has faith in law and order in the country and democracy would not accept
the opinion given by the Supreme Court.
People had some regard for the judiciary. However, the likes of Mahinda have defiled
everything holy. This is the low level Mahinda and his people have brought the
judiciary to. At the Uva PC election the court gave a decision advantageous to the
government by allowing relief to be distributed to people in Monaragala District.
However, the Court failed to take a decision to make available this relief to people in
other areas in the country.
The judiciary has been made a place where Mahinda can take any decision. The
incumbent president has become insane with power. He is scared that he would lose
his power. As such, he is prepared to do any unethical, illegal act.
There is no presidential election yet. We expect that it would be announced. Mahinda
is still having this date in his mind and using all state power, resources and officials for
his campaign. Mahinda Rajapaksa has begun the campaign on his own and has run

half the race. Contestants from other parties have to think whether they would contest
or not. The Araliya Dansala hass been opened and posters are put up throughout the
country with public money for the campaign. Mahinda has deployed police personnel
for his election campaign. Posters are put up by personnel of Road Development
Authority. The law of the country is blatantly violated. Despite Gotabhaya Rajapaksa
doesnt allow to putup obituary notices in Colombo city, Mahindas cutout are displayed
everywhere. There are cutouts with Mahinda Rajapaksas finger prints. Normally
fingerprints of criminals are displayed. The President who has allocated Rs.9590
million holds state festivals every day. Hence, we say the President is carrying out a
dirty game.
The government that baosts of democrfacy doesnt allow the opposition parties to hold
a rally to come out with their views. The Peoples Movement for Democracy wanted to
reserve Hyde Park and Campbell Park for a rally and a demonstration. However,
another individual has been given the parks through the Municipal Commissioner. Ven.
Rathana Thero too was not given a ground to have a meeting. Hence, it is very clear
what is going to be held is not an election but a plunder.
Police, security forces, judiciary and Parliament have been taken over. This is not an
ordinary situation. What is going to be held is a unilateral election. This situation must
be defeated. As we do not accept the opinion given by the court we would continue
with the struggle that states No third term for Mahinda. We would mediate to build a
strong political power. Hence, we tell the masses not to accept the unfair opinion. We
would continue with this struggle to the maximum level. If an election is called ignoring
our agitations the JVP would take a decision on the circumstances at the existing time.
The Commissioner of elections is bound to hold an election if eh President requests
him to do so. However, we have told the Commissioner of elections not to hold an
illegal election. If an election is called without considering what is right legal action has
to be taken. However, it is the same judiciary we have to go and everyone knows the
verdict we would get.

Mr. Sunil Watagala speaking to


the media said, We did not get an opportunity to present evidence or submissions.
Not even the Bar Association was given a fair time to make submissions. The
government used parties favourble to it to submit written submissions.

The recognized political parties were not given an opportunity to make submissions.
As such, it is a very unjustifiable process that was followed by the government. It is the
government that announced eh opinion given by the Supreme Court. As such, we do
not know what the opinion was given by the Court. Hence, we ask the President to
reveal the document with the opinion to the people. Hiding is not fair. The lawyers
have a right to make their expressions regarding it. There hasnt been a fair and
legitimate inquiry. Whenever we get this opinion we expect to express our views
regarding it.
Posted by Thavam