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Constitution does not allow special court

2017-08-16 07:22:35
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Amid pressure from his colleagues, Justice Minister Wijeyadasa Rajapakshe is reported to have ruled out the possibility of setting up a separate court to hear and dispense with cases of fraud and corruption involving members of the previous regime.

The Cabinet discussed what was described as ‘inordinate delay’ in filing cases against them.

The minister is reported to have told the Cabinet that a separate court could not be set up because of Constitutional restrictions.

The Constitution has to be amended to provide for special courts.

However, he said that a trial-at-bar could be set up to hear these cases if the Chief Justice and the Attorney General were agreed on this matter.

Health Minister Rajitha Senaratne and Regional Development Minister Sarath Fonseka were among the ministers who pushed for speedy action against those accused of wrongdoing during the former regime.

Megapolis and Western Development Minister Patali Champika Ranawaka is reported to have said the government had taken much too long to initiate action on these matters and that the cases had been delayed primarily because of political interests.

President Maithripala Sirisena sought the views of newly appointed Foreign Affairs Minister Tilak Marapana. Mr. Marapana also said the Constitution did not provide for a separate court to be set up and pointed out that special arrangements could be made within the current judicial system to hear such cases. (Kelum Bandara)


  Comments - 36

  • Voter Wednesday, 16 August 2017 08:45

    Rajapaksha trying to save Rajapakshas? Amend the constitution to save our constitutions.

    Reply : 13       53

    AFVF Wednesday, 16 August 2017 08:46

    The constitution and law should be there to govern the country and people. But sadly the constitution and law is now gone into the wrong hands and they are protecting the wrong doers. This is the state of this country today

    Reply : 5       37

    ahamed Wednesday, 16 August 2017 08:49

    These all efforts not a personnel requirements and to save the country so public to give pressure on government to amend the the constitution to enable the court works independently.

    Reply : 2       23

    Snowy Wednesday, 16 August 2017 08:54

    The 62,000,000 who voted for MS are fed up with this guy. Remove him.

    Reply : 15       56

    Barnabus Wednesday, 16 August 2017 09:30

    Can't believe I wasted my vote on this government and WR in particular. What a joke!

    Reply : 6       45

    Bimal Wednesday, 16 August 2017 09:37

    Sri Lankas total population is just above 21mn. How come 62mn voted for MS? Go to a Grade 5 maths class please

    Reply : 8       40

    Agree Wednesday, 16 August 2017 13:42

    I agree - one more thumb up

    Reply : 0       7

    Joseph Wednesday, 16 August 2017 09:27

    What is clear is that special arrangements could be made to expedite the process. So do that fast.

    Reply : 1       27

    willowsd Wednesday, 16 August 2017 09:41

    No need to amend the constitution, the present law can have these cases expedited, if there is a will to do so?

    Reply : 1       30

    Sincere Wednesday, 16 August 2017 10:11

    We can now understand what is going on in the Cabinet and we see how helpless the PM is. Two years have already passed!!

    Reply : 0       25

    Sincere Wednesday, 16 August 2017 10:11

    The biggest cats paw seems to be inside the Cabinet now.

    Reply : 0       28

    Eagle Wednesday, 16 August 2017 10:24

    Don't make a laughing stock of Sri Lanka,note whole Worldis watching our legal activities and action.Please note we are not ready to sell our Buddhist ethicsby allowing political plunders endangers our economic,by acting sleeping demons.

    Reply : 11       6

    karthik Wednesday, 16 August 2017 10:24

    This govt came into power to eliminate corruption. Hence it is your duty to find ways to speed up the process to fulfill the promise you have made to the people. People are waiting for your action and not for the excuses you make.

    Reply : 0       18

    Rajan Wednesday, 16 August 2017 10:28

    There are highly qualified expertise in this country on Constitution, if AG is considered biased. Why are the President/PM fooling all of us, if this fellow is pulling to the other side ( we know he must be pumped with all the ill gotten money) , he should be sacked, which the President can do with PM's consent.All are playing games with us and our future generation.

    Reply : 1       17

    Jay Wednesday, 16 August 2017 10:48

    Do you need special courts to fast track. How you serve the queue is important and change the priorities.

    Reply : 0       10

    Ganesh Wednesday, 16 August 2017 11:00

    Is this man only knowledgeable about the law of the country in the cabinet ,nobody else to checkmate him and find the ways and means to punish the wrong doers and confiscate the said millions by the same government

    Reply : 0       15

    Lanka Wednesday, 16 August 2017 19:29

    Confiscate and bring back the millions in the hands of the LTTE disapora.

    Reply : 0       0

    CITIZEN Wednesday, 16 August 2017 11:46

    As we have frauds and rogues on both side we ALSO HAVE POLITICAL ROGUES ON BOTH SIDES!!!

    Reply : 0       9

    nazrey Wednesday, 16 August 2017 12:35

    bunch of Rajapakse. all of same wave length

    Reply : 0       15

    Maramandai Wednesday, 16 August 2017 12:35

    I wonder why President or Prime minister cannot sack a minister who is out of order, corrupt or unfit? Don't they have the power to sack them? Can someone enlighten me?

    Reply : 0       16

    Lord Wolfstein Wednesday, 16 August 2017 12:39

    A new court is not necessary. The legal system has the potential to deal with these cases quickly. The police has an extra department for this. The Office of the Attorney General needs an extra department, which works closely with the police and provides fast results. The High Court in Colombo needs a special department, which processes these cases in the shortest possible time. The Court of Appeal and the Supreme Court have to deal with appeals quickly and preferably. The prison department has to create new work camps along the newly to be built highways, where the convicts are used for road construction.

    Reply : 0       10

    Lanka Wednesday, 16 August 2017 19:31

    Still going to the market for the Colonial rulers!

    Reply : 1       0

    Sofia Wednesday, 16 August 2017 12:39

    Got up from sleep? Only now after 2.5 years they realised this but then we were told we will catch them soon as they win. What nonsense from yahapalanaya.

    Reply : 1       12

    gamini Wednesday, 16 August 2017 12:55

    so WR must be relieved that is former BOSS cannot be cahrged

    Reply : 0       12

    Sanje Wednesday, 16 August 2017 13:04

    Hang the constitution . Deliver Justice. you are depriving it.

    Reply : 0       12

    Gune Wednesday, 16 August 2017 13:40

    The President

    Reply : 0       3

    citizen Wednesday, 16 August 2017 13:49

    අනේ ඇමතිතුමෝ. ඔය අධිකරණ ඇමති කමයි, ඔබතුමාගේ නීතිය පිළිඹඳ පී.ඇච්.ඩී. එකයි, ජනාධිපති නීතිඥ කමයි දෙන්න ළමයෙක්ට! ගිහින් කියවන්න ව්‍යවස්ථාවේ 105(1)(ඇ) වගන්තිය. පාර්ලිමෙන්තුවට බලය තියෙනවා විශේෂ අධිකරණ හදන්න. ඉතිං ඔබතුමා කොහොමද කියන්නේ විශේෂ අධිකරණ 'ව්‍යවස්ථානුකූල නැ" කියලා?

    Reply : 2       10

    ReaderD Wednesday, 16 August 2017 16:31

    How many files are stuck at AG`s Dept. Take up those cases in existing system by special arrangement and finish off fast. WR knows all delay tactics in the legal system and may be encouraging them and using them as excuses!!!!!!

    Reply : 0       5

    Wholesale BOORUWA Wednesday, 16 August 2017 19:29

    Let me leave dealdasa a quote from John Stuart Mill, "He who knows only his own side of the case, knows little of that". Dealdasa needs to be conferred a new PhD as the "Avant Guard" for shielding political criminals from prosecution.

    Reply : 0       2

    ceylon Wednesday, 16 August 2017 19:54

    that mean constitution allowed him to protect theives.increase judges to speed up casess also not allow by the constitition . via DM Android App

    Reply : 0       0

    weera Wednesday, 16 August 2017 21:14

    Special courts will be set up in no time if there are too many banana thieves.

    Reply : 0       0

    Mandy Wednesday, 16 August 2017 21:40

    Very simple solution. Throw PM out and put in someone who is keen to move forward quickly. Problem solved.

    Reply : 0       0

    Sofia Wednesday, 16 August 2017 21:44

    All you need to do is kick Wijedasa out and put in someone keen to mete out justice to the public and people of Sri Lanka.

    Reply : 0       0

    ceylon Wednesday, 16 August 2017 21:49

    if soyou change it and do it.what you do as justice minister . via DM Android App

    Reply : 0       0

    Nuwan Wednesday, 16 August 2017 23:24

    Does the constitution allow to rob the country ? WR needs to white vanned or exterminated. He has ruined the ruined country. All these rogues and protector of the rogues needs to be killed or disappeared . just as when MR was the President.

    Reply : 0       0

    Woody Thursday, 17 August 2017 02:29

    The problem could be these cases do not have a leg to stand on if ttey go to court. Most of the lies propagated by Yahapalana were baseless. That was the ruse they used in order to get elected. It was after they came to power that they realised there needs to be some evidence and were frantically searching here there up the kitul tree, and the FCID spent taxpayers' money travelling to Dubai and so on. It would be good to see what happens in court.

    Reply : 0       0

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