No legal provisions in Constitution for special court: Wijeyadasa

18 March 2018 07:01 pm - 14 - {{hitsCtrl.values.hits}}

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There is no legal provision in the present Constitution of the country to implement a special court, former Minister of Justice MP Wijeyadasa Rajapakshe said.

Speaking to journalists outside a function on Friday Mr. Rajapakshe said he does not like to comment over the topic as the decision over the special court is not finalized but there is sufficient legal provisions in the country.

He said when the matter was discussed in the Cabinet, Attorney General (AG) had replied with a report consisting 29 pages that the Parliament has no legal power to appoint such court in order to the 1978 second republican constitution.

However, he said according to world acceptable practice special court can only be implement by the Chief Justice (CJ) over the request of the AG who were independent parties and the politicians cannot implement such.

He further said the AG has the complete freedom to request the CJ to appoint a special Court comprising with a trial bar over any public interesting in grave crime.

He also said that it was taken in practice in the past in cases such as S.Vidya’s Murder case and Udathalawinna massacre.

Meanwhile, attending an event in Colombo former President, MP Mahinda Rajapaksa said appointing such special court is against the Constitution.

“Constitution should be amended if it is needed to do so. It is not possible to change the Constitution in order to the intentions of politicians whenever they want,” he said.

Further, he said it was wrong if appointing a special court to gain political revenge.

While commenting over the subject, former Defence Secretary Gotabaya Rajapaksa said it was observed the attempt was to gain political revenge using democratic institutions over political intentions. (Thilanka Kanakarathna)

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Comments - 14

Duminda Sunday, 18 March 2018 07:31 PM

Horu like to protect horu. Need to change entire legal system to address current needs of country. This is an utmost importance and challenge whole nation facing today.

long memory Sunday, 18 March 2018 07:43 PM

Remember SF before talking about revenge.

johan Sunday, 18 March 2018 07:58 PM

You were listening to MR, GR everyone did nothing to bring the perpetrators to the book. last three yearsFraudsters never like installing Special Court saying there is no provision in the constitution.Does the Sri Lankan Parliament follow the same constitution what was there before so many decades? Most of the clauses are changed according to the present day circumstances.It is the duty of Ministry of Justice to get on with this subject and bring financial discipline in the country.

Gorakaya Sunday, 18 March 2018 09:33 PM

Bellige putha what did you do when you were the Minster

roshan Sunday, 18 March 2018 08:03 PM

deal ..cat is out....

Raj Sunday, 18 March 2018 08:12 PM

Ohhh God why these morans always against if something good for sri Lankan people is tried to be implemented. Even in another 1000 years to we cannot change our politicians mind set . God save mother Lanka

Sunil Sunday, 18 March 2018 08:22 PM

Criminals getting worried about special courts!?

Sincere Sunday, 18 March 2018 08:40 PM

Ooh. Is it a big deal in this banana republic? If it could be changed once even to stay in power forever, let us change it by adding one more clause. After all we.can learn a lot from the Chinese!

Gune Sunday, 18 March 2018 09:43 PM

When there was a legal court to prosecute MR and his family you did not. So don’t talk nonsense Mr. deal maker.

sumal perera Sunday, 18 March 2018 09:45 PM

deal dasa is back in action...this time who's contract have you undertaken....last time it was avant guard contract you appeared for?

Pali Sunday, 18 March 2018 10:03 PM

one of the greatest enemy of the country accusers refrain administration of justice.

Rohantha Sunday, 18 March 2018 10:31 PM

Whether it is in or not in the constitution, it is Required. So if a referendum is required , lets do it

Dealer. Monday, 19 March 2018 05:44 PM

ONLY MR CAN DO .CANT HE via DM Android App

Park Monday, 19 March 2018 06:57 PM

Is he a lawyer? Parliament is there to enact laws that do not exist. So whats wrong with it?

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No legal provisions in Constitution for special court: Wijeyadasa

Comments - 14

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