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SC has no right to go against the legislature-MR

9 January 2013 04:34 am - 78     - {{hitsCtrl.values.hits}}


No one can betray the sovereignty of the people, and the Supreme Court has no right to go against the legislature, said President Mahinda Rajapaksa yesterday.

Addressing the ‘Swarna Purawara’ award ceremony that felicitated local government members at the Temple Trees, President Rajapaksa said that as a lawyer he had absolute confidence in the independence of the judiciary and therefore not only the judiciary but everyone must work to protect the independence and respect of the judiciary.

“High Court judges are appointed by the Chief Justice. The Chief Justice is appointed by the president. The president is appointed by the people. If the president commits an offence he can be impeached. For the impeachment a minimum of 113 Members of Parliament must sign. The Chief Justice must carry out the orders of the legislature. The unseating of the Chief Justice rests with legislature” he said.

He said that extraordinary things were taking place right now in Sri Lanka – things which could not be found in anywhere else in the world. However, he said he was committed to protect the independence of the judiciary.

“President Premadasa had a narrow escape from impeachment as the then Speaker Mohamed rejected those who attempted to impeach him. There are attempts to topple this government backed by the spirit of separatism and those who supported the LTTE, he said. “It was the JVP that said there were suspicions regarding the dealings of the husband of the Chief Justice. It was they who lodged complaints against him with the Bribery Commission. Now they are scolding me for the impeachment. The JVP says one thing in the morning and something else in the afternoon. But we cannot do that. We do what we say and we say what we do,” he said.

President Rajapaksa urged local government members to work always for the benefit of the people who elected them. Chairmen of local government bodies must not grab everything and they must give the opportunity for deputy chairmen and other members to advance. Some Chairmen never let go of the cheque book and keep it in their pockets all the time,” he said,
“The people are not for their representatives; the representatives are for the people. Therefore, people’s representatives must always be committed to serve the people. The government has launched a massive development drive and a massive allocation has been made for rural development. It is the responsibility of local government representatives to use these funds for the benefit of their people, said President Rajapaksa. (Sandun Jayasekera)

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  Comments - 78

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  • prf Wednesday, 09 January 2013 06:40 AM

    113 mp singned impeachment is without any corruption

    chandimani Wednesday, 09 January 2013 07:10 AM

    Yes, Mr. President, SC cannot do it UNTIL THE LEGISLATURE behaves within the four walls of the Constitution. Otherwise, constitution will become effectless and legislature would be disabled resulting contravining the provisions of the constitution as MPs will loose their seats.

    Prema Wednesday, 09 January 2013 07:09 AM

    Mr. President - As the DM editorial rightly points out: "The people’s executive power is exercised by the executive presidency, their legislative power is exercised by Parliament, and the people’s judicial power is exercised by the courts of law". Therefore it is plainly obvious that none of these institutions should dare attempt to hijack the authority en mass claiming it is doing so with power vested in it by the people. For, they must work in unison for the good of its people but none else. If it does, it is a sure sign of totalitarianism about to take hold of this Nation.

    nilu Wednesday, 09 January 2013 07:04 AM

    Talking about sovereignty of the people, is this all for us? com on dont bulshit, if you care about us do we have a country like this

    Lobo Wednesday, 09 January 2013 06:59 AM

    True, only when something goes against the Government that the rights and wrongs are debated.

    A. J. H. Rahuman Wednesday, 09 January 2013 06:54 AM

    Correction ! No one has the right to go against the constitution (Including your selfe.).

    Ranbanda Wednesday, 09 January 2013 06:48 AM

    Though I am not a fan of any body; Well said Mr. President. We need to have our democratic institutions protected.

    Upul Karu Wednesday, 09 January 2013 06:42 AM

    Yes Sir put everything right across and defeat all these unpatriotic move hatched by some sections of Sri Lanka
    with the connivance of oppressive foreign forces to destabilize our country. Take the matter to your hand and solve this within your Executive power like you eradicated terrorism.

    Namal KodithuwakkuEn Wednesday, 09 January 2013 06:42 AM

    Then he should be a president of charitable organization not the real world political figure.

    jagath Wednesday, 09 January 2013 06:42 AM

    My FOOT' Legislature is packed with a set of thugs> Can you call them peoples representatives???

    kane Wednesday, 09 January 2013 07:13 AM

    Psalms 72:
    1 Give the king thy justice, O God, and thy righteousness to the royal son!
    2 May he judge thy people with righteousness, and thy poor with justice!
    3 Let the mountains bear prosperity for the people, and the hills, in righteousness!
    4 May he defend the cause of the poor of the people, give deliverance to the needy, and crush the oppressor!
    7 In his days may righteousness flourish, and peace abound, till the moon be no more!

    malkanthi Wednesday, 09 January 2013 06:40 AM

    The simple fact for this opposition against the legislature is based on circumstances, situation and lawlessness presently prevailing in the country which is beyond acceptance of any human being with a conscience, therefore majority of people have lost confidence as a result they opt to trust another institution whether they are right or wrong.

    Silas Wednesday, 09 January 2013 06:37 AM

    Where has the SC said that the constitution is "incorrect"?? get your facts straight first.

    kautilya Wednesday, 09 January 2013 06:33 AM

    It is a wrong interpretation by you. Supreme Court never went against the Legislature. SC was duty bound to safe guard the interest of the Constitution. As PSC (Pisso Hathdenage Comitiya) has erred from the very inception SC had to clarify and rectify the anomalies. Saying that SC has no right go against the Legislature gives the wrong meaning that Legislators are doing only the right things. Take the case of Mervyn Silva for an example.

    Real Peace Wednesday, 09 January 2013 06:30 AM

    What you are saying is very, very wrong President. Please don't confuse the masses. This will only lead to anarchy in the country.

    Piumi Wednesday, 09 January 2013 06:27 AM

    MR’s movement is a great threat to the democracy of the country. Already MR has the control over the Parliament. When he takes the total control over the Judiciary, which he is now trying to do, he gets the control of all the aspects of the country. Which mean he will become a Dictator.

    We should prevent this movement at any cost. Please organize the people and educate the international community.

    Raja Raju Wednesday, 09 January 2013 06:27 AM

    all these years I was taught to respect the law and to obey it. Now you people had changed it if some thing goes wrong I must go to the Govt MP and solve the problem. Because he was choose by people. We throw away all our courts and judges and keep our MP's as judges for each of the electorate.?

    Thomas Wednesday, 09 January 2013 06:21 AM

    Is Sri lanka become a Totalitarian Country, under MR? Where is our Liberty?

    Coconut Donkey Wednesday, 09 January 2013 06:22 AM

    The problem is that you're impeaching her to plant a stooge of you'res. Everybody knows this.

    padma Wednesday, 09 January 2013 06:15 AM

    Better try to understanding Even if Executive power has no right to go against the legislature; Politician’s money power can’t betray the sovereignty of the people,

    Observer Wednesday, 09 January 2013 07:47 AM

    Before impeaching the CJ, it will be better for you to impeach your Cabinet of Ministers, who are corrupt. Your day is also not too far awaky

    aiyo Thursday, 10 January 2013 01:32 AM

    shows what a weak constitution we have! JR should be killed for the second time

    The Observer Wednesday, 09 January 2013 01:11 PM

    Are we not heading that way? Or, more towards Zimbabwe?

    Blacky Wednesday, 09 January 2013 09:15 AM

    Nothing but the Power of 'DEWAWARAM WAADAYA'

    hassan Wednesday, 09 January 2013 08:08 AM

    "L'État, c'est moi" ("I am the state") , I am the Law - Louis XIV

    Jan Chandra Wednesday, 09 January 2013 08:00 AM

    Well said Sir. God bless you. The country survives because of you. If it was left to the opposition jokers Sri Lanka would be another Libya or Iraq or Afghanistan. May the Gods give you strength and courage to protect this country for ever.

    An Observer Wednesday, 09 January 2013 07:52 AM

    Can the people be supreme when many MPs have switched sides without representing the people?
    How can a single ordinary lawyer be correct in comparison to benches of judges? Isn't this the very reason for the need for S.C. to give interpretations and intervene?

    Fernandopulle Wednesday, 09 January 2013 07:52 AM

    Not really a lawyer

    An Observer Wednesday, 09 January 2013 07:51 AM

    Who appointed the husband to the government? The self-claimed people of knowledge in the law? Who invited CJ for a meeting to discuss 'finances'?

    Hamlet Wednesday, 09 January 2013 07:49 AM

    If the President is appointed by the People, then He must listen to the Voice of the People. He cannot act according to His wishes and think that He is representing the People. Listening to Sycophants who are working to fulfil their own agendas, is not the same as listening to the People.

    Rata Wassa Wednesday, 09 January 2013 06:16 AM

    Dear Janadhipathi Thuma,
    Well said Sir! You said the Chairman's should not keep the cheque book in their pocket all the time and write all the cheques to themselves and should distribute some of the loot to the fellow subjects.
    Can you and your brothers also please hand out few cheques to fellow subjects once in a while? It is a shame you and your brothers eat all the cake, the icing, the plate, the tissues, the spoons, and the wrapping paper while we poor fellows who worked for you get absolutely nothing! Verry happy finally you spoke exactly about how you and your brothers behave, please, learn from this and SPREAD SOME LOVE my dear Sir!
    Love, Rata Wassa

    3i Wednesday, 09 January 2013 07:42 AM


    Ravi Wednesday, 09 January 2013 07:42 AM

    Sir, your family is the most corrupted family in Sri Lanka and your being protected by the most stupidest set of legislators.

    Sudharman Wednesday, 09 January 2013 07:40 AM

    Govt. should prove CJ's accumulation of wealth by corrupt practices as alleged.. This has not been done. Depositing and withdrawing money from an account is not an offence. CJ's husband was given a political appointment as the Chairman of NSB by the President well knowing that he is CJ's husband. possibly expecting favours from CJ. That misfired.

    Rohan1 Wednesday, 09 January 2013 07:33 AM

    One man gets millions of dollar is commision. Another gets millions in 10%. This man takes the pedastal and preaches... Gem of the Indian Ocean creeps into a Banana Republic.

    Rohan1 Wednesday, 09 January 2013 07:29 AM

    How about Rajapakse brothers?

    Clifford Wednesday, 09 January 2013 07:20 AM

    Only GOD Knows what is the best for this country. He will do everything according to his will and time.

    Wasahtha Wednesday, 09 January 2013 07:21 AM

    You should have taken proper action against the husband without violating the rule of law against CJ.

    ravisandu Wednesday, 09 January 2013 07:17 AM

    / The Chief Justice must carry out the orders of the legislature /

    He, he..there is the bone of contention..crux of the matter…it means if she Said ok to all your orders every thing would have been hunky-dory.. Eh Mr. president?

    Can you please show us where in constitution it says so?

    My understanding was that the executive, the legislature & the judiciary are equal in stature…but it seems not to be

    King is always right Wednesday, 09 January 2013 05:15 AM

    Mr President, Judiciary, Constitution & Parliament are three Pillars of a Democratic nation.

    All three (Judiciary, Constitution & Parliament) are to be treated as separate entities.

    What you are trying to do is using your Executive powers to take undue advantages.

    vaidy Wednesday, 09 January 2013 05:33 AM

    The former CJ ignored the supreme court findings and gave a ruling permitting crossovers to play havoc encouraging crossovers for a consideration which has resulted in the controversy of good governance

    Silas Wednesday, 09 January 2013 05:30 AM

    Give it up for the "most popular actor of the century"!!

    lawbunny Wednesday, 09 January 2013 05:31 AM

    that's only for interpretation/consultation as mentioned in the Constitution.

    Sunny Wednesday, 09 January 2013 05:26 AM

    SC as any other leagal document had gone through when it was first introduced and changed later. SC accepted the constitution when it was changed and now says that the constitution is incorrect. What is the logic behind for SC to say now there are problems on the constitution.

    sadachara Wednesday, 09 January 2013 05:28 AM

    He is right,

    Cheif Justice is a degnified position where CJ should not act as a normal citizen. She can't have bank dealings, property dealings allow husband to worki in state organisations etc. Even she should not meet or talk to politicians.

    If CJ cannot maintain the dignity of the position for sure she must leave. Dont expect respect from members of Parliament when you are at fault.

    ahmeer Wednesday, 09 January 2013 05:22 AM


    Ramzeel Wednesday, 09 January 2013 05:24 AM

    Then why does the Parliament refer matters to the Supreme Count for their decision . Hence the Supreme court is SUPREME.

    Sachin Wednesday, 09 January 2013 05:14 AM

    Mr. President we don't need another JR, we need Mahinda only! you seems to be acting like JR since of lately! please don't dictate terms like JR. wake that great man Mahinda who was the fishery minister in late 90s.

    Yehiya KSA Wednesday, 09 January 2013 05:15 AM

    What, When, Whom,Where,& which (to talk)

    WMCJ2013 Wednesday, 09 January 2013 05:31 AM

    Kiyanakota ohomai.
    Karanakota ....????

    Legislation hariya hadanne nathuwa
    SC ekata \i CJ tai banala wadak nae.!!

    gnanasir Wednesday, 09 January 2013 05:14 AM

    Nice bucket full of hogwash.

    Namal KodithuwakkuEn Wednesday, 09 January 2013 05:11 AM

    No one can impeach you other than people of Sri Lanka. you will be our president forever.

    Imtiaz Azeez Wednesday, 09 January 2013 05:10 AM

    Well said Mr. President

    Amal Fernando Wednesday, 09 January 2013 05:09 AM

    Are you trying to change things as your wish? As you do for other things?

    wijebahu Wednesday, 09 January 2013 05:07 AM

    Yes Mr. President, if CJ had given favourable verdicts for Z-score issue and Divinaguma bills you would have ignored her husbands corrupt dealings, as same as SF you would find some faults on people only if they go against you, this is the problem we have with your impeachment, no genuine intention to take action against corruption.

    Machan Wednesday, 09 January 2013 05:03 AM

    Did he say he is a lawyer? Has he read the constitution?

    ANTON Wednesday, 09 January 2013 04:59 AM


    ragu Wednesday, 09 January 2013 04:59 AM

    that means whatever the words coming from your mouth are rules?

    J.D Wednesday, 09 January 2013 04:56 AM

    Yes sir, People power will come behind you very soon... to find a justice to the country.......

    Roshan Wednesday, 09 January 2013 05:58 AM

    CJ is corrupted.Her husband is corrupted. Its clear. Why all these nonsense. she should resign.

    Lankan Wednesday, 09 January 2013 06:11 AM

    According to former Chief Justice Army tribunal is also equialant to Supreme court. ( Kabaragoya become thalagoya when you want to eat).

    Ranjit Wicks Wednesday, 09 January 2013 06:11 AM

    Here starts the final rounds of the bout of the century.

    DOTS Wednesday, 09 January 2013 06:09 AM

    Wijebahu agrees that CJ has to be impeached , but he does not want to be done by MR ....hmmmmm

    philip Wednesday, 09 January 2013 06:08 AM

    God before he destroys someone he first make them mad, this is a classic example.

    sunil edirisinghe Wednesday, 09 January 2013 06:06 AM

    thakkadi !

    Surain Wednesday, 09 January 2013 06:03 AM

    we know who you are ??/?? enough is enough Mr. President . our brains have no cross wires. bullshitting nation is not the answer now.

    Imran Hussein Wednesday, 09 January 2013 05:57 AM

    You right, how can any decent citizen expect respect from Kasippu fellows, Thugs, Rowdies and Beggars.

    Lanka people Wednesday, 09 January 2013 05:57 AM

    We don't like or want you sir have done enough damage to us mentally...time has come to drop the stone you carry....

    SMITH Wednesday, 09 January 2013 05:58 AM

    Peoples choose their leader, based on their speeches and promises. It doesn't mean when a person elected by people, his/her reaction are based/supported by people. I think people in the country should have the right to withdraw their support to chosen leader (Should not be suffered by waiting for another election)

    Mason Wednesday, 09 January 2013 04:43 AM

    Are you leading the country towards dictatorship.

    misunderstood Wednesday, 09 January 2013 05:56 AM

    I thought the supremacy of the Parliament is to make laws, and the independence of the judiciary is to interpret law. This is think is a occasion of interpretation!!!

    Imran Hussein Wednesday, 09 January 2013 05:53 AM

    ....and your too. He will be there forever, but you (people) wont be there to see it.

    Imran Hussein Wednesday, 09 January 2013 05:52 AM

    Its time for you to check your head.

    Gihan Wednesday, 09 January 2013 05:53 AM

    " Pleasant Goat and Big Big Wolf "

    Sam Wednesday, 09 January 2013 05:46 AM

    Only mervin can

    kd Wednesday, 09 January 2013 05:40 AM

    Realy don't understand why these POLITICOS are maling big issue & just putting a black to our own country?? Even the SC had given the verdict that CJ can be impeached but the legal procedure in this regard need to be carried with judicial powers but not by some pupet-politicos in the parliment who not even don't know what "judicial power" means
    So rather dragging this in becomming the laughing stock in the internalional community why can't MR appoint a committe with judicial powers so that findings of PSC can be tested on real legal grounds & if proven guilty even CJ can be punisged as per the ruling given by SC.
    This is the difference when a country does not have a President & MPs who can work with VISION but unfortunately what we have is bunch of politicos who are in a MISSION to end CJ wheather it is right or wrong.

    Mikee Wednesday, 09 January 2013 05:39 AM


    MJ Wednesday, 09 January 2013 05:38 AM

    If anyone one violates law and off course they should be punished and I have no doubt about that. But that person should be given fair trial to defend him or her self. I assume you were a lawyer Mr President. My question is!!!! are you confident that you have given her a fair trial?

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