Home » Ranil was upset because Supreme Court decided to examine NPP petitions about the robbery – Watagala

Ranil was upset because Supreme Court decided to examine NPP petitions about the robbery – Watagala

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At a press conference held on the 5th of this month lawyers of the National People’s Power (NPP) condemned the attack on the judiciary by the rulers. We produce here views expressed by lawyers Sunil Watagala, Upul Kumarapperuma and J. M. Wijaybandara. Sunil Watagala of Lawyers of National People’s Power said the press conference wss being held to clarify the facts regarding the massive attack on the judiciary, the independence of the judiciary and the sovereign power of the people in a statement made by President Ranil Wickremesinghe on the 4th at a Coconut Growers’ Association meeting. He has made an unconstitutional, illegal, and unethical statement. He said, “All the electronic media spread that statement. Ranil Wickramasinghe made this statement as if the Constitution is not read correctly or as a deliberate distortion. He says that since Parliament exercises the power of the people, decisions cannot be taken elsewhere. There has been a great debate regarding this statement. The power of the people is exercised by the legislature, the executive, and the judiciary. It is divided likewise into ‘4 a’, ‘4 b’ ‘ and ‘4 c’ of the Constitution. Also, on the first page of the constitution, the section called ‘Swasti’ states that freedom, equality, justice, human rights, and the independence of the judiciary should be implemented through the constitution. According to the Constitution, the President should be appointed by the people’s vote. It is obvious in section ‘4 b’. It clearly states that the executive power of the people should be exercised by a President elected by the people. However, Ranil Wickramasinghe is afraid to read this article. Because of this, he is hiding behind article ‘4a’, which states that the people’s sovereign power should be exercised through Parliament. Ranil was elected by the votes of 134 Members of Parliament, so he avoids Article ‘b’ as well as Article ‘4c’. Section ‘4c’ refers to exercising people’s power through the judiciary. Ranil Wickramasinghe is trying to influence the court in this way because the cases have been filed and are pending in the Supreme Court against the plan to rob pension funds, including EPF and ETF, under the guise of debt restructuring. They are trying to rob this fund by violating the laws that have established EPF and ETF funds contrary to the fundamental rights confirmed by the Constitution. This kind of statement is made because of the fear that an interim order might stop this looting. Ranil and the cabinet have been made respondents in those petitions. The people have to go to court when the rulers of this country loot the property and violate the rights of the people. During JR’s time, judges’ houses were stoned. During Mahinda’s time, Chief Justice Shirani Bandaranaike was removed by impeachment. However, it should be remembered that, eventually, the chairs of the rulers were lost. The rulers who tried to get their hands on the judiciary were left in the dustbin of history. Fearing the people, Ranil is making various attempts to get his hands on the power of the people. The National People’s Power or the lawyers of the National People’s Power emphasize that no matter who is afraid of a man who does not have the mandate to threaten the power of the people, we are not scared. We bow our heads to the judges who work for the independence of the judiciary and request the honourable judges not to be swayed by spineless talk. It is reminded that the power of the people was so strong that the person who came to power after obtaining a popular mandate of sixty-nine lakhs ran away from the back door. Regarding people’s EPF and ETF funds, this issue has been submitted to the Supreme Court through petitions. We strongly condemn Ranil Wickramasinghe’s threat to the actions of the Supreme Court as the head of the executive. We remind you that we will stand for the people’s sovereignty even tomorrow. What Ranil Wickramasinghe does is scaring the judges who are hearing the cases – Upul Kumarapperuma, of Lawyers of National People’s Power Power is divided between the legislature, the executive, and the judiciary. This separation of powers does not say that the judicial power of people cannot be exercised over an arbitrary decision taken by the executive or the legislature, an unjustified decision, or a decision contrary to the Constitution. Judgments have been given regarding cases in deciding certain things based on executive or legislative choices at various times in history. During Chandrika Bandaranaike’s administration, a policy decision was taken regarding ‘Water’s Edge’. An example is the case of Chandrika Bandaranaike Kumaratunga vs Sugathapala Mendis against the decision taken to give ‘Water’s Edge’ to a private institution. Petitions had been submitted that fraud and corruption had taken place in this transaction. In the judgment, President Chandrika Bandaranaike was ordered to pay compensation for violating fundamental rights. Even earlier, the Supreme Court considered the petition that there had been a fraud in leasing the P and O jetty in Colombo port and gave orders that there had been a fraud. At this time, a large number of fundamental rights cases are pending in the Supreme Court and a number of petitions are pending in the Court of Appeal regarding the postponement of local government elections, privatization and debt restructuring. The judges who hear these cases should have the independence to finish the cases. Neither the country’s executive nor anyone else can intimidate and pressure those judges. However, Ranil Wickramasinghe’s speech yesterday says that no one else can give orders to the Parliament. In the Supreme Court and the Court of Appeal, these cases are heard by judges with extensive experience. They are well aware of their territory. In Anura Bandaranaike case, it has been explained well in the judgment. The court will decide at the appropriate time whether the cases are related to a fundamental right of the people or whether the cases are associated with Parliament. The court should have the freedom to hear the case until that decision is taken. There should be no pressure on judges. But what this does is create pressure and scare the judges. Before this, while considering the petition that Mrs Vivian Gunawardena violated her fundamental rights, a decision was made against a police officer. The order was to pay compensation to Mrs Vivian Gunawardena at the personal expense of that police officer. J. R. Jayawardene’s government paid that compensation with government money and sent thugs to the judges’ houses and stoned them. The homes of judges Barnes Ratwatte and Sosa as well as another judge’s houses, were attacked. Instead of recovering the bankrupt country, the corrupt government is trying to recover the bankrupt parties – Lawyer J. M. Wijaybandara In Sri Lanka’s governance structure, the parliament, the cabinet led by the President and the judiciary are the three main institutions. Supreme Court judges hold the primary and sole power to interpret the Constitution silently without informing the media or other institutions about their work. According to Article 118 of the Constitution, this power is assigned to the Supreme Court, and neither the President nor the Parliament has that power. The judicial system is the only place that can investigate matters like debt restructuring or other economic policy decisions or arrest of individuals, import of drugs and violation of fundamental rights of citizens. The Parliament should accept the decision related to Article 86 of the Central Bank Bill during the petition hearing. It should be accepted legally as well as morally. If these three institutions act without respecting each other, it will lead to a Constitutional crisis. Out of the three government institutions in this country, the judiciary is the only institution that has not been distorted. Parliament is 100% perverted. The presidency is 100% perverted. The cabinet is 100% perverted. I will explain how this mutation happened. In the last general and Presidential elections, by the sovereign power of the people, a President and a Parliament were elected. After that, a cabinet and a parliamentary structure were appointed in accordance with the Constitution. Within two years, the appointed government has been disapproved by the people, and the finance minister officially declared in the parliament that the country was bankrupt. Similarly, the very people who elected the government, through a struggle, had rejected it. In that case, the shadow of democracy as well as the sovereign power of voting rights is present throughout the Constitution. Despite that, the finance minister who declared the country bankrupt holds another ministry, and the related cabinet is scattered. Others become ministers. The 147 members of the Parliament on the government side, who got appointed with the promise of building the country, are scattered and are talking nonsense. After the struggle, all the parties, including the Bar Association, Civil Organizations, Religious Organizations, and the Opposition, stated that the country had become anarchy and demanded a non – political administrative action until the government was restored. But, instead of restoring the country, there is a distortion visible in all fields. Instead of recovering the bankrupt country, this crooked government is running a campaign to recover the bankrupt parties. They are trying to violate the Constitution. This effort will not be good for the country or the citizen. In this background, the attitude of the President and Parliament towards the law is very tragic. Speaking in the Parliament regarding the local government election called by the constitutionally established Election Commission, the President declared that there is no such election. After that, he met the court officials in Nuwara Eliya and made another statement regarding the court. While many cases are pending before the court regarding his government, he emphasized something special in his speech yesterday. “I say to minor political parties, don’t act up, I don’t listen to any of them.” How can we decide whether the parties are small or large according to democracy? If so, it will be done according to public opinion. Accordingly, he is the owner of the smallest political party currently in parliament. He has only one seat. In his sense, minor political parties are mocked in that speech not to go to court. If we want, we can dismiss the story of this person from a very minor political party. But he is making this statement as the person exercising the executive power given by the Constitution. The entire country demanded a transitional period of recommended governance, not his twisted politics. It was about to give that power, he jumped to this position through parliamentary distortion and is now running a strange government by appointing the defeated politicians of his party as advisers. Medical experts and experts in other fields are leaving the country because of the tax burden. About that situation, some ministers of his government say that professors should be paid according to the number of hours they teach. In a situation like this, will experts be left in the country? There have been a number of cases involving government policy decisions on pension funds that have disrupted the economy. On the other hand, decisions regarding promotions of the police are being interfered with and decisions are being made regarding military personnel and arrests are being made arbitrarily. The rulers who act contrary to the public opinion exerts an adverse influence on the court, which is the only institution that the citizen can go to seek remedies for distorted situations. If they want, they can make their own decisions about things like whether they eat or not, bathe or not, go to the toilet or wash themselves. But, as a ruler, one cannot make such a statement regarding the powers of the Constitution. Willful violation of the Constitution is a ground for impeachment. These statements about the judiciary being the only body that can decide whether a certain power can be exercised by the executive, the legislature or the judiciary are insane or must be done deliberately with the intention of undermining the Constitution. Is the implementation of the 13th constitutional amendment a priority at this time? But it seems that such things are done with the intention of gaining power in the next election. As the lawyers of the National People’s Power, we condemn the threat to the judiciary by the statements made by this President from time to time while violating the constitution, democracy, and morality. Lawyers in Sri Lanka supported the protests that were carried out democratically without violence. Lawyers spread across the country did that work as a duty. Similarly, as a strong association, the Sri Lanka Bar Association is also requested to come forward for the rights of the citizens and against the mockery of the judicial system.
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