Breakdown Of Rule Of Law In Unfathomable Scale In MR’s 3rd Term Attempt

By Nagananda Kodituwakku –May 7, 2015

Nagananda Kodituwakku

ByByIt is for the first time the readers are given an opportunity to learn this extra-ordinary moment of history during the run up to the Presidential Election 2015, and about the person who had fought a lone battle against all odds in order to safeguard the sovereign rights of the people.

President Rajapaksa’s dubious reference to the Supreme Court

The 18th amendment to the Constitution was initiated by President Mahinda Rajapaksa to remove the two-term restriction, enabling him to contest for a further term. However, the 18th amendment did not contain a retrospective provision, applying to a President already holding the second term in office. Based on this issue there was a serious and plausible argument that President Rajapaksa was not qualified to contest for a third term.

Suspicious reference to circumvent the disqualification

In this background President Rajapaksa was compelled to make a reference to the Supreme Court under the Article 129 of the Constitution, seeking its opinion on his qualifications for a third term. However, this reference was on a matter purely affecting President Rajapaksa in his ‘personal capacity’ and the Court, should not have allowed itself to become entangled in such affairs, compromising its dignity and integrity. In the absence of any ‘public importance’ attached to the two questions referred, the Court, being the guardian of the people’s judicial power, should have rejected the said reference.

However, the Supreme Court under the de facto CJ Mohan Pieris, accepted the reference and all judges agreeing expressed its opinion in a very servile language, empowering the President to contest for a third term.

Having had the said vital go-ahead, followed by the ‘divine advice’ given by his personal astrologer, Sumanadasa Abeygunawardena, President Rajapaksa went on to hold an early poll (two years ahead of the terms of office comes to an end) fixing 08th January 2015 for the Presidential Election. In the process the Commissioner of Elections accepted the nomination submitted by President Rajapaksa’s among others.

President’s eligibility challenged in Court

In this backdrop as a Public Interest litigation lawyer, I challenged President Rajapaksa’s nomination in the Court of Appeal by way of a Writ Application (CA/Writs/434/2014) on 16th December 2015. In this case the decision of the Election Commissioner, to accept President Mahinda Rajapaksa’s nominations was the focal issue. I sought a Writ of Certiorari to quash the Election Commissioner’s decision and also a Writ of Mandamus compelling the Election Commissioner to reject President Rajapaksa’s nomination. An interim relief was also sought to suspend the election until the final determination of the Writ Application.Read More