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North-East merger illegal: SC
Tuesday, 17 October 2006 - 5:27 AM SL Time

The Supreme Court yesterday ruled that the proclamations issued by the then President enabling the Northern and Eastern Provinces to operate as one administrative unit and be administered by one elected council were null and void and had no legal effect.

Chief Justice Sarath N. Silva with Justices Nihal Jayasinghe, N.K. Udalagama, Raja Fernando and N.G. Amaratunga agreeing also ruled that the failure of the then President to appoint a date by order published in the Gazette for the establishment of a Provincial Council for the Eastern Province was an infringement and continuing violation of the petitioners` fundamental right to equality.

The court observed that the proclamation made by the then President declaring the Northern and Eastern Provinces as one administrative unit was made when neither of the conditions specified on Section 31(1)(b) of the Provincial Council Act as to the surrender of weapons and the cessation of hostilities was satisfied. Therefore the court ruled that the order must necessarily be declared invalid.

The judgment stated that the 13th Amendment which introduced a new Chapter XVII A to the Constitution provides for extensive devolution of legislative and executive power to Provincial Councils.

It also stated that although the Amendment was certified on 14.11.1987 and a Provincial Council was established for the Eastern Province and each of the other 8 provinces by order dated 3.2.1988, a Provincial Council has not been established for the Eastern Province by an election of members as required by Article 154 A (2) of the Constitution due to the imposed merger.

The court ruled that the right to have a Provincial Council constituted by an election of the members of such Council pertained to the franchise being part of the sovereignty of the people and its denial was continuing infringement of the right to the equal protection of the law guaranteed by Article 12(1) of the Constitution.

The Petitioners, JVP Parliamentarians Jayantha Wijesekera and L.K. Wasantha along with A.S. Mohamed Buhary of Sammanturai had filed separate petitions seeking a separate Provincial Council for the East.

K.Thambiah of Trincomalee, Vettivel Jayanthan of Ampara, United Socialist Party leader Siritunga Jayasuriya and N. Thillayampalam of Ampara had filed intervenient petitions.The JVP petitioners had ask the court to declare that the Proclamations issued by former President J.R. Jayewardene on September 2 and 8, 1988 enabling the Northern and Eastern Provinces to be one administrative unit administered by one elected Council and purported amalgamation of the Northern and Eastern Provinces were null and void.

They had also sought a declaration from the court that the failure of the President to appoint a date by order published in the gazette for the establishment of a Provincial Council for the Eastern Province was an infringement and a continuing violation of their fundamental right to equality. They asked that such an order be directed to be made by the President.

They had sought another declaration from the court that the consequential failure to afford the petitioners and other inhabitants of the Eastern Province an opportunity to exercise their right to vote at an election for membership of the Provincial Council of the Eastern Province was a denial of their right to equality and equal protection of the law.

They asked the court to declare that two separate persons be appointed by the President as Governors of the Northern Province and the Eastern Province. President`s Counsel H.L.de Silva, S.L. Gunasekera and Gomin Dayasri and Manoli Jinadasa instructed by Paul Ratnayake Associates appeared for the petitioners. Additional Solicitor General P.A. Ratnayake with Deputy Solicitor Generals Anil Gunaratne and A. Gnanathasan and Senior State Counsel Indika Demuni de Silva, Janak de Silva, Milinda Gunatilake and Nerin Pulle appeared for the respondents. President`s Counsel K. Kagag-Iswaran with M.A. Sumanthiran, Batty Weerakoon, L. Jeyakumar, Percy Wickremasekera and Lal Wijenaike appeared for intervenient petitioners.

Related News Articles:
2-5-2006   Constitutional solution to North-East conflict

Source(s)
• Wijeya Newspapers

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justman
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16 Oct 2006 22:58:18 GMT  Report for Abuse   
United(as a nation and it's people)we stand,divided we fail(Fall).
Edited By - justman - 16 Oct 2006 22:59:09 GMT
Gaja
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16 Oct 2006 23:13:03 GMT  Report for Abuse   
The Supreme Court is indicating that it has acted in breach of the Doctrine of Separation of Powers. The Time Table through which matters are heard - must be impartial and ought to be strictly on merit basis.

Little wonder Tamils want their own system of Justice. With this Sinhalese system, one would get distracted from Truth.

Gaja Lakshmi Paramasivam from Australia
Vishnu
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17 Oct 2006 01:34:10 GMT  Report for Abuse   
Gaja,
I didn't know there is a Sinhalese Justice system in Sri Lanka. What I knew is that it was abolished 200 years ago with the departure of the last of our kings.
Furthermore, I am willing to know the preferred justice system of Tamils.

BTW, Kasippu mudalali of my village has a similar attitude towards the same (Sinhalese, as you may call it) justice system. I wonder why?
Edited By - Vishnu - 17 Oct 2006 01:37:03 GMT
kanthun
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17 Oct 2006 01:38:33 GMT  Report for Abuse   
The Sinhalaese Supreme court neither has the jurisdiction nor the authority to rule on matter pertaining to Tamil Eelam!
Pera
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17 Oct 2006 01:41:10 GMT  Report for Abuse   
Good.

Now Sungoat has lost two third of his claims.

Cheers

PERA
magha
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17 Oct 2006 04:58:26 GMT  Report for Abuse   
The Supreme Court is indicating that it has acted in breach of the Doctrine of Separation of Powers.


SC has not acted in breach of any thing here. The doctrine of Separation of power was not in the constitution at the time of the proclamation issued by JRJ enabling the North and East to merge. Since it was unconstitutional it had been ruled null and void.

Sharing of power or devolution of power is an essential element to establish peace in the country. Provincial council act enables that to a certain degree but may not be adequate under the present circumstances. Hence a constitutional amendment is necessary to over ride the existing clauses in the present constitution. This is the very reason the incumbent President MR is trying to reach a non partisan multi party consensus on this issue. If such a consensus is achieved but rejected by LTTE then Tamils will be the losers.
Gaja
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17 Oct 2006 05:11:11 GMT  Report for Abuse   
Vishnu,

I didn't know there is a Sinhalese Justice system in Sri Lanka. What I knew is that it was abolished 200 years ago with the departure of the last of our kings.
Furthermore, I am willing to know the preferred justice system of Tamils.


The Sri Lankan system as practiced through majority vote is the Sinhalese system. The Tamil system is Thesa Vallmai.

BTW, Kasippu mudalali of my village has a similar attitude towards the same (Sinhalese, as you may call it) justice system. I wonder why?


You mean he is as International as I am? Then he must be responsible for the booming drug trade at the International level.

love
gaja
Gaja
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17 Oct 2006 05:13:46 GMT  Report for Abuse   
Magha,

SC has not acted in breach of any thing here. The doctrine of Separation of power was not in the constitution at the time of the proclamation issued by JRJ enabling the North and East to merge. Since it was unconstitutional it had been ruled null and void


The doctrine of separation is a fundamental pillar on which democracy has been built. According to this, the Executive Government cannot interfere with Judicial outcomes and v.v. It's like saying that Doctors should not interfere with Administrative outcomes and v.v.

WE have had this all along in auditing where the auditor is barred from participating in Management of the client. Both must produce their outcomes independent of each other. This helps us not to have to do the other's work but to focus in producing the best outcomes we can.

Under autocracy this division was not very visible because we followed the leaders and separation was a sin.

You say
Sharing of power or devolution of power is an essential element to establish peace in the country. Provincial council act enables that to a certain degree but may not be adequate under the present circumstances. Hence a constitutional amendment is necessary to over ride the existing clauses in the present constitution. This is the very reason the incumbent President MR is trying to reach a non partisan multi party consensus on this issue. If such a consensus is achieved but rejected by LTTE then Tamils will be the losers.


The system of democracy recognizes majority vote. Where majority vote is based on opinions rather than feelings / Personal Truths, we weaken the system.

It's like in Planning & Budgeting. We start of with a plan that represents common thinking so that all participants could identify with the structure and direction. But was actuals evolve we need to adjust on the basis of that Truth so that the participants continue to identify with the outcomes and feel ownership.

The change at this time seems to be to divide and weaken Tamils. But when Tamils are educated about the Truth the GOSL is the loser - because Tamils would report directly to the International Community through unofficial paths - including economic paths.

When I win my case here in Australia - that would help Tamils file similar cases for compensation for racial discrimination by the GOSL and its agencies. THAT is the value of intuitive connection. When one achieves others would automatically feel empowered. That is the power of One / Truth.

By exposing the government we would be helping Tamils empower themselves.

love
gaja
Edited By - Gaja - 17 Oct 2006 05:24:40 GMT
Shakti
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17 Oct 2006 05:55:35 GMT  Report for Abuse   
All,

Separation of North and East of course is GOOD. Nobody can argue against that decision. North and East are two provinces with very DIFFERENT socio political economical conditions. There is no logical reason to consider both as a single unit.

However, what is BAD is the intention behind this demerger. This is the first attempt to bring Karuna to power in the Eastern province. This is stupid. This Karuna is a prostitute nobody should ever trust. Anybody who tries to sleep with this prostitute is in heavy risk to catch and STD.
Mucha-linda
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17 Oct 2006 06:05:32 GMT  Report for Abuse   
The Tamil system is Thesa Vallmai.


GAJA,

Thesawalamai is not a Sri Lankan Tamil thing, but a system of law forcefully implemented in peninsular Jaffna by Imperialists Dutch as an incentive to Vellalars who migrated from Tamilnadu to continue their stay here. This law was codified by Dutch Lieut. Col. Nagel in 1707 (not by any Arya Chakrawarthi) under the heading 'The Malabar Laws and Customs'. As name implies, this is a law adopted from Malabars.

However, my point is not that. Even if Thesawalamai is 'the' Sri Lankan Tamil Systems of law, still there is nothing for you to worry about demerging North from East, since it has never been implemented anywhere in the East since your Dutch masters first introduced it.

-Muchalinda

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