|
|
Sri Lanka Supreme Courtt throws out JVP plea against Karuna s appointment
Tuesday, 14 October 2008 - 1:31 PM SL Time
|
|
|
The Supreme Court yesterday refused leave to proceed with the fundamental rights violation application filed by the JVP against the appointment of Karuna Amman to Parliament to fill the vacancy created by the resignation of the JVP national List MP, Vasantha Samarasinghe, in June this year.
The petitioner, Tilvin Silva, the Secretary General of the JVP had alleged that the Secretary General of the UPFA, Sirisena, had made an arbitrary decision in nominating Karuna Amman when the JVP had nominated a member of the JVP. A Memorandum of Understanding existed between the SLFP and the JVP, which parties formed an alliance, called the UPFA.
The Court said that the actions of the Secretary General of the UPFA do not constitute executive or administrative action, under article 126 of the constitution, which refers to fundamental rights.
Further, the Elections Commissioner, who was also made a respondent in the petition, could not take note of a private agreement between two political parties. Hence, his action in appointing Karuna Amman could not be challenged under Article 126. Thirdly, the petitioner had alleged that Karuna Amman was convicted of an Emigration/Immigration offence in UK. He could not sit in parliament. The Court said that penal offences were effective within territorial waters only. The Sri Lankan Courts could review offences committed in Sri Lanka only.
The petition was dismissed. It was supported by Viran Corea appearing with Suren Fernando, instructed by Sunil Watagala.
The Deputy Solicitor General, Indika Demuni de Silva, appeared for the Attorney General and the Commissioner of Election.
The Bench comprised Chief Justice Sarath N. Silva, Justice K. Sripavan and Justice P. A. Ratnayake.
|
|
|
Ruhunu
Joined: Jul 2008
Posts: 454
Member Profile
|
 14 Oct 2008 16:04:44 GMT Report for Abuse
|
Good judgement!
In addition to the legal side, JVP should understand that this Karuna appointment is good for the country.
Karuna can play a big role that no JVPer can play in the parliament right now !
Edited By - Ruhunu - 14 Oct 2008 16:11:42 GMT |
Vishnu
Senior Member
Joined: Mar 2005
Posts: 1873
Member Profile
|
 15 Oct 2008 01:10:42 GMT Report for Abuse
|
Thirdly, the petitioner had alleged that Karuna Amman was convicted of an Emigration/Immigration offence in UK.
We kept on reminding LTTP supporters that colonial times are over. Sad, now that we have to do it with JVP too.
Edited By - Vishnu - 15 Oct 2008 01:11:14 GMT |
Damed
Senior Member
Joined: Jun 2006
Posts: 4963
Member Profile
|
 15 Oct 2008 01:27:37 GMT Report for Abuse
|
Another nail to JVP coffin.
GOSL has shown their sincerity to wards democratic means. |
kiwikanga
Senior Member
Joined: Nov 2005
Posts: 2394
Member Profile
|
 15 Oct 2008 04:24:11 GMT Report for Abuse
|
It is obviously clear that the actions of the party general secretary did not constitute an 'executive or administrative' act when Karuna was nominated from the national list. The party general secretary acted not in the capacity of excercising a State 'executive or administrative' act but as the GS of the party, which is not a State arm.
The likely cause of action (if at all) would have been in the District Court on the basis of a breach of the terms of the agreemnts entered into between the JVP and the PA/UPFA where the JVP could have said that they had the right to nominate a candidate to the vacancy and not the PA/UPFA.
Edited By - kiwikanga - 15 Oct 2008 04:25:39 GMT |
Sam007
Joined: Aug 2005
Posts: 363
Member Profile
|
 15 Oct 2008 08:03:00 GMT Report for Abuse
|
I keep hearing from my Tamil friends about how Karuna still have connections with LTTE. Lot of them say this a ploy by Karuna to capture more power than VP in the north and the east. When you are in Parliament sitting with the Government there is lot of power, he will have more inside information. It seem the Tamil friends don't like him that much.
The question is why? They don't like him cos he is not with LTTE or they don't like him cos he is trying to do something for the Tamils in the east and the north?
If Karuna genuinely want to work for the country it was a good move to bring him to the Parliament. This a good example and send a signal to VP what he could have achieved his brothers and sisters if he had laid down arms and come to politics. |
Vishnu
Senior Member
Joined: Mar 2005
Posts: 1873
Member Profile
|
15 Oct 2008 08:21:01 GMT Report for Abuse
|
This a good example and send a signal to VP what he could have achieved his brothers and sisters if he had laid down arms and come to politics.
If Prabakaran is able to get signals he should have long time ago. It was Napalese Maoist leader who emjoyed a sweeping election victory after coming out of the jungle.
The problem is prabakaran does not receive decent signals. All he believes in is a Military solution. Nothing beyond than that can be talked about as long as he is alive. |
kiwikanga
Senior Member
Joined: Nov 2005
Posts: 2394
Member Profile
|
15 Oct 2008 08:43:49 GMT Report for Abuse
|
I keep hearing from my Tamil friends about how Karuna still have connections with LTTE
I wouldn't be surprised if all this is a long term plan of VP to get the LTTE into the parliament AND the security forces using Karuna whom we are made to beleive is a defector and rival of VP. WHO KNOWS?!! |
alwaysalion
Senior Member
Joined: Nov 2006
Posts: 3874
Member Profile
|
 16 Oct 2008 13:15:36 GMT Report for Abuse
|
| Not throws out but should have thrown them into JAIL! |
kiora
Joined: May 2006
Posts: 247
Member Profile
|
17 Oct 2008 02:33:36 GMT Report for Abuse
|
| Karuna Sri Lankan PM in waiting for now then the bigger prize joint President of Sri Lanka. |
|
Search All News and Discussions