President
Mahinda Rajapaksa should be impeached under Ch VII –The Executive, Section
38(a), of the Sri Lankan Constitution.
| by Special
Correspondent reporting from Colombo.
( November 14,
2012, Colombo, Sri Lanka Guardian) As the Impeachment of Chief Justice Dr.
Shirani Bandaranayake is on the burner now most Sri Lankan who are aware of the
corrupt practices, offering bribes to Judges and other top officials to deviate
from the Rule of Law, misconduct or corruption involving abuse of power of his
office, and immoral conduct of the President Mahinda Rajapaksa, it has become a
very popular topic at each and every coffee shop around Colombo.
After listening
to all these discussions, my curiosity forced me to open the Sri Lankan
Constitution and check all these allegations they were levelling against our good
President.
This is what the
Constitution of the Socialist Republic of Sri lanka, which was agreed by the
majority in the Parliament, has to say about the impeachment of a President of
Sri Lanka under the same constitution. .
The Constitution
of the Socialist Republic of Sri Lanka -- Chapter VII – The Executive.
Section 38
(a),
Any Member of
Parliament may by writing addressed to the Speaker
give notice of a resolution alleging that the President is permanently
incapable of discharging the functions of the office by reason of mental and
physical infirmity or that the President has been guilty of:
(i)
Intentional violation of the Constitution,
(ii)
Treason’
(iii)
Bribery’
(iv)
Misconduct or corruption
involving the abuse of the powers of his office,
(v)
Any offences under any law
involving moral turpitude and setting out full particulars of the
allegation or allegations made and seeking and inquiry and report thereon by
the Supreme Court.
Is President
Mahinda Rajapaksa guilty under Section 38 (a)?
During the 2010
Presidential Election, there were many reports that a relative of the Rajapaksa
family, who was working for the State Engineering Cooperation as a Volunteer
Consultant was responsible for constructing the: “Carlton Pre-School
Building” along Tangalle Weeraketiya Road, and spend over Rs. 100
million from the SEC Budget as ordered by the President and his wife First
lady Siranthi Rajapaksa.
The persons who
were forced by President Mahinda Rajapaksa to abuse the powers of his office
has left the SEC and gone to their adopted countries, but, as the topic is very
hot, I check the credibility of this
story from known sources and found the information of abusing the powers by the
President to be correct.
President
Mahinda Rajapaksa has ordered the then Chairman and this (Volunteer)
Consultant, to construct the Carlton
Pre-Scholl using SEC money allocated to Vijaya Bahu Maha Vidyalaya in
Weeraketiya Road, Tangalle (Australian Aid Project), after threatening them
that if they failed to construct this building, SEC will not get any more
contracts. Most of the work was completed using SEC labour and money allocated
to the above project. In addition to engaging SEC President has ordered through
Mrs. Rajapaksa to get the SD&CC equipments at the bridge site at Tangalle to
help the construction of the roof work using steel trusses assembled by the SEC.
The same sources
told me that a JCB which was on hire @ Rs: 750 per hour to work at the above
School site was forcibly used by Mrs. Rajapaksa to excavate holes to plant
coconut seeds at their property at Medamulana for over 40 days, and this JCB
alone has cost Rs; 340,000 to the SEC. All
these facilities were obtained from the SEC and the SD&CC Officials and
many others by abusing his powers as the President.
Another very
serious abuse of Presidential powers was
discovered, while probing the activities during the time those two officials
were working for the SEC. President arranged the sale of 2400 perches of land
at the SEC Land in Kiribathgoda for a FDI Project initiated by an Indian
Company. It was reported that the deal
felt apart as the President demanded Rs 400 million for the sale of this
government land belong to the SEC through the then Minister Rohith Bogollagama,
who was responsible for the BOI. It was
discovered that this demand by the Minister Bogollagama was brought to the
notice of the President Mahinda Rajapaksa, and without taking any action he
promoted Bogollagama as the Foreign Minister.
As soon as
these abuses took place the two Sri Lankan born foreigners left the SEC \in
disgust.
Mahinda
Rajapaksa is also guilty according to the public opinion, under S 38(a) (iii) & (iv) for
abusing his powers by instructing the Chairman of the Sri Lanka Ports Authority
(SLPA) Dr. Wickrama to accept a tender violating the NPA Guidelines, (which was
approved by the President himself to keep the tendering process transparent), for the construction of the Hambantota Harbour
now known as Ruhunu Magampura Rajapaksa International Harbour discarding the
Tender procedures as per the NPA and Treasury
guidelines for use of Public Funds, to a single contractor from China selected
and negotiated by Mahinda Rajapaksa as the President, with the said Chinese
Contractors. Since the construction of this harbour it has not brought any
adequate revenue to pay back the massive loan of US $ 380 million obtained for
the construction from the EXIM Bank. Public opinion is that this deal and
many other deals with the Chinese contractors violates the Section 38 (a) (iii) & (iv).
Intentional
violation of the Constitution (S. 38 (a) (i) & (ii).
Public opinion
is very critical about President Mahinda
Rajapaksa “intentionally violated the s. 38 (a) (I) & (ii) by appointing
Mr. Isuru Balapatabedi, son of Judge Jagath Balapatabedi and son-in-law of
former Chief Justice Asoka de Silva, as the First Secretary of a Sri Lankan Embassy in one of the EU
countries, ( without any experience in Foreign Affairs) to help the former
Chief Justice Asoka de Silva’s daughter (wife of Isuru) to follow a post graduate degree in Law,
and this appointment was agreed upon by the former Chief Justice as a “bribe”
to deliver a constitutionally wrong judgement and pronounce that a “Court
Martial” is equivalent to a normal court, to prevent former Army Commander General
Sarath Fonseka retaining his Parliamentary seat as well as other benefits.
Former Chief Justice has narrated in his own words that he is repenting for the
grave constitutional mistake he comitted under duress, to a school friend
recently.
President Mahinda
Rajapaksa intentionally violated the above S 38 (a) (i) & (iv) by forcing
the SC Judge Deepani Jayasundera, who was the Presiding Judge of the White
Flag Case indicting General Sarath Fonseka to deliver a guilty judgment, by
offering Rs. ONE million and a brand new car, as a wedding gift for the
Judge’s daughter and in- addition to officiating at the wedding and
signing as a witness on behalf of Judge Deepani. This constitutes an intentional violation
of the Constitution by President Mahinda Rajapaksa under S. 38(a) (i).
Any Offence
under any law involving moral turpitude. S. 38 (a) (v)
IS President
Mahinda Rajapaksa guilty under the above section for violating moral turpitude
by appointing Mervyn Silva as a Minster of the State who violates the
Constitution of the Socialist Republic of Sri Lanka, and violates the
Sovereignty of the people and hi-jack the moral fabric of the Sri Lankan
society, imposing fear in their minds?
President
Mahinda Rajapaksa is responsible to up hold the Constitution and appoint
persons fit and proper as Ministers of the State to maintain the moral
turpitude. But the appointment of Mervyn Silva as a Minister has violated the
Constitution of the Socialist Republic of Sri Lanka.
IS President Mahinda
Rajapaksa guilty under any law involving
moral turpitude, for not restraining Chairman of the SLBC (Sri Lanka
Broadcasting Corporation) Hudson Samarasinghe to ridicule and attacks on the
judiciary including the minor judiciary. Allowing Hudson Samarasinghe to
ridicule and humiliate members of the judiciary is a violation of the
Constitution and as the President of Sri lanka Mahinda Rajapaksa is responsible
for restraining Hudson Samarasinghe or sack him from the position of the
Chairman of the SLBC (Public funded Institution) if the is not going to behave
himself as the Chairman of the SBC and tender an apology to the Judiciary and
the general public..
Offence under
S 38 (a) (ii) – treason.
It is the public
opinion that President Mahinda Rajapaksa is guilty under S.38 (a) (ii)
for TREASON. The reasons attributed by the general public are very
critical. They feel by allowing KP –Kumaran Pathmanadan -to surrender to Sri
Lankan Army Intelligence officers, when
he was wanted by the Interpol on a RED NOTICE issued by the Indian government,
and keeping him in luxury apartment and providing him , security and other
facilities to communicate with the outside world, knowing that KP is the
present leader of the LTTE and a MASS
murderer and an arms dealer for the LTTE to kill and maimed over 60,000 Sri
Lankan, men women and children, including the Officers and the soldiers of the
tri-services, who was trying to annihilate the LTTE.
It is also the
public opinion that President Mahinda Rajapaksa commit treason by abusing his powers
and intentionally violating the Sri Lankan Constitution to appoint Johnston
Fernando UNP MP, who planned with the LTTE pistol gang members to assassinate the
President , as a Minister of the State after destroying the CID records and forcing
the Judiciary and the CID to release the
‘Four Suspects’ charged on the assassination of the President, by
forcing Johnston Fernando to give false
evidence against General Sarath Fonseka to remove his Ranks and all other
benefits he was entitle to as the former Army Commander at the first CM.
If the MP’s of
the present parliament refuse to take action to impeach President Mahinda
Rajapaksa for all the above and many other crimes he committed violating the
Sovereign rights of the people of Sri Lanka by violating and abusing his
powers, then they should read the famous words of Pastor Nicacoller who was
arrested by the German Gestapo in 1938.
“In Germany
the Nazis first came for the Communist, and I didn’t speak up because I wasn’t
a Communist. Then they came for the Jews and I don’t speak up because I wasn’t
a Jew. Then they came for the Trade Unionist, and I didn’t speak up because I
wasn’t a Trade Unionist. Then they came for the Catholics and I didn’t speak up
because I was a Protestant. Then they came for ME, and this time there was no
one left to speak for me”
First it was
General Sarath Fonseka and after that those brave soldiers who saved the
motherland, this time it is CJ and her husband, who is going to be next?
, of the Sri Lankan Constitution. | by...){kind=link}