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,
(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 officehas 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?