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11-Nov-2016 22:04

Is asking for a third term under the 18 Amendment to the Constitution a punishable offence ?

Though the Supreme Court too is not infallible as it was seen in the wrong interpretation of Article 107(3) in the case of the Impeachment of the Chief Justice Shirani Bandranayake. Mahinda Rajapakse is disqualified from contesting a third time under Article 31(2)of the 1978 Constitution of Sri Lanka under which he was elected for the first and the second terms.Therefore they try to hold onto any straw to stop themselves from getting carried away in the present political deluge.It is also a defeat for those anti-Sri Lanka countries of the West who would see in the re-election of Mahinda Rajapase for a third term the slipping from their clutches the chance of the benefits they are hoping to have from a West friendly President of the opposition, from the strategic position of Sri Lanka in the Indian ocean.As Sri Lanka and other countries have pointed out in the Council on several previous occasions, operative paragraphs 2 and 10 of the Resolution are mutually contradictory, in calling on both the Government and the OHCHR to conduct parallel investigations.

What is most regrettable is that the intrusive external investigative authority vested on the OHCHR not only exceeds its mandate, but disregards completely the domestic processes in place in the country.

The Supreme Court that would be called upon to interpret the relevant provisions of the Constitution should not argue on dry legal theories, but by viewing how the changes to the Constitutions should be appropriately interpreted without depriving the people the benefits that they would acquire from having the same President elected for a further term to continue the work that has been acclaimed by the people as beneficial to them.