UNF Entitlements Under The Constitution In Legal Terms To Implement An Interim Administration Explained Comprehensively By One Of Sri Lanka's Foremost Legal Analysts Mr.S.L.Gunasekera

Periscope - Global Sinhala Village For LankaWeb

As reported on the 30th October 2003 on LankaWeb by Mr. Walter Jayawardena, senior correspondent for LankaWeb, the extracts of interview given to the Divaina by one of Sri Lanka's leading lawyers Mr. S.L. Gunasekera has explained in the simplest of binding legal terminology relative to the Constitution of Sri Lanka that there can be no compromises granted by any administration to a group of banned and outlawed armed terrorists and that the very thought or concept currently being promulgated by the Ranil Wickremasinghe Administration in the name of Peace is a grievous error which could be contested at the highest level of jurisdiction.

Senior lawyer and President of the Sinhala Jathika Sangamaya, Mr.S. L. Gunasekera was mincing no words in a strong warning issued to the the Government of Prime Minister Ranil Wickremesinghe when he spoke out "That it had no legal power whatsoever to transfer governing power to an armed terrorist group under an interim government for Sri Lanka's Northern and Eastern Provinces" which not only violated the Sri Lankan Constitution and Justice System but also posed a grave threat to the Nation's Security, Sovereignity and Territorial Integrity.

Ridiculing the very concept of granting an interim administration to the LTTE, Mr.S. L. Gunasekera been quoted in his interview that in a legal and binding sense, the only way of transferring political power to an outside body was through an amendment to the country's Supreme Law by a Two Third majority in the Parliament which is comprehensive and clear cut unless viewed through blinkered vision in interpreting realities or deliberately by-passed in the hope that it may be overlooked by an undiscerning general public which is not an accurate description of the ever alert Sinhala Nation and its proud and accomplished sons such as Mr Gunasekera.

Emphasizing the importance of political power being bestowed through an electoral process only and within the Constitution, it was explained that there are no legal provisions as alternatives towards the indelible legislative and executive power bestowed through an electoral process, where power could be transfered to an outside entity without a mandate from constitutionalised accords which incorporate a Two Third Majority and the will of the people where the body or bodies in power remain in appointed office unless replaced through due process and the laws of the land where the natural order points to elected representatives thereby shutting out any aspirations the LTTE may have towards a back door attempt in collaboration with the UNF to sneak into adminstrative power sharing as the scenario seems to suggest.

Citing an example in the simplest of terms applicable to Sri Lanka, it was pointed out by Mr.Gunasekera that local government bodies did function under the parliamentary system albeit without any real power to function independently and that the Judiciary which only functioned under the current Sri Lankan Structure of Judiciary could not be manipulated by any aspiring incumbent administrative body or its representatives to transfer or delegate power to anyone other than through a Constitution Amendment, illustrating a reasoning which is not only based on statutes and factualities but also on clear cut definitions which clearly outline the implications of such transfering of power as being absolutely illegal and a point for the Prime Minister to ponder upon! as the deliberations of a very concerned Nation continue about his reasoning .Combined with the illegalities of the alienated terrorist group it would seem incongruous that such a transfer was even thought of as it falls within a Sine Qua Non situation which leaves the Prime Minister on very thin ice although he himself is reputed to have a legal background?

Truly the perceptive and knowledgeable mind of very patriotic leanings one associates with Mr. Gunasekera has spoken out in all the wisdom and knowledge imparted to him through the seat of higher academics, learning and legal savvy which has been broadcast to a Nation held to ransom by a group of condemned terrorists where the message is implicit that The Proposed Interim Administration Administration and The Devolution Package to incorporate power sharing with the LTTE as proposed by the UNF Government is ILLEGAL!

Furthermore it has been pointed out by Mr.Gunasekera that the international security net the government was boasting about seemed all but defunct where the LTTE were committing the political murders of their opponents at will where more than one hundred individuals had been murdered so far, since the Ceasefire agreement was signed by the LTTE although conversely there seemed to be an international security net for the protection of Tigers instead, since their name was being removed from lists of terrorist organizations as in the manner of the European Union, with the encouragement of the government and the lobbying for similar removal from other major powers who continue to outlaw the LTTE also an expectation though not openly expressed for obvious reasons other than by LTTE supportives

While the LTTE continue unabated and unchallenged to press home their advantages through the concessions of a somewhat confused and indecisive UNF Administration which has provided a sequential legacy of providing footholds to the LTTE going back to former peers of the UNP at the peak of the insurgency, who have ruthlessly exploited the concessions so misguidedly granted them, they now wait in fervent hope that further concessions will come their way through the Interim Administration which will provide them with a stranglehold of the North and North East of Sri Lanka but a hope which probably would soon be shattered considering the illegitimacies of their demands and the prurient nature of the negotiators.



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