There appears no end to the constitutional and political crisis rocking Sri Lanka for more than a month.
On Monday, Dec 3, the Island nation’s Appeals Court issued an interim order restraining Prime Minister Mahinda Rajapaksa and his ministers from exercising their powers. The order in essence leaves Sri Lanka with no functioning government.
The court posted the case for December 12 and directed Rajapaksa to appear and explain at the next hearing on whose authority he is acting.
Rajapaksa is expected to go knock at the Supreme Court which is already hearing a petition against Nov 9 dissolution of Parliament. The dissolution proclamation stands temporarily overturned.
UNP supremo, Ranil Wickremesinghe, who accuses President Maithripala Sirisena of unconstitutionally removing him as Prime Minister on Oct 26, is amongst the 122 MPs who have moved the Appeals Court. A two- judge bench, comprising Appeals court Chief Preethi Padman Surasena and Arjun Obeysekara heard their plea. .
Ranil side told the bench that Parliament had adopted no confidence motion against Rajapaksa government twice on Nov 14 and again on 16. “Yet Rajapaksa and his ministers have not ceased to function”.
On their part, Rajapaksa lawyers argued their case mostly on technical points. “The country will plunge into anarchy if the cabinet is prevented from functioning”, they maintained.
Judge Surasena rejected the argument. “The damage that would be caused by allowing a set of persons who are not entitled in law to function as the prime minister or the cabinet of ministers or any other minister would be more harmful,” he observed.
Political analysts aver that the court decision though an interim one, clearly undermines the position of Sirisena –Rajapaksa combine
A jubilant Wickremesinghe hailed the Appeals Court order as a “victory for the democracy.” He added: “What we want is to strengthen the democracy and Parliament.”
Rajapaksa camp favours an early election to end the impasse. It hopes to cash in on the ‘follies’ of Unity Government.
On his part, President Sirisena appears desperate to find a way out of the self- inflicted crisis; he is engaged in one round of talks after another with the lead players but neither side appears to be willing for a compromise.
On Monday, UNP leaders met President Sirisena for the second time but the meeting failed to break the deadlock. The delegation presented affidavits from 122 MPs calling for the reappoint of Wickremesinghe as prime minister. Sirisena flatly rejected the demand.
The Tamil National Alliance (TNA), Sri Lanka Muslim Congress (SLMC) and Janatha Vimukthi Peramuna (JVP), are supporting Ranil in his fight against Sirisena – Rajapaksa combine.
In a meeting with TNA leaders, also on Monday, the President reportedly indicated that he would summon the country’s national Security Council. He did not elaborate as to when he would do so. But observers say the move is a clear signal that Sirisena may take on board the military. For what purpose? The coming weeks will provide the answer.
The situation is pregnant with several possibilities. Certainly.
—- by malladi rama rao