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Civil society groups are set to move the courts to seek the supreme court's opinion as to if the PM can be removed or not. Currently, there appear to be two schools of thought on the matter.

After results of the recent LG polls the President is said to be of the stance that following serious setbacks faced PM Ranil Wickramasinghe should step down from his post despite obtaining over 30 percent of the vote when the President’s political party gained less than 15 percent of the vote.

However, the PM has refused to step down claiming that he will continue in his position according to the constitution.

Under these circumstances, contradictory legal opinions as to if the President can remove the PM are being circulated now.

 ‘President has no power’ - Lal Wijenayake

According to Senior legal expert Lal Wijenayake after the 19th amendment to the constitution, the President can only appoint the PM but has no powers to remove him.

But on the contrary Senior lawyer, Kalyananda Thiranagama says the President, in fact, has the power to remove the PM if he so wishes.

Section 46 (1) of the 19th Amendment

Section 46 (2) of the 19th Amendment

According to Lal WIjenayake, the Section 46 (2) of the 19th Amendment has removed the President’s power to remove the PM adding that after the PM’s appointment his future lies with the Parliament. 1

"He can be the Prime Minister as long as he can gain the trust of Parliament, and only a resolution can be adopted to change the Prime Minister through a no-confidence motion".

 Confidence of the parliament

However, Kalyananda Thiranagama argues that the situation mentioned in Section 42 (4) of the 19th Amendment "The MP who has the maximum confidence in Parliament should be made the Prime Minister” in reference to PM Wickramasinghe is now past after the recent LG polls.

 According to Thiranagama the President is able to argue that majority of the people have rejected the PM with those close to him itself calling for his resignations. “This can create a doubt if the PM now has the majority confidence of the house” he said.

Thiranagama says this is possible as the PM spoke of national policies on the election trail as opposed to local government policies.

Section 48 (1) of the 19th Amendment

 But Attorney Lal Wijenayake refutes this claim. He says there is not ‘political reason’ to change to government due to a result of an LG poll.

He says in a recent election in India the party led by PM Narendra Modi won with the slightest margin but this does not mean the government must be changed.

The current cabinet is illegal. The President can therefore consider the cabinet as being dissolved.

Senior Lawyer Kalyananda Thiranagama

JO is now accusing the SLFP of not adhering to the main conditions agreed upon if the JO is to support an alliance government led by the SLFP.

Jo is said to have asked the General Secretary of the UPFA to inform the speaker in writing that the UPFA and UNP MoU is not cancelled.

However, as this has not been fulfilled yet with the National government still functioning the JO is now doubtful about discussions regarding forming a UPFA unitary government.

Could not even secure Duminda’s signature!

Meanwhile, though SLFP MP’s have claimed last night that they have secured 27 UNP MP’s signatures to appoint Nimal Siripala De Silva as the PM the fact that they have not been able to prove this claim has also upset the JO sources said.

MP’s who is said to be supporting the move has met Prime Minister Ranil Wickramasinghe today to ensure that they would not carry out such an act of treason.

The group who are attempting to get De Silva appointed as PM have been unable to even secure the signature of SLFP General Secretary Duminda Dissanayake and 10 others.

SLFP General Secretary, Minister Duminda Dissanayake has said that no decision will be taken against the 8th January 2015 mandate given by the people under any circumstance.

JO being used!

Speaking regarding the current situation a senior MP of the JP expressed his concerns as to if the President is now using the JO to twist the arm of the PM into stepping down from his post.

Political sources say that the President's intention is to remove Ranil Wickremesinghe and make Jayasuriya the Prime Minister.

JO being used :

Speaking regarding the current situation a senior MP of the JP expressed his concerns as to if the President is now using the JO to twist the arm of the PM in to stepping down from his post.

Political sources say that the President's intention is to remove Ranil Wickremesinghe and make Jayasuriya the Prime Minister.

Karu’s stance :

Several representatives of the President including some UNP MPs’ have recently met Jayasuriya recently and called on him asking him to accept the post of PM.

It is reported that MP Chathura Senaratne, the son of Minister Rajitha Senaratne, is playing a pivotal role in this instance.

Several diplomats are said to have also enquired on Karu’s stance while requesting him to intervene to prevent a similar situation as that of The Maldives.

However, Karu is said to be of the stance that he will not accept the post of PM unless the decision is taken by the UNP.

According to sources Jayasuriya’s name was one of the initial names suggested by the President’s party during discussions to replace Wickramasinghe as the PM.

The internal rift between the President and the Prime Minister over the local government elections has been resolved by noon today, reports reaching isis.lk confirmed.

Accordingly, Ranil Wickremesinghe has agreed to continue his term as the Prime Minister. He has also agreed for Cabinet reshuffle.

It is reported that Susil Premajayantha and a few other SLFP MPs are scheduled to hold a press conference tomorrow and announce their decision of joining the opposition after failing miserably in their attempt to garner enough votes to make Nimal Siripala De Silva the Prime Minister.

Meanwhile, it is also reported that the President has requested the Ministry of Law and Order be handed over to Field Marshal Sarath Fonseka in the Cabinet reshuffle.

It is also reported that several foreign missions have advised the President and the Prime Minister to work together and to continue the good governance government.

It is reported that SLFP General Secretary Minister Duminda Dissanayake has shot down speculations which said that he is prepared to support former President Mahinda Rajapaksa in the event of a SLFP-JO government.

Dissanayake said that he is unwilling to stand with Mahinda Rajapaksa on principle as the latter’s policies had not changed to this day and will not compromise his principles simply to secure power and betray the January 08 mandate.

He had also reportedly said that it is better to walk on the street naked than to align with the nefarious and corrupt Rajapaksa regime. The Minister had made these remarks while speaking to his personal staff.

The Sri Lankan government on Friday (16) released 109 of the 136 Indian fishermen who were arrested on charges of poaching in the country’s territorial waters. The released fishermen are likely to be repatriated in the coming days.

These fishermen were arrested by Sri Lanka’s naval agencies after Pongal (mid-January). After being produced in courts, they were remanded in judicial custody and lodged in Sri Lankan prisons.

Four fishermen were released on February 9 on humanitarian grounds when the son of one of them died in Mandapam due to a sudden illness. These fishermen were repatriated on February 10.

As many as 109 fishermen were released on Friday. Fishermen activist U Arulanandam of the Alliance for Release of Innocent Fishermen in Pamban said 30 fishermen had been released by a Point Pedro court while the rest of 79 fishermen had been released by a Kytes court. “Twenty seven fishermen from Tamil Nadu are still lodged in Mannar and Jaffna prisons,” he said.

Lawyers for Democracy (LfW) in statement today, clarified the constitutional provisions governing the appointment and removal of a Prime Minister, in view of the misinformation created after the results of the recent elections to local authorities.

As per Chapter VII of the Constitution, as amended by the 19th Amendment to the Constitution, the President shall appoint as Prime Minister the Member of Parliament who in the President’s opinion is most likely to command the confidence of Parliament. This provision comes into operation in case of a new parliamentary election or when the position of Prime Minister becomes vacant.

However, they point out that prior to the 19th Amendment, the President had constitutional power to remove a Prime Minister, but the 19th Amendment took away that power. Therefore, the President does not any more enjoy constitutional authority to remove a Prime Minister.

Following Parliamentary traditions, the only way to "remove" a Prime Minister is to successfully move a No-Confidence Motion against him in Parliament. Under the Constitution, the President has no role in such a process.

Once a Prime Minister is appointed, the only way in which he can cease to hold office is in terms of Article 46(2) if he (a) resigns his office by a writing under his hand addressed to the President; or (b) ceases to be a Member of Parliament, or if the Cabinet of Ministers is dissolved in terms of Article 48(2) pursuant to the Statement of Government Policy or the Appropriation Bill being defeated in Parliament, or upon the passing of a motion of no confidence against the government.

Former President Mahinda Rajapaksa has informed Prime Minister Ranil Wickremesinghe that the joint opposition is prepared to offer its full support to get the required two thirds majority in Parliament needed to abolish the executive presidential system, sources from the UNP headquarters in Sirikotha said.

It is reported that a powerful businessman with close personal ties to both Wickremesinghe and Rajapaksa had acted as the messenger.

However, a senior official from Sirikotha, when inquired about the possibility of an agreement between the Prime Minister and the former President to bring a motion of impeachment against President Maithripala Sirisena, dismissed such claims stating that they are ‘baseless’.

 Mahinda spoke to me – Ranil admits

Meanwhile, Prime Minister Ranil Wickremesinghe admitted that he received a phone call from former President Mahinda Rajapksa during the press conference held yesterday (16), at the Temple Trees.

Rajapaksa had asked Wickremesinghe whether there was any truth to the rumours going around in Parliament that suggested that he was going to vacate the post of Prime Minister. Wickremesinghe had responded saying that those rumours were incorrect and that there is no such move in the offing.

Question - Did the former President call you?

Answer - He spoke to me last Monday.

Question - Minister Rajitha Senaratne had said that the former President had telephoned you and told you not to quit the post of Prime Minister. However, the former president said that it was a lie. Can you confirm whether you spoke to the former president?

Answer - He spoke to me last Monday. He was in Parliament at that time. He inquired whether there was any truth to the rumours spreading in Parliament about me vacating the post of Prime Minister. I told him there is no such thing and that even at this moment, I am engaged in some official work at the Prime Minister’s Office the Parliament. We discussed some other details after that.

Question - There were continuous allegations levelled against you stating that you had some kind of relationship with former President Mahinda Rajapakse while protecting him along the way.

Answer - I will not protect anyone. I know Mahinda very well. There is no other connection other than talking about things. I was able to speak to any Parliamentarian when I was Opposition Leader, the Prime Minister and the Leader of the House.

Colombo Fort Magistrate Lanka Jayaratne ordered Former Governor of the Central Bank of Sri Lanka (CBSL) Arjuna Mahendran to appear before Criminal Investigations Department (CID) on or before March 08.

The time period given to Arjuna Mahendran to appear CID to make a statement terminated yesterday (15). Colombo Fort Magistrate Lanka Jayaratne on February 05 issued notice on Arjuna Mahendran to appear before courts within 10 days. However, Mahendran, who is reportedly in Singapore, failed to arrive in Sri Lanka and to appear before CID by yesterday (14).

On February 12, Colombo Fort Magistrate granted permission to Criminal Investigations Department (CID) to obtain statements from Perpetual Treasuries Limited (PTL) beneficiary owner Arjun Aloysius and its Chief Executive Officer Kasun Palisena who are currently under remand custody.

The Court issued a written order to the Prisons Superintendent asking him to allow the CID to record the statements from February 13, 14, 15. Colombo Fort Magistrate Lanka Jayaratne made this order after considering the request made by CID from Court, to obtain statements from the suspects for further investigations.

Source : Ada Derana

 It is reported that the Criminal Investigation Department is facing many impediments with regard to the arrest of suspects connected to the killing of senior journalist Lasantha Wickrematunga.

Although the CID has already identified a top ranking official of the Army Intelligence and other officers, they are being obstructed by a powerful person connected to the executive branch of the government.

A retired Senior DIG of Police and the then Crime OIC of the Mount-Lavinia Police have already been arrested and remanded in connection to the murder.

(Ravaya)

Joint opposition MP Kumara Welgama said President Maithripala Sirisena has assured he would consult the Attorney General and legal experts on the possibility of removing the current Prime Minister from his post.

The MP told made this statement to the media after a discussion was held between the President and the JO while adding that the President requested them to accept ministerial portfolios. “However we refused to do so,” he said.

Leader of the United National Party Prime Minister Ranil Wickremesinghe said the party will undergo a major restructuring programme in a bid to build a new generation of future leaders.

The Prime Minister made these remarks at a press conference held at the Temple Trees yesterday (16).

When questioned by a journalist about the prevailing situation in the party due to his long tenure as the UNP leader, the Prime Minister responded by reiterating that reforms would be implemented within the party to enable a new generation to take over the leadership.

The Premier emphasized that the current unity government would continue to administer the country while protecting the January 8th mandate.

In response to a question raised by the BBC on statements calling for his resignation, the Prime Minister said that he would continue to function as the Prime Minister according to the Constitution.

Co-Cabinet spokesman Minister Rajitha Seneratne has categorically denied the front-page news article carried out by Lankadeepa yesterday (15), stating that he did not mention anything even remotely related to what was reported in the newspaper.

Lankadeepa had published an article on the front page with the heading, ‘Cabinet reshuffle- President decides to allocate Finance, Law and Order to the SLFP: Rajitha says’, quoting Minister Senaratne at the Cabinet decisions press briefing held yesterday at the Government Information Department.

Issuing a media release, Minister Senaratne claims that the article in question was incorrect and said that this was a serious fake news article.

The Minister further said that anyone can find the full video of yesterday’s Cabinet press briefing by visiting the Government Information Department website to alleviate any doubts with regard to what he had said.

He further requested Lankadeepa to issue a correction giving the same prominence it did to the fake news article.