Gamini Dissanayake (Petitio... - Human Rights Commission of Sri ...
Gamini Dissanayake (Petitio... - Human Rights Commission of Sri ...
Gamini Dissanayake (Petitio... - Human Rights Commission of Sri ...
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<strong>Gamini</strong> <strong>Dissanayake</strong> (<strong>Petitio</strong>ner In Sc 4/91) V. Kaleel, M.C.M. And Others file:///C:/Documents and Settings/kapilan/My Documents/Google Talk ...<br />
<strong>of</strong> the Party. Likewise, they had expressed no criticism or reservation regarding the Executive Presidential system<br />
embodied in the 1978 Constitution, with a view to its abolition or reform or otherwise, except that, according to a<br />
newspaper report produced by the Respondents, Mr. <strong>Gamini</strong> <strong>Dissanayake</strong> (the <strong>Petitio</strong>ner in S.C. 4/91) stated (in<br />
September 1991) that in 1989, at a joint meeting <strong>of</strong> trade unions, he had advocated the abolition <strong>of</strong> the Executive<br />
Presidential system for the solution <strong>of</strong> the problems <strong>of</strong> the country, and that the President was aware <strong>of</strong> this. The<br />
notice was delivered to. the Speaker on 27.8.91, or perhaps shortly before. By a letter dated 28.8.91 the Speaker<br />
informed the President that he had entertained a resolution complying with Article 38 (2) (a) and (b). Neither this<br />
letter nor a copy has been produced, but another document reproduces its contents, as to which there is thus now<br />
no dispute. It. would seem that this letter was originally dated 27.8.91, and then altered to 28.8.91. A copy <strong>of</strong> the<br />
notice itself was not sent to the President. The Speaker's letter was received by the President whilst a Cabinet<br />
meeting was in progress; two <strong>Petitio</strong>ners (Messrs G. M. Premachandra and Lalith Athulathmudali) being then<br />
Cabinet Ministers, were present. A vote <strong>of</strong> confidence in the President was called for, and those present, including<br />
those two <strong>Petitio</strong>ners, unanimously expressed their support for the President by a show <strong>of</strong> hands. However, it later<br />
became known that they supported the notice, and they resigned from the Cabinet on 30.8.91.<br />
According to a newspaper report on 31.8.91 <strong>of</strong> a Press Conference held on 30.8.91, at which Messrs<br />
Premachandra and Athulathmudali were present,<br />
" Asked how it was possible for Messrs Athulathmudali and Premachandra to subscribe to the unanimous<br />
expressing <strong>of</strong> confidence in President Premadasa at last Wednesday's cabinet meeting, Mr. Athulathmudali said the<br />
motion had been signed after the cabinet meeting. "<br />
Another newspaper account <strong>of</strong> a farewell speech by Mr. Athulathmudali to his Ministry staff a day or two<br />
later, quotes him as having said that he did not sign the notice while he was in the Cabinet, but only after resigning.<br />
According to yet another report,<br />
" Mr. Athulathmudali said that at the Cabinet meeting there was a show <strong>of</strong> hands. This happened<br />
subsequently, he said and added 'there is no inconsistency between raising your hand and then <strong>of</strong>fering to resign'."<br />
These reports have not been contradicted. On being asked whether Mr. Athulathmudali signed the notice<br />
before or after the vote <strong>of</strong> confidence, learned President's Counsel, after speaking to him, stated to us that he had<br />
no dear instructions on this point.<br />
On 30.8.91 the President (who was precluded by Article 70 (1) (c) from dissolving Parliament " after the<br />
Speaker has entertained a resolution complying with ' Article 38 (2) (a) and (b)) prorogued Parliament until 24.9.91.<br />
Between 30.8.91 and 6.9.91 the <strong>Petitio</strong>ners commenced a public campaign, reiterating the principal<br />
allegations contained in the notice <strong>of</strong> resolution, as well as other criticisms <strong>of</strong> the President and appealing for the<br />
abolition (and not merely the reform) <strong>of</strong> the Executive Presidential system and the restoration <strong>of</strong> Parliamentary<br />
Democracy making the Executive directly responsible to Parliament. This campaign also revealed that Opposition<br />
Members had been associated with the <strong>Petitio</strong>ners in regard to the notice <strong>of</strong> resolution, and that the <strong>Petitio</strong>ners<br />
desired the widest possible publicity for their views.<br />
On 5.9.91, the <strong>Petitio</strong>ners, anticipating disciplinary action by the Party for expulsion, instituted actions in the<br />
District Court <strong>of</strong> Colombo for declarations and injunctions ; on 6.9.91 they were refused relief. Before they could go<br />
to the Court <strong>of</strong> Appeal, the Disciplinary Committee <strong>of</strong> the Party met the same evening, and recommended expulsion;<br />
a meeting <strong>of</strong> the Working Committee followed immediately thereafter, and a resolution for the expulsion <strong>of</strong> all eight<br />
<strong>Petitio</strong>ners was passed. That resolution recited that the President is ex <strong>of</strong>ficio the Leader <strong>of</strong> the Parry ; that the eight<br />
<strong>Petitio</strong>ners were bound by the Party Constitution and had been elected to Parliament on the Party list ; that in the<br />
District Court proceedings they had admitted signing the notice <strong>of</strong> resolution for the removal <strong>of</strong> the President ; and<br />
then set out the grounds <strong>of</strong> expulsion thus:<br />
AND WHEREAS the signing. <strong>of</strong> the aforesaid Resolution, together with several Members <strong>of</strong> the Opposition in<br />
Parliament, is an act <strong>of</strong> betrayal <strong>of</strong> the Party membership and the confidence placed by the people in the Party and<br />
its leadership at successive elections,<br />
AND WHEREAS after the Hon. Speaker had informed the President he had entertained the said Notice <strong>of</strong> Resolution<br />
under Article 38(2), Messrs G. M. Premachandra and Lalith Athulathmudali had in addition deliberately misled and<br />
deceived the Cabinet <strong>of</strong> Ministers on the 28th <strong>of</strong> August, 1991, into believing that they were ignorant <strong>of</strong> and were not<br />
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