Mervyn Silva must be arrested and produced in courts
by Kusal Perera
Latest news on Mervyn caught every one off guard and in total surprise. There were frantic calls on Tuesday night by many who wanted to know, if the news was right. Some one left a comment for an online news on Mervyn’s removal that said, “Don’t do this. This would rob us, of our popular Sri Lankan identity.”
All that said, the Rajapaksa regime is duly acknowledged for its decision to remove Mervyn Silva from his Deputy Minister’s position and from the SLFP membership. For once President Rajapaksa has shown he is willing to concede to public pressure to politically punish one of his veteran foot soldiers, for doing things too shoddily and to arouse public anger.
This nevertheless brings out more issues now that leads to other logical conclusions, the Rajapaksa regime would not be happy about. Removing Mervyn Silva from his Deputy Minister’s position and from SLFP membership, only proves that President himself had accepted, Mervyn did commit an offence that can not be ignored, as he did when Mervyn stormed the Rupavahini Corporation in 2007 November. It is good, the President accepts it so and it is good too that Mervyn is punished within the political system.
But now, what of his parliamentary seat ? If, as revealed by “Lankapuwath”, Mervyn Silva has been removed from his SLFP membership, he automatically ceases to be a member of the UPFA too. Once he looses his membership of the UPFA from which party he was nominated for the 2010 April parliamentary elections, he ceases to be an elected Member from that list of nominees to the Gampaha District, according to Parliamentary Elections Act No. 01 of 1981 as amended thereafter. Preference votes gained, loses all validity and count, once a candidate loses the political party membership, on which he or she collects those preference votes from.
Therefore, as Secretary (General) of the UPFA, Susil Premjayantha has to inform the Commissioner of Elections of Mervyn Silva’s removal from the party and request for the appointment of the next person in the UPFA list on preferential votes, as MP of Gampaha district. If that does not happen, then it would create a conflict in parliamentary law and would amount to Mervyn Silva as a delisted person, enjoying parliamentary privileges. Any elected MP could therefore raise this issue as a privileges issue, at any parliamentary sittings.
From Mervyn Silva’s side, he could go to Courts asking for an injunction till a ruling is given on his removal. That has many precedents already created, on which he could stay as a MP.
While citizens could wait for a few more days to see the outcome of Mervyn’s political influence in this Rajapaksa regime, President’s decision to remove Mervyn from his Deputy Minister’s job, proves Mervyn has committed an offence that President this time can not ignore. That therefore demands an answer as to why no legal action has not been taken against Mervyn to date.
As every ordinary citizen understands, Mervyn Silva has to be arrested and produced in a Court of Law for the criminal offence committed against the Samurdhi employee in Kelaniya, on 03 August. Witnesses if necessary, could be the police men who were there at the time of roping the Samurdhi employee. With President now accepting Mervyn’s offence, the next logical step should be to initiate legal action, at least now.
This has to be the next issue trade unions, political parties and concerned citizens should raise, immediately. With too many Presidential pardons granted before, the President can not now compromise on his own decision, having accepted Mervyn as continuously breaching the law of the land.
8 Comments
Sri Lankans are deprived of court clown who had cloud within the ruling family. Its a sad day for the people who have been robbed of their favourite joker.
The question is why did the ruling family tolerated this man for so long? Did he know something that we don't know about the ruling family?
This is just an eyewash to silence the protests from Samurdhi. Meantime he probably still enjoys all the perks and security of his position. No doubt he enjoys a privileged position with inside information on the unofficial doings of the regime and cannot be consigned to the WPB.
Ruling family has to depend not only on thugs, but also stooges, turncoats and even betrayers to use their power and (together) make hay while the sun shines.
Sarath
*** Mervyn Silva must be arrested and produced in courts***
Wow, for once I AGREE with Kusal Perera!
Don't worry Gemunu,
Wait for a while. I'll give you Samurdhi portfoio
MRAyya
We are srilankans.We once elected a man called Ranasinha who went on world record for saying that he's
ready to drink soup made out of the slippers of then president R Premadasa.Mervyn type nothig less.
Despite the public censure of Silva and the high-profile sacking from the Ministry and Party, as many people suspected, these appear to be to stave off the heat created by public disgust. Here he is in Kelaniya 2 days ago - with the security of his illegally armed goons and the wimpish Police of the area - in opening up a clock-tower. He had the heavy Kandy Road traffic closed for an hour and paralysed for 3 hours. Where is governance here - leave alone arresting and prosecuting him as rightly suggested by Mr Kusal Perera? Most people think he will be brought back - to terrorise innocents again.
ISS
If Mr. Muzammil is referring to AJ Ranasinghe, as I recall he was not "elected" I believe being very close to Mr Premadasa he came to Parliament on the National List. He was in charge of Tower Hall and then was at our HC in Ottawa - later to be made a State Minister (Information?)
We have had Court Jesters from the time of Sinhala kings. The late Mr Dahanayake had the virtual monopoly of the laughs from post-Independent days in the House but they were more of a serious nature. AJ did not go down to the level of the present lot. Azwer filled the void during the Premadasa's days and he is back again
sharing the stage with Mervyn Silva. In recent years Parliament is more of a joke and now we hear Dates
gifted by the Saudis for the consumption of Muslim MPs and members of the staff during the festive reason is now "missing" Is this some kind of a sordid joke too?
ISS