Date CBK or Ranil

Ika returns to the national scene; t calls Karu to congratulate him Premadasa continues to rock UNP; insists it must be Wickremesinghe or himself for the presidency

that were raised. Wickremesinghe noted that nominating Karu Jayasuriya as a 'common candidate' would anger Deputy Leader Premadasa. Hence, he was not in favour. This was in the light of Premadasa's pronouncements that it should either be Wickremesinghe or him. However, the UNP national leader opined that Premadasa may not have objections to 'someone from outside' like Chandrika Kumaratunga.

Now that task of persuading Kumaratunga to become the presidential candidate has fallen on Samarawickrema. Whilst he has spoken on the subject with her, others conducting a dialogue include Wickremesinghe and Ven. Maduluwawe Sobhita Thera. A UNP source said Kumaratunga has asked for three days to respond to Samarawickrema's appeal. However, other sources said she is steadfast in her conviction that she would not contest any elections in view of pressure from her children who are in Britain. Some UNP lawyers opined that legal questions could also arise if Kumaratunga came forward as a presidential candidate. They cited the Water's Edge case where she was convicted and fined three million rupees by the Supreme Court on allegations of corruption during her tenure in office. In such an event, the question in UNP circles is whether the mantle would fall on Karu Jayasuriya, a choice which Wickremesinghe is not in favour lest it anger Premadasa. It is Samarawickrema's assignment now to bring together other opposition political parties to support a 'common candidate.'

Jayasuriya received a telephone call yesterday from President Rajapaksa amidst media speculation that he was also a likely candidate. "Mang kathaa karanney subapaththana (I am calling to wish you)," he said.

Jayasuriya was to reply that "Eya gena pakshaya thawama theeranayak arang nehe or the party has not taken a decision on the matter." Rajapaksa went on to say that he had even asked Jayasuriya's son-in-law Navin Dissanayake (a Cabinet Minister) to support Jayasuriya since he believed in family unity. Jayasuriya responded by saying that he did not discuss politics in the family - - much the same as the tradition followed by the late Premier Jawaharlal Nehru in India.

Other than the proclamation, possibly on November 19 for presidential polls, there is a bigger deadline for Samarawickrema. He would have to wrap up a 'common front' and agree on a 'common candidate' within a week, just before Samaraweera returns from Singapore. That is the unwritten understanding reached if he were to change his decision to cross over. If that does not happen, Samaraweera is sure to join the UPFA Government ranks though he may sometimes delay his return from Singapore by a few days to give Samarawickrema more time. Hence, the former UNP chairman is working overtime.

Whether Samaraweera returns to the UPFA fold or chooses to remain, there is little doubt that the crisis within the UNP will deepen. That is with only seven weeks to go for January 2 presidential polls. Firstly, Premadasa is steadfast that it should be either Wickremesinghe or him who should be the presidential candidate. He is demanding the leadership of the party to defeat President Rajapaksa. Yet, Premadasa rejected a request by Kurunegala District parliamentarian Ashoka Abeysinghe to come forward as the presidential candidate. He admonished him for coming up with such a proposal in the lobbies of Parliament. Abeysinghe, a Premadasa loyalist, had said he was willing to originate a petition from UNP parliamentarians urging them to support him.

Even Premadasa's promoter, DNA parliamentarian Tiran Alles, was angry. He telephoned Samarawickrema to ask "what is going on?" sniffing for information. Samarawickrema was to snub him by saying that he was free to speak with anyone he wanted and did not have to reveal them. Premadasa told a trade union meeting in Siri Kotha on Wednesday that the party had decided that Wickremesinghe would be the party's presidential candidate. It seemed only Premadasa was announcing Wickremesinghe's candidature when Wickremesinghe himself had not. His remarks drew an angry retort from Colombo District parliamentarian Ravi Karunanayake. He told the BBC's Sinhala service Sandheshaya, "There are some persons in our party trying to get rid of us. I wish to tell these people not to spread rumours. There were similar claims earlier. Since we can take up these matters we have been able to tolerate it. The Government tries to take advantage of this. There are about 25 to 30 Government members trying to come to us. There are people in our party who oppose a 'Common Programme.' There are persons in our party who are happy to see us defeated." In a related development, Samarawickrema telephoned his critic Karunanayake this week to seek his support in his initiatives. Weeks earlier, the latter had accused the former UNP Chairman of being a UNPer by day and UPFA supporter by night. There was also camaraderie between them as they chatted together with Thalatha Athukorale MP and frontline women's leader at Siri Kotha on Friday evening.

Also on Friday evening, the "G-20" group of the UNP tasked to oversee matters relating to the presidential poll met at the parliamentary complex. Wickremesinghe who presided announced that the signing of a Common Minimum Programme with Opposition political parties was being finalised. An agreement is to be signed, he said. A rally by those who ascribe to the programme is being held on Wednesday. JHU's Ven. Athureliye Rathana Thera had wanted the event held at the Hyde Park. However, Colombo Municipal Commissioner Badrani Jayawardena had turned it down on the grounds that it has been given to another party. Ven. Rathana Thera walked into her office on Friday to lodge a protest. Now, Ven. Rathana Thera has obtained the Muttiah Park overlooking the Beira Lake and near the Gangaramaya Temple.

Wickremesinghe made no mention to the "G-20" members which candidate the party would support but declared that the UNP should get its team together and ensure that the members co-operate fully in the party's approach. One of the notable absentees at the meeting was Premadasa. With the new programme in mind, Wickremesinghe also held a meeting on Friday night with former General Sarath Fonseka, now leader of the Democratic Party, at a private residence in Kotte. Fonseka was to tell him that he would neither support Chandrika Kumaratunga or Karu Jayasuriya. He said his Democratic Party was willing to only support Wickremesinghe. If he did not contest, Fonseka said, his party would field his wife Anoma as a candidate. Wickremesinghe was also to tell him that there is still no formal decision on who the presidential candidate would be. Hence, he asked Fonseka not to rush to conclusions. When the news of this meeting reached another party leader, who did not wish to be identified, he telephoned Wickremesinghe to ask whether he was coming forward as presidential candidate. The UNP leader clarified that he would do so only if Chandrika Kumaratunga declines. Earlier on Friday, Wickremesinghe also had a oneon-one meeting with Venerable Maduluwawe Sobitha Thera.

Already three different groups are scheduled to hold a news conference today to announce their support for a 'Common Programme.' They are the National Movement for a Just Society (Ven. Maduluwawe Sobhitha Thera), People's Movement for Democracy (JVP) and the Pivithuru Hetak (A better tomorrow)-led by Venerable Athureliye Rathana Thera. This group which includes the JHU wants to back Karu Jayasuriya and has said it would otherwise consider fielding another candidate. However, JVP leader Anura Kumara Dissanayake told the Sunday Times, "Our party has not made a firm decision so far whether to take part or not. Our campaign at present is restricted to educating the people that Rajapaksa cannot seek a third term. A final decision whether or not to back a 'common candidate' will be taken only after a proclamation is issued." That raises an immediate question -- whether a 'common front' will eventually fall in place in the light of diverse positions.

Whether Samaraweera chooses to remain in the UNP or leave, one critical factor remains. That is the crisis within the grand old party. With his public pronouncement that the party's presidential candidate should be Wickremesinghe or if he is unwilling, it is none other than himself, Premadasa, the party's newly anointed deputy leader raises new issues. He has also insisted that the party should come forward with its Elephant symbol. Now, the party, for at least this week, appears to have done an about turn. If indeed there is a 'common candidate,' the symbol sure will not be the Elephant. How Premadasa and his supporters will react to such a move remains a critical question. The only certainty is that the party would remain divided and the prospects of Premadasa not getting involved in the polls campaign are very high in such a situation.

SC to rule on MR's third term

On November 5, M.M. Jayasekra, Registrar of the Supreme Court, wrote to the President of the Bar Association of Sri Lanka informing him that the President has referred the following questions for its consideration and for an opinion before November 10. The questions are:

"(a) Whether in terms of Article 31 (3A) (a) (i) of the Constitution, as amended by the 18th Amendment, I, as the incumbent President, serving my second term of office as President, have any impediment, after the expiration of four years from the date of commencement of my second term of office as President on 19th November, to declare by Proclamation my intention of appealing to the People for a mandate to hold office as President by election, for a further term; and

(b) Whether in terms of the provisions of the Constitution, as amended by the 18th Amendment, I , as the incumbent President, serving my second term of office as President, and was functioning as such on the date the 18th Amendment was enacted, have any impediment to be elected for a further term of office."

The Registrar in the letter to the BASL added:

"I shall be pleased, if you could inform to the membership that written submissions in respect of the above mentioned questions will be entertained at the Registry of the Supreme Court until 3 p.m. of 07th November 2014. The written submissions would be tendered to the Registrar of the Supreme Court."

The letter has raised concerns in larger sections of the legal profession. Lawyers say the Supreme Court has chosen to only invite written submissions and not hear oral statements. The fact that a full bench of the SC is likely to scrutinise written submissions, they say, also raises another question. They point out that former Chief Justice Sarath N. Silva has declared that he wanted to challenge the constitutional legality of President Mahinda Rajapaksa contesting for a third term before the SC. Hence, they ask that in the event of the SC rules in favour of the President, allowing him to contest for a third term, who would hear arguments against such a view by the former CJ and any others. Of course, a lawyer backing another term for Rajapaksa argued that if there were valid arguments, there was no doubt the learned judges could change their views after hearing submissions.

These lawyers also point out that Article 129 of the Constitution that empowers the President to refer to the SC "a question of law or fact has arisen or is likely to arise which is of such nature and of such public importance that it is expedient to obtain the view of the SC" in itself is an acknowledgement of the seriousness of the issue and that is a matter of 'public importance'.

The UPFA leadership's strategy in reaching out to Samaraweera, no doubt, is tactically driven to draw him away from his close ally, Kumaratunga and thus deny the UNP a strategist for their propaganda work. As for the UNP, after all the hemming and hawing, it will be no surprise if national leader Wickremesinghe emerges the presidential candidate. This is after all the efforts of Samarawickrema to find an "acceptable" candidate bear no fruit.

Nevertheless, Mangala Pinsiri Samaraweera is a winner either way. On the one hand, he is set to not only conduct President Mahinda Rajapaksa's foreign policy but also become the catalyst for constitutional change. On the other, he is set to remain in the UNP as a formidable member if the party heeds his call for a 'common front' and a 'common candidate.' Whichever way things turn out, Samaraweera has made clear he has not lost his clout.

And while the Opposition is still in search of a 'common candidate', the Rajapaksa bandwagon has started rolling. 'Temple Trees', the official residence of the Prime Minister now used as the President's alternate office (alternate to the Presidential Secretariat) is teeming with party workers and members of various unions and associations brought in in their busloads to interact with the incumbent President.