Friday, 21 September 2018

Gajalakshmi Paramasivam

21 September 2018

Is the Chief Minister entitled to the Rule of Law?

To my mind, the core purpose of Law is the development of Commonness in process. Those of us who lack knowledge of the law – have the DUTY to share our Truth in our own language. Truth is the strongest and most reliable power that naturally develops Commonness – including with those unknown to us through common living and /or knowledge. Belief invokes this power. One who has no knowledge of law could be more powerful than one who Believes in the issue. In a court therefore Expression of Belief cannot be of lesser status than that of the  law. Likewise, in Parliament the status of law cannot be less than the status of an expression of belief. In both instances the ‘gap’ between Truth and Structure – becomes invisible power – that motivates us to keep going. Gandhi was rich in this power.

In contrast, Mr CV Wigneswaran -  a former judge of the Supreme Court of Sri Lanka and currently the Chief Minister of Northern Province, is weak in this power. This to my mind is due also to the Chief Minister indiscriminately mixing Judiciary and Executive Government. It is like saying that I am Colombo resident as well as Jaffna resident during the same period. The two can merge at the higher common level. But the credit  must be to the place that is currently seen by her/him as her/his home. This is now an issue before the Sri Lankan courts in relation to the Jaffna Municipal Council elections. One needs to ask whether the any breach by the Chief made a causal contribution to this outcome?

The decisions in the mind of the Chief are effectively her/his actions. A Chief Minister who carries his Judicial status as a crown, is continuously acting in breach of the Doctrine of Separation of Powers between the Judiciary and the Executive Government. This weakens the investment that we the ordinary folks make in democracy in that area/land-space.

It is reported that Mr Wigneswaran’s Counsel needed a Supreme Court-Court of Appeal Rule and mode of procedure to summon his client in terms of contempt of Court. :

[Senior Counsel K. Kanag Iswaran PC took up a preliminary objection based on the Constitution on the jurisdiction of the Court of Appeal to proceed with the Contempt of Court allegation.
President’s Counsel Kanag Iswaran contended that it is not prudent for contempt proceedings in the absence of SC-CA Rule and mode of procedure.
] – Daily FT report ‘
Kanag Iswaran PC takes up preliminary Objection

Mr Wigneswaran’s Counsel contradicted this by the following :

[The liberty of a person under the constitution cannot be deprived except according to procedure established by law which is guaranteed under Article 13 of the constitution and read out in support a passage from the book on Fundamental Rights written by Former Chief Justice Sharvananda, he pointed out.]

The writings outside the current structure of the Court system are valid when they are based on Common Belief in that structure. Hence the validity of Case Laws. The mind structure of Justice Sharvananda within a Court structure is acceptable on the same basis as case law – only to the extent he embedded this in one of his judicial decisions. Such a mind is senior to the current judge. Hence Mr Kanag Iswaran PC, contradicted his own theory that a specific rule was needed by the current Supreme Court-Court of Appeal to act one way or the other.

The Belief of those in that Judicial system is the Chief’s authority until proven otherwise. Belief being Truth based will answer to any problem reliably. In other words, Belief produces the perfect rule.  Article 136 (1)(b) from  which Mr   Kanag Iswaran PC draws authority states as follows:

Rules of the Supreme Court.
136. (1) Subject to the provisions of the Constitution and of any law the Chief Justice with any three Judges of the Supreme Court nominated by him, may, from time to time, make rules regulating generally the practice and procedure of the Court including –
(a) …………………..
(b) rules as to the proceedings in the Supreme Court and Court of Appeal in the exercise of the several jurisdictions conferred on such Courts by the Constitution or by any law, including the time within which such matters may be instituted or brought before such Courts and the dismissal of such matters for non-compliance with such rules ;

No provision in the Constitution has been cited, as preventing expressions of Belief by a Chief from making a decision. In fact Former Chief Justice Mr Sharvananda  did not bring in a rule to bar such action. By leaving it open – Mr Sharvananda has shown respect for the belief of the Chief of the Chief Court to make the decision.

Be that as it may, one needs to examine the state of affairs of the Judiciary in Northern Sri Lanka, during the Administration of  Mr Wigneswaran as its Chief Executive. As per my experience the Chief Administrator of the Mallakam District Court did not need any rule to takeover the Administration of the Estate of our Brother Mr Subramaniam Yoganathan. He in fact made a rule that I needed a court order for him to even receive my letter to the opposition lawyer explaining our interpretation of the decision by the Court of Appeal which was being executed by the lower courts – without a specific order from the Court of Appeal. I wrote as follows to the Chief Administrator of the Mallakam District Court, on 09 September 2018:

[The ‘dismissals’ by the courts did not mean that the Registrar of Court had the authority to ‘Administer’.  During my visit in May this year, when I asked the Registrar of the Civil Appellate High Court – Jaffna about getting that Certificate of Heirship – that Registrar said that our lawyer needed to file a motion for it. When I asked Mr Manivannan who represented us  to do so he said that Mr. Yogendra needed to file the judgment in Mallakam District Court and stated further that Mr Kanagasinghm who represented us in Mallakam District Court had to move the relevant motion in Mallakam District Court. I gave up and then my husband wrote to Mr Yogendra who spoke to my husband but did not say a word about the motions he had been putting through at Mallakam District Court.  But the Lord of Justice whom I bow to each time I am in open Court – revealed to me what has been going on without any word to us from the Mallakam District Court.  As active participants we were entitled to be updated by the Court about such moves. That to me is basic in balanced Administration. …………………….
You confirmed  serious dependence on the Judiciary when you stated that I needed to submit copy of my letter to Mr Yogendra, through a motion.  To my mind, it looks as if you made up your mind about the ‘outcomes’ that would please your seniors and then used the authority of your position to ‘rule’.  To my mind, your duty is to first construct your pathway as per the law – and deliver service as per that structure. We the litigants  are on the other hand entitled to present our Truth – as per our own conscience and where possible within the form outlined by the relevant laws – in this instance the Civil Procedure Code for Administration and Thesawalamai for Succession . If you foreshadow outcomes prematurely – you fail to include our Truth and the Courthouse fails to serve the Public but the staff and the judiciary. Our Truth may or may not be given form by laws – especially laws that are no longer relevant. But Truth will eventually succeed over disorder – which disorder  is intrinsic part of  the minds of those who oppose Truth., including by using irrelevant laws.  This case has confirmed to me that one would be unwise to use the Judicial path in its current structure, towards self-governance in Northern Sri Lanka. THAT to my mind confirms the weak contribution by the current Chief Minister of Northern  Province, who also has indiscriminately mixed Judiciary status with Political powers. To my mind, it is highly likely that you would hear the voice of Mr Wigneswaran – who continues to use his past Judicial status actively to elevate his status.  Like Mr Manivannan, you are also Mr Wigneswaran’s  heir in breaching the Doctrine of Separation of Powers. ]

My regular communications including the above letter, went to both Mr Wigneswaran as well as Mr Kanag Iswaran, who owns a traditional home in Sangarathai-Thunaivi where we have our family temple. Mr Wigneswaran was the Chief Guest at a function where the building he opened was built on by a member of the Diaspora, on someone else’s land. Those ‘disorders’ dilute their investments in law and order through external knowledge. Belief is our root cause of common order. Without belief in order – their disorder driven by selfish outcomes becomes the root cause of their manifestations. Hence the saying ‘Haste makes Waste’.

Thursday, 20 September 2018

Gajalakshmi Paramasivam

20 September 2018

No Ethnic Problem in Sri Lanka – then LTTE are NOT Terrorists

Recently, I had a discussion with a Vaddukoddai person about the difference between ‘Donation & Dowry’. The issue arose due to the testamentary case in relation to the intestate estate of my brother in law Mr Subramaniam Yoganathan. The sisters claimed they were NOT given dowry but received donation. My interpretation was that what was given was dowry and this has been upheld by many case laws in Sri Lanka.
Donation is lateral value on current merit basis. Dowry is of heritage value as per our respect for ancestors. By claiming that the wealth received from the custodian of common property – their father – was donation – the sisters were disowning their heritage of the minds that gave us the laws of Thesawalamai which clearly distinguishes between the pathways of sons and daughters.
Ethnic groups of different culture similarly carry different heritages and this diversity enriches the whole. It must however stand on its own rights – independent of other cultures. Dowry confirms independence of the women who go into another family. Those who valued diversity in their birth families would have little difficulty valuing such diversity in the families they marry into. Likewise,  members of communities valuing their own diverse cultures independent of other cultures – would carry that diversity structure in their minds when they migrate to other countries. Donation is a lateral exchange of current values and hence comes without heritage structures. Heritage confirms the mind of the ancestor raised to Energy level. Money is solid and stays where it is manifested.
Professor Channa Jayasumana of the World Patriotic Lankan Forum speaking at the UNHRC yesterday is reported to have stated:
[The Tamil Vellalar leaders aspired to be the leaders of the country under the auspices of the British. In 1931 the British introduced universal franchise and the Vellalar leaders found that they could not become the leaders of Sri Lanka. Then they wanted to become the rulers of the Northern and Eastern Province. This was the beginning of the separatist movement. Thus the Tamil separatist movement sprang up not because of any injustice to the Tamil speaking people but due to the fact that the Vellalar Tamils could not become leaders of the entire country. In 2009 the entire Tamil racist movement was defeated and there is nothing to talk further as the military solution given in Nandikadal is nothing but a political solution. Studying genuine history shows there is no ethnic problem in Sri Lanka.]

By his own admission, Professor Jayasumana confirms that Tamils had a caste based hierarchy. Vellalar are farmers. Nalavar are Toddy tappers. In a community where farming is valued at a higher level than Toddy tapping – it is natural that those in the farmer  group would tend to lead those in Toddy Tapper group – just as the elder sister in a family leads the younger sister. It is a structure related to work values. Now that I am part of that Nalavar community also – I appreciate more than ever the value of this hierarchy. During my recent visit to Jaffna – I pulled up a member of the leading family in the Toddy Tapper community in Vaddukoddai where the first political declaration of Diversity and therefore Independence was made in 1976, for neglecting family responsibility – especially in relation to his children, in preference to training his sports fans. This guy lives in the village of Thunaivi which is known as a Toddy tapper village. There are others of the same community doing largely similar work but living in areas that are recognized as ‘Vellala-areas’. Neither group is currently engaged in Toddy tapping work. But those who live in Vaddukoddai and other urban areas continue to recognize the hierarchy due to recognizing the older ownership by the Vellala caste. Their urge to progress is stronger than the urge of those who think they are leaders in Thunaivi.

Through Sinhala Only and other measures – Sinhala leaders also placed a ceiling on their learning from wider world. As a Vellala person I did not feel that Tamils wanted to rule over the Sinhalese. But Muslim Moghuls  did rule over Hindu & Christian Indians. Prof. Channa Jayasumana is listed as a member of the Rajarata University of Sri Lanka. The following is an excerpt about Rajarata heritage:
[In 1215, Kalinga Magha invaded Rajarata with an army of 24,000 soldiers. After the conquest of Rajarata, Magha established his capital in Pollonnaruwa. Then the Kalinga forces extended their power to the Malaya Rata. During the rise of the Kingdom of Dambadeniya under the king Vijayabahu III (1220-1224 CE), Magha lost the control of Malaya Rata. The native Sinhalese resisted the Magha's administration at Pollonnaruwa. The Sinhalese gathered around inaccessible towns, fortresses and mountains including Yapahuwa and Gangadoni under army generals including Subha and Sankha. Because of the rising threat, Pandyan troops established an administration centre in Jaffna Peninsula which was more secure and isolated by the impenetrable Vanni forest. Later Rajarata was annexed by king Parakramabahu II(1236–70). His power extended over Rohana, the central hills, Rajarata and the Vanni.[12]
The Sinhalese tried to re-establish the administrative centre in Rajarata but this never happened because of constant battles with invaders from south India. The administration centre was moved away from Rajarata by the Sinhalese. The defeat of Pandyan in South India in the rising Mogul empires weakened the Tamil power in Sri Lanka. The last Pandyan ruler of Madurai, was defeated and expelled in 1323 by Malik Kafur, the army general of the Muslim empire Delhi Sultanate.  The falling of Pandyan was a historical event that had a big impact for Sri Lanka.
It leads to following events:
·       Military rulers "Aryacakravarti" - who was appointed as minister of Pandyan empire - made the Jaffna administrative center independent from Pandyans and established the Jaffna kingdom and Arya Chakrawarthi dynasty.
·       The Tamil lost power in the Vanni and they withdrew from Vanni to the Jaffna Peninsula.  The population was very low in this area until the British started the Tamil Colonization south to Paranthan.
·       Area below Vanni forest stabilized under Sinhala Kingdom] Wikipedia

If Prof. Channa Jayasumana had used current merit based measures to ‘judge’ Tamils – the Rajarata heritage would be passive. But the moment Prof. Channa Jayasumana used Tamil Vellala measure – he awoke the heritage of Rajarata to which Tamils contributed strongly.

By awakening ‘desire to rule’ – as a Tamil desire, Prof. Channa Jayasumana awakened also the ‘fear of being ruled’ in himself. It was fear that was speaking at the UNHRC which does not have a mandate to hear and judge on the basis of  heritage. As a global organization it has the responsibility to use current measures. If that is done in good order – the heritage value would also confirm and support that judgment.

As per News first report:

[Leader of the Opposition R Sampanthan has requested President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe to grant an opportunity to discuss the release of Tamil political prisoners.
The Opposition Leader made this request in a letter directed to the President and the Prime Minister.
The letter stated that decisions reached during the last meeting with the President have not been implemented yet.]
If there is no ethnic problem in Sri Lanka – these prisoners are not political prisoners but ordinary criminals. To the extent LTTE and other Rebels were empowered by their ancestry – they are immune from prosecution through current measures that do not descend from that ancestry. If they are not political prisoners but are ordinary criminals – then they need to be tried as per objectively measurable evidence and not because they were part of the LTTE or other Political group that confirmed empowerment by   heritage.

The Prevention of Terrorism Act 1979 is an example of a law based on fears of the past, invoking the Truth. Below are some details published by Wikipedea with which majority Tamils would identify :

[Elements of the Act
Under the PTA of Sri Lanka, a person can be detained for periods up to 18 months (renewable by order every three months) if the Minister has reason to believe or suspect that any person is connected with or concerned in any unlawful activity. Unlawful activity includes even pasting posters on walls, and is punishable with death.
Offences not known to ordinary laws of the country were also introduced. For example, if a person knows the whereabouts of terrorist (terrorist not defined in the Act.) and if such person fails to inform the Police he commits an offence punishable with a minimum 5-year jail term. If the "terrorist" stays with any person for a night such person is guilty of harbouring, punishable with a maximum of twenty years' jail.
 Operation and treatment of Tamils
Although the Prevention of Terrorism Act refer to the whole of Sri Lanka, its application has been reserved for the Tamils and particularly the Tamil youth. Ever since its enactment in 1979, scores of Tamil civilians from students to humanitarian workers have been brutally oppressed and systematically tortured under the act, and many of them have also been killed.
There has been ridiculous instances when Judges of Courts have ordered detenus were taken to remand prison, their names entered in Prison Registers and then the provisions of the PTA invoked and the detenus brought for torture to Army Camps. For the operation under this Act normally army camps were used for detention and they were notorious for their "torture cells". In one Army camp they had even built in rings and other implements for torture.
To this day, the act continues to be in operation in the North and East by which the state continues to oppress the Tamil population in the country.]
As per the above, a politician – say for example the Hon Sampanthan – could be arrested if his excellency Maithripala Sirisena had reason to believe that Mr Sampanthan was connected to the pasting of posters in support of  Mrs Vijayakala Maheswaran’s awakening of the LTTE. Mr Sirisena would have reason to believe is his mindset was of  a structure where Tamils and Sinhalese were enemies – as they were when Indian Tamil kings invaded Ceylon. In essence Tamils are left to the mercy / goodwill of Sinhalese interpretation of the law and not their own. This injustice would continue – so long as the past is invoked in support of one who belongs to one community only.
The way out is to consciously and expressly use current measures and apply them purely on the basis of current actions. As per ABC report Sri Lankan student studying in Australia has been arrested on such a basis:
Where the Australian Authorities are not conscious of the eyes of the world observing them – they are likely to decide subjectively. The Sri Lankan government has a track record of not being conscious of the global community. The question I ask is – how many non-Tamil Sri Lankans protested when Tamil youth were killed based on the fear of the soldier ? I have shared in the experiences of medical students who witnessed their colleagues being shot dead purely out of suspicion in the mind of the unsupervised soldier. The common law must become our supervisor when we act independently and lack common belief with the person whom we are punishing. Otherwise – the Truth invokes Itself when a common person feels the pain as if s/he has been damaged by an individual who is not common to both. A Sri Lankan can invoke the powers of Truth against a Sinhalese nationalist or a Tamil nationalist in Sri Lanka. In Australia an Australian will invoke the powers of Truth against  White nationalist or Indigenous nationalist. It is not easy to become common. But when we do become common we confirm a higher mind structure than individualists / culture based nationalists. Whatever we do as per that structure would benefit the whole.

Wednesday, 19 September 2018

Gajalakshmi Paramasivam

19 September 2018

Who Resourced the Sri Lankan Government Army?

[Professor, Dr. Mehmet Sukru Guzel is to deliver a keynote speech on “Protecting the UN Global Counter- Terrorism Strategy,” at a parallel session at Geneva Human Rights Council tomorrow (20). The session consists of two keynote speeches by Prof. Guzel and Dr. Nalaka Godahewa who was specially invited by Prof. Guzel.
In his keynote speech, Prof. Guzel will be stressing on the obligation to open an International Committee of Inquiry for perpetrators who financed the LTTE by the Human Rights Council. ] – Ceylon Today article ‘Sri Lankan Academic in Geneva To address HRC on counter-terrorism’

If Dr Nalaka Godahewa, who is a Sri Lankan, seeks the global value – he needs to investigate first his own side in the Sri Lankan war. The UN is a global organization and has the responsibility to investigate both sides to the war in relation to a particular aspect or not investigate either side.

We talk about Root-Causes of problems. This root cause is invisible Energy and is negative when the manifestation is considered a problem by that environment where the manifestation happened. It is positive when the manifestation is considered an opportunity by that environment. Rule by majority is valid only when we take objectively measurable outcomes produced through every ‘sovereign’ component of the whole. Sovereignty confirms that the cause is the Energy / Root and not visible influences without the capability to function independently. The parallel of vote  in the above matter is the money value in the custody of the two sides.

The LTTE would have been resourced by various groups. This possibly included governments – starting with the then Chief Minister of Tamil Nadu – Mr M G Ramachandran. If the Sri Lankan Government did not complain about this to the Indian Government when the donor as well as the donee were alive – it has no right to investigate now – after both donor and donee have become ‘ root-energies’. To investigate the LTTE – they must first be recognized as having current body / form. Otherwise the investigation is about the Spiritual world which is no business of the Government.

As per the above report:
[The speech will also highlight the International Wrongful Act of the Human Rights Council by not defining LTTE as a terrorist outfit and not asking the international Committee of Inquiry for the perpetrators of financing LTTE in its resolution 30/1.]
LTTE is protected by the belief of all Tamils who suffered due to their battles to preserve their Sovereignty. This struggle was greater in the case of those who earned their credits through the ‘common’ pathway and followed the ‘common-law’ despite discrimination pain along the way. I am one such Australian Tamil who had to sacrifice earned opportunities to uphold my Truth. Everyone who upholds the Truth – naturally upholds Sovereignty / Positive Energy. So long as such Tamils resourced the LTTE – such resourcing was of positive value to the Sovereignty of Sri Lanka. It is that contribution that brought the current government to power that was made up of opposing Energies of the previous Government. It would be more valuable to Sinhalese if global academics were to research into how this was manifested by voters – despite the  majority being large enough to form a Sinhalese Opposition Leadership in Parliament. THAT did not happen largely due to LTTE. It happened due to belief by minority religions who submitted to the Lord when they were dismissed by the human system. Nallur Temple confirmed yet again that the Northern Tamils are returning to the religious pathway after the armed pathway hurt them.

Kilinochchi District MP S. Sridharan who is reported to have called on ‘Tamils to fight to death against Sinhala colonization’ obviously did not connect to this deeper religious power which at belief level is self-regulating. This is because LTTE was founded and functioned as a secular organization. Hence those to whom they become ancestors – do not have the collective power to invoke the Energy of any particular religious group or indeed the common belief in god.
If the LTTE is invoked for positive value or negative value in our current environment – we say goodbye to the pathways they consciously ruled out through their policies. In contrast – the Sri Lankan Army that expressly included belief in Buddhism – would have been supported by all those who believed in Buddha. If Dr Nalaka Godahewa investigates and finds no logical connection between the causes and actions of the Sri Lankan Armed Forces – one has every right to conclude that to him it is Buddha who committed the unlawful actions. As Lord Krishna says ‘It is foolish to think that we are the sole-doers.’ Those driven by money would tend to think they did it all by themselves. Where the Energy is stronger than the visible influences – we do not know who did it. We do not need to know. All we need is belief in our own Sovereign Energy. Energy is Sovereign and its passage and existence could  only be felt through belief through one form or the other.
When we go from one class in school to the next – we do not take the classroom with us. Likewise, when we go from one physical form to another. If LTTE is investigated now at money level – then it is the parallel of Mrs Vijayakala Maheswaran’s expressions – to bring back the LTTE. Why should one be punished and not the other?

Tuesday, 18 September 2018

Gajalakshmi Paramasivam

18 September 2018

Lord! Did you hear my Prayer?

[The Tamil Tigers were notorious for carrying out suicide bombings and recruiting child soldiers, but to many Tamils - both within and outside Sri Lanka - they were heroes.] – BBC article ‘Sri Lanka war: I wanted 'my side' to lose
The problem is NOT with the Tigers but with the likes of Mr Jude Ratnam maker of film ‘Demons in Paradise’. The way Mr Ratnam included ‘himself’ with the Tamil side in the war – Justice Weeramantry also included himself as follows:

[We have grown accustomed to war that we do not see it as the barbarism, the absurdity, the bestiality, the outrage to all civilized values, the savagery, the human catastrophe that it really is." Professor C G Weeramantry- Judge of the International Court of Justice.] – quoted in The Island article ‘Do we need a counter terrorism law that will target mainly Sri Lanka’s Sinhala extremists?’

In both instances/pathways  – to the extent the makers are driven by the outcomes, they do not identify with the spirit. We have to become part of the problem through victims or perpetrators to be part of the solution. In many ways, both sides to this part of the war – won because now majority civilians  fear weapon based war. Even though the Constitution states ‘Buddhism foremost’,  in action Sri Lanka has become ‘weapons foremost’ country. How does one reconcile between the two?

On 21 September 2004, Professor Weeramantry quoted Gandhi as follows:

["To you, young Ceylonese friends, I say, don't be dazzled by the splendour that comes to you from the west. Do not be thrown off your feet by this passing show".] The Relevance of Ahimsa – published by Daily News on 04 October 2004.

To me it was no coincidence that I read this article and responded to it concluding as follows:

[AHIMSA is not absence of physical war. It is absorbing other people's mistakes by doing extra work to make up for their unearned benefits and absorbing losses through one's personal credits - to become the whole.]
Professor Weeramantry was honoured as follows by Australian leaders:
[His Excellency Christopher G Weeramantry, until recently a judge and later Vice President of the International Court of Justice, has received the rare honour for a non-citizen, of appointment to the Order of Australia.  On 28 November 2003 it was announced by the Governor-General of Australia that Judge Weeramantry had been appointed an honorary  Member in the General Division of the Order.]
Earlier that year – my complaints to the NSW Administrative Decisions Tribunal, as a victim of Racial Discrimination at the workplace (University of NSW) was dismissed – as lacking in substance. I was already an Australian citizen by then. I forewent  future employment opportunities to uphold my Truth in a migrant county. I endured the punishment.
Whilst Justice Weeramantry – who was NOT Australian by law at that time, was honored as an honorable Australian – I was demoted by the Australian authorities to foreigner status – as Sri Lankan.  That is the gap between the Right Answer and the Truth of the Australian Government and the Judiciary. Justice Weeramantry got citizenship in the ‘educated’ community of Australia through the Right Ticks from those to whom the law was pathway to high status. In turn I got citizenship with the victims of unpracticed laws – including Racial Discrimination Act 1975. This was confirmed by Daily News publishing my response on 01 November 2004 – when I was sent by the Waverly Local Court to be assessed for mental illness. At Prince of Wales where I had positive working karma,Dr. Peter Vaux who had the status,  declared that I was a follower of Gandhi. I did not know then that Daily News had published my work. But the timing confirmed that the system of Truth – to which Gandhi contributed strongly – had supported me through fellow Australian Dr Peter Vaux. This happened again this time in Northern Sri Lanka about which I wrote to the Registrar of Mallakam District  Court as follows:
[I refer to my visit to your office on Friday, 07 September 2018, in relation to the above matter. The fact that  you were discussing that very matter with your staff – in relation to an additional account about which Mr. Yogendra, had successfully moved a motion meant that I was meant to attend and discuss matters with you. The Natural forces worked that way. To my mind, that is the way of Natural Justice. I myself did not plan but was directed by my inner voice to see you in person rather than talk to you over the phone. I confirm that I bow to that inner voice.]
When we listen to our Truth and clear the way of Maya (delusions) we experience the Truth – which then confirms that we are absolutely right. Outcomes without belief are Maya. There was much of it in the status attributed to and accepted by Justice Weeramantry in 2003 – by leaders who did not have the authority of Truth to do so. Likewise, in Northern Sri Lanka, where the Courts unlawfully took-over power to Administer the Estate of my brother in law while ruling that no Administration was needed for the wealth in Sri Lanka. The system of Truth helped me ‘catch red handed’  the Court officers who were following the orders of the Judge – as if they were the Administrators. The wonderful experience I had was that Truth comes to us and leads us once we are independent of  outcomes that are not supported by belief.
In essence, the Lord heard my prayer. A Northern Tamil to whom the Tamil Tigers are heroes – because he does not have a higher measure – asked me this morning about a dream he had had this morning. It was in essence – about the voice from our  temple altar saying that if he planted a ‘Soolam/Trident’ in the altar  from where the Trident had moved – he would not realize his higher self. The young father was upset – and asked me to interpret for him. I said that the message was to be influenced by  the ‘Spirit’ and not the form.
I tried to communicate this in many ways – but that community was not receptive as they were driven by immediate outcomes. Ex-Minister Mrs Vijayakala Maheswaran was invoking the ‘form’. There was a change in the receptiveness of this community between my previous visit and this one. I said that if they followed the form – that Mrs Maheswaran was showing then they would not enjoy true self-governance.
Likewise in the case of Mr Jude Ratnam – to the extent his motive in making this film is popularity and money  - it would give him admission with the perpetrators’ club – including from within the rebel ‘community-in-waiting’ for the next war. But that would stop well short of the Truth – that at citizens’ level – Tamils and Muslims and Sinhalese are integrating at business level – due to commonness in war pain. The Lord heard their/our prayers.

Monday, 17 September 2018

Gajalakshmi Paramasivam

17 September 2018

Refugee Assessment – Truth or Right Answer

Often most of us assume that Truth and the Right answer are one and the same. They are not. Through right answers we would reach the Truth only if the measure used is reliable and consistent. Our Truth resides within us and can be accessed by one who cares about us – as if we are part of them. This may NOT be an Australian official representing Australian Common Values. I was often marked wrong by Australian authorities who were strongly influenced – not by law but by their own supervisors. They may have been true to themselves but wrong by law. Being True to themselves means identifying with their own experienced Truth.
Recently, nine-year-old Queensland school girl, Miss  Harper Nielsen, was reported to have refused to stand up in school for the National Anthem of Australia. Relatively speaking I consciously recalled the words in Northern Sri Lanka on 26 January 2012, before going to Court for the first hearing in relation to the Intestate Estate of my brother in law Mr Subramaniam Yoganathan. On that day – the judge pulled up the lawyer representing our opposition for sending us the papers without Court’s order. The lawyer was driven by his own desires and those of his clients. That judge was senior and more conscious of the laws that we inherited from the British – but which in that form do not suit most of current Sri Lanka. I believe that my prayers to Australia – the Australia realised by me – worked through that judge – due to our common ancestry. Later a much younger judge of the war generation – demonstrated his heritage from the Tamil rebels who had their own sets of laws. That younger judge disrespected my lawful marriage through Australian law. Like in parental genes – the government that our parents are conscious of are also inherited by us. I identify with the criticism by some politicians that Miss Nielson confirmed rising Nationalism within our Indigenous Community – the Australian parallel of Tamil Community in Northern Sri Lanka. Like in Sri Lanka, it was ‘created’ by majority who exceeded their belief based boundaries of authority to ‘ rule’ over those whose ‘sense of sovereignty’ was ‘damaged’ by them. Hence my article headed ‘Did Sinhala Nationalism give birth to Tamil Nationalism?’ – dated 14 September at
We, as individuals, communities, nations – naturally develop structures as per our Truth. I learnt about the wonders of one of them just today about a sports club that was established by the LTTE (Liberation Tigers of Tamil Eelam) – using an Australian name. I am not a sports fan or patron but have genuinely invested in that community. A member of the Tamil Diaspora from that area  ‘stole’ my status by showing a culture in traditional arts and held a ceremony where the Chief Guest was the current Chief Minister of  Northern Province who continues to ‘show’ his judicial credit despite knowledge of the Doctrine of Separation of Powers between the Judiciary and the Executive. But Truth prevailed and the players came to me to help them in their current efforts. I thus got the status with the group to whom body sports is of great importance. The money rich Diaspora person ‘took’ mine and I got without any intervention on my part – the real status that the village has naturally developed of their own free will.
The recent article ‘How we decide if asylum seekers lie’ – came to me through a Diaspora network, carrying the same message of Truth. In that article, author Dr. Douglas McDonald-Norman confirms as follows:
[In the five years I worked in refugee law, some of the most common and complicated legal challenges I encountered were questions regarding the 'truthfulness' or 'credibility' of an asylum seeker's claims. Despite examining the same evidence, different decision-makers can draw different conclusions about whether an asylum seeker is telling the truth.]
In terms of immigration, unless the assessor is closely connected to the applicant’s culture – the right measure is global laws. UN’s Equal Opportunity laws are yet to be positive investment through which Australians could become global. Hence we need to use our own Truth and use it positively in favour of Australia known to us. In the case of the young child Miss Nielson, global laws are likely to  lead to the Truth that Indigenous Australians are entitled to sing their own community anthem. But that would not help those of us who came after White Australians – feel young and free. Those who though they were young and free back then – became our parents in immigration and are now old and struggling to reconcile with those whose sovereignty they damaged. The Truth was/is that they thought they were ‘free’. Whether they were or not is another question.
Refugees do not come to Australia seeking Truth. They come here to be ‘right’ for their families and communities – from a country that marked them wrong and/or they marked was wrong for them. An assessor  who is truly Australian – will recruit a migrant who would be ‘right’ for Australian in the eyes of the global community. One who is selfish and is attached to her/his particular community / nation formed by the community – is likely to recruit to please / impress her/his own local community. In other words – they recruit their natural heirs. Hence the test ought to be how deep the investment of the Assessor is in global laws and values. Beyond that one has to accept the decision of the Assessor and not look for rights and wrongs of the expressions by the applicants. Discretionary powers are high in such responsibilities. A refugee applicant may never speak but would be the right one if the Assessor who is truly Common Australian used her/his discretionary powers – to identify with identical genes in the applicant formed in another place.  The subjective power of such an Australian would be global because we are multicultural through a combination of our Truth and laws.
Dr Douglas McDonald-Norman states: ‘There's an old cliché in refugee law that ‘refugees don't come with a note from their dictator’. Asylum seekers don't carry indisputable evidence setting out precisely who they are, what has happened to them and why they fear harm. They will rarely have been the subject of press reports. Their personal experiences may not have been documented. And any witnesses to what they have lived through may be unwilling or unable to testify on their behalf.
Even information that is available, like information about the asylum seeker's country of origin, has its limits. Country information, or even information about the group, sect or party to which an asylum seeker belongs, will usually be in very general terms. It will not be sufficiently specific or detailed to confirm the experiences of any single individual. These challenges become even greater when an asylum seeker makes claims not just about what they have done, but about who they are and what they believe: their religion, their sexuality, their political beliefs.
When governments or the UNHCR carry out RSD, they hence make decisions with extraordinary consequences for the asylum seeker on the basis of very limited information about that person.’
If one is seeking to reinforce the investment made by Australian elders, in immigration system,  one does not need to know the Truth of the applicant. In fact, to the extent one USED global laws largely for status – the little investment one makes during one generation would be used to quickly offset the existing negative karma generated and left behind by those who wanted the best of both worlds – as most young ones seem to want when they think they are ‘free’. Unless we live within our own earnings – we are assured of our ‘genes’ taking over the outcomes delivered through us. This could be for better or for worse depending on the other players involved and the Energies they invoke. Those like Ms Hanson, living off her white-only genes would naturally invoke the indigenous-nationalism genes of those who owned on time basis.
The University of NSW through whom I was listed by NSW Police as Sri Lankan, despite my strong protests that I was Australian by law – carries strong negative karma / genes in relation to immigration. As a migrant from the Indian Subcontinent, I am likely to have subconsciously picked up the threatening genes from that part of the world, more quickly than White-Australians who continue to list me as Sri Lankan for official purposes also. Likewise, in the case of refugee applicants – their community members are more likely to pick up the Truth than outsiders. Successful processing is likely to improve our global status but not bring us the Natural connections that Belief / Truth brings us. Many refugee advocates are driven by ‘showing results’ to their current leaders and/or followers for the same reason that they want the ‘right’ ticks and not the Truth. The pathway to Truth often is blocked by such ‘rights’ through cleverness unsupported by belief.  One who forbears the pain of failures allocated by outsiders, to continue to be guided by her/his inner voice is the ultimate winner in her/his mind forever. One such refugee applicant returned to India when Australia deported him. THAT is a win-win situation for Australia and the applicant. Truth delivers through Consolidated power of all investors in that issue beyond time and place borders. These borders often come in the form of ‘rights’ allocated by non-believers. But one who transcends attachment to such local borders naturally accesses Universal Energies through which the power to work the local system for common purpose is also accessed.

Friday, 14 September 2018

Did Sinhala Nationalism give birth to Tamil Nationalism?
Gajalakshmi Paramasivam
14 September 2018

Did Sinhala Nationalism give birth to Tamil Nationalism?

The foot-massage lady here in Colombo said to me that many Jaffna Tamil ladies came there but most of them could not speak Sinhalese. The lady went on to state that it was all good before the war but now Tamils were claiming Nationalism. I said to her that they learnt it from Sinhalese who claimed Sinhala Nationalism – especially through Sinhala only language policy.

In his article ‘The Vijayakala Vortex: Standing Up For A Tamil Woman In Sri Lankan Politics’ - Dr. Chamindra Weerawardhana states ‘When writing about ethno-national politics in post-war Sri Lanka, this writer has constantly sought to highlight one point – that there is such a thing called Tamil nationalism. Tamil nationalism is a given, and whether some of us like it or not, it continues to exist and in some quarters thrive.’

To the extent Tamils realized self-governance through Tamil culture – Tamil Nationalism is right in that area for that group. But then rebels who ‘told’ Tamils what to do – separated themselves from such a group. Also as per the laws of Nature – one who claims nationalism through a section of the country called Sri Lanka, is NOT entitled to lead Sri Lankan Nationalism. It’s like Dual Citizenship. A dual citizen is not entitled to make policy contribution – the same way a Buddhist is not entitled to lead a Hindu in religious issues. There can be only one form to lead  the primary level voter/follower strongly led by ‘form’.

Sinhala Nationalism claim by elected politicians automatically generated the parallel opportunity for all those who classified themselves in different ‘form’. Those like myself who remained Sri Lankans rank highest in Sri Lankan issues. They would naturally be supported by all Sri Lankans who are NOT any other nationalists as per their own declarations of belief. Through Vaddukoddai Resolution 1976 – Tamils became the Equal Opposition to the Sinhala Nationalists in Sri Lankan Parliament. That was possible only due to the Sri Lankans amongst Tamils. This was misunderstood as ‘Separatism’ by rebels who relied on immediately visible wins for their contribution. An armed rebels within a Nationalistic  group is separates internally – to takeover power.

Dr. Chamindra Weerawardhana states ‘The fact that Tamil secessionism has no future in Sri Lanka is a geo-strategically proven reality. There is next to no inclination in international law to ‘separate’ and draw dividing lines in islands home to deeply divided socio-political backdrops. In the South Asian context, the national security concerns of the regional superpower, emerging Eastphalian forms of internationalism, the West’s alliance with India in facing up to rising China, the aversion to secessionism in the region at large are all reasons that should have enabled the LTTE to come to terms with the fact that their ‘separate state’ aspiration was thoroughly unrealistic. Their inability to understand this fact, or, to be precise, V. Pirapakaran’s inability to take stock of pressing strategic and geopolitical realities, and especially his unwillingness to take heed of the advice of a vice man, the late Dr Anton Balasingham [especially in the aftermath of the Oslo round of peace talks], were core reasons that led to his ultimate nemesis, along with his militant secessionist movement.]

The footnote to this article includes the following :

The FACT is that the LTTE did successfully establish a separate ‘state’ made up of  Tamils who were disconnected from the Educational heritage that Jaffna Tamils before us and amongst us had developed. Only a true Jaffna Tamil can access such Energy at that place now or anytime in the future and that too for common good. I witnessed this yet again in Nallur especially during the more popular festivals when the devotees were self-regulated.  No, we did not need armed control. The Police – largely Sinhalese, were around monitoring the outer circles. Scouts and other local groups monitored the inner circles – ensuring that the religious rules particular to Nallur were not breached.

LTTE would continue to invoke its own powers in places like Vanni and Valvettithurai – where the rule of the jungle comes before the rule of Education and its reasoning. Tamils as a community did not claim secessionism. The increase in Tamils migrating to Colombo on their own free will confirms this. Hence it is NOT a FACT that Tamils claimed secession. The conclusion that ‘The fact that Tamil secessionism has no future in Sri Lanka is a geo-strategically proven reality’ is illogical not only because of the above ‘facts’ regarding migration and the strength of Tamils returning to Nallur from all over the Nation and beyond but also because a ‘fact’ should have happened. That fact is armed secessionism – not only in North and East by Tamil groups but also in South and West by Sinhalese groups. They have more in common with each other than with Sri Lankans or intellectually driven Nationalists.

Dr. Chamindra Weerawardhana states ‘As noted above, it is clear that Ms Maheswaran’s statement was politically motivated.  The reaction of the Government of Sri Lanka is perhaps what she expected. In other words, Colombo’s reaction puts Ms Maheswaran, who was not prominently present in the news until July 2018, in the spotlight. The indictment will now get tremendous publicity in Tamil nationalist media outlets and movements worldwide.’

THAT is also the heritage from the LTTE. Contrary to Mrs. Maheswaran’s claim – I felt quite safe in Jaffna – my hometown. I did not feel so in Thunaivi – a toddy-tapper community - after my cottage was attacked in revenge for reporting thieves and trespassers to the Police – after I felt that I could no longer improve their contribution to common order. The Chullipuram tragedy happened for the same reason – Separatism on caste basis. The father of little Regina who went away to work accepted hierarchical approach in which he was a junior. Not so his brother who remained isolated / separated – enjoying freedom within that community. There are many such leaders within the Thunaivi community who would not be ‘told’ by a senior. When pushed they would ‘tell’ an educated senior. My belief in Mother Kali took me out of that area before they established self-rule during the local-government elections in which a toddy-tapper by vocation is the elected leader. I had the early warning signs starting from January 2016. During this visit – the attitude of those close to that elected leader was separation from the educated. Unless such leadership takes advice from an educated person who has invested in that area – we subdivide – as equals – those who are led intellectually and those who are led by physical power. Like Dual citizenship both are invalid at the same time at that place. I am now limiting myself to guiding those who seek my advice in education.

The relevant FACT here is that little Regina was coming out of the jungle but was raped by someone within the jungle of toddy-tapper culture without strong heritage in marriage laws. I recently wrote to the Registrar of Mallakam District Court as follows:

‘Every  good marriage negates the  risk of rape in the area where such marriage is honored.’

To be part of Natural forces – such laws need to be practiced voluntarily of our own free will. During the last visit – the mother of a family whose elder daughter ran away with the younger daughter’s husband – abandoning her daughter of about five years old – asked me for a loan to supplement the housing grant they were getting from the government. I declined. The real reason was the mother’s support for both daughters as individuals and not as common children. Being sensitive to her lack of exposure – I stated that she had failed by not protecting me from the stoning – which happened from their side; and also that she and her family did not regularly participate in our temple activities on Sundays. I said that the processes  that I have put in place confirm my Energy and that this could be accessed by those who have invested similarly through the ways known to them. That is how cultures are naturally shared – be it in family or community. When it becomes ‘one way’ without even gratitude – it disrupts that community’s natural order. Hence the need for separation as Equals.

Mrs Maheswaran  sought to lead such group by ‘showing’ and ‘impressing’. Mrs Maheswaran was entitled to express her belief. But she was misleading Tamils and all Sri Lankans by being part of the UNP – which claims to be Sri Lankan – and not particular to any Nationalistic group. THAT was the dual citizenship problem. As per natural justice – not only Mrs Maheswaran but all those who have legs in two boats are guilty of the same offence.