Wednesday, 30 December 2015

Gajalakshmi Paramasivam – 30 December  2015
Australian Tamil Management Service at Vaddukoddai Junction
Vaddukoddai Resolution and Eelam War

I ordered 2 meters of  red carpet to cover the floor of the new room that we have leased out at Vaddukoddai Junction. This latest investment is towards conducting cookery demonstrations to promote catering services of global standards. We do not expect many money-paying customers. But the Policy value added through this is exponential. Truth is exponential. After buying the carpet at Jaffna Town, I caught the bus to our Training Center at Vaddukoddai junction. I could have taken a tuk-tuk taxi for about eight Australian Dollars. But I was able to carry the items and hence caught the bus. Every stroke of my work promotes the values that I have invested in and have become part of my natural habits. Given that I am doing this in Northern Sri Lanka, I believe that Northern Sri Lanka will be empowered exponentially.

Taking our experiences to the level of Truth – is the highest value we could add to develop our environment. The carpet goes  towards improving the looks of our training center. Given that it was bought in Jaffna town means that the local folks’ motivation to follow our example is not beyond their vision. At ownership level, one knows intuitively that value has been added. It’s this value that is shared with those who have faith in us.

Back in our cottage within temple grounds, I did some weeding and set fire to some of the rubbish.  I was conscious of the National program for eradicating mosquitoes. THAT to me is part of my investment in the position of President who gets credit for making policy statements in this regard. I cooked my dinner, fed the two dogs that come to our cottage and make me feel that I have security officers – especially in the nights. The pair are mother and son and the son is black and personifies the vehicle of Vairavar – the Lord of Security.

It was therefore disappointing to read the article ‘Jaffna – An Arid Land Without Heroes
by fellow Australian of Sri Lankan origin – HLD Mahindapala, published in Colombo Telegraph. The real heroes are those who uphold their Truth despite threat to their lives and/or  livelihood. They are not visible to the eyes of those who are pampered with ‘ready-made’, outcomes produced by governments that are pampered with easy money. They are not known through theories that are popular amongst those driven by money and status benefits. They are naturally identified with through a soul connection – direct from person to person and/or through the common medium – the Land. Towards this one has to take the issue to the level of Truth. My contribution to Equal Opportunity values in Australia, under much hardship – is the opportunity that helped me reach these heights. It is THIS value that I add naturally to any place that is home to me and any person to whom I am bound by common faith and/or value. Hence I conclude that Jaffna is NOT without Heroes. Saint Yoga Swami and others who dedicated their lives to serving the needy – have already left behind their rich heritage that we draw on. They are eternal heroes who were sent to enrich Jaffna soil.

Vaddukoddai Resolution to which Mr. Mahindapala refers in his article – is one such heritage from our Political ancestors. Mr Mahindapala  states about LTTE Leader Prabhakaran:

Eventually, he wiped out the Tamil leadership that passed the Vadukoddai Resolution (May 14, 1976) that empowered him with the gun. He also emerged at the propitious time when the Jaffna elite had legitimised violence and urged the youth to take up arms to wage a war which the ageing Tamil leadership could not undertake. He was the first born child of the Vadukoddai Resolution that legitimised violence to achieve Eelam. Armed with the licence given to him by the Vadukoddai Resolution he went on a spree of killing until it came to a stop at Nandikadal’

The Truth about the above is as per the feelings of the writer. The rest is knowledge and/or mere hearsay – arranged to impress the surface reader. The risk is that even if one genuine Tamil is hurt by such writings – the attack returns to sender.

I believe that the essence of Vaddukoddai Resolution brought me to Vaddukoddai and that could have happened only if our (mine and the architects of Vaddukoddai Resolution) investment in Self-Governance were genuine. When the real value of Tamil leaders is set aside to actively promote LTTE Leadership, by minds looking for cheap entertainment – then Sinhalese will continue to get more and more of such violence – including from within their own community. To the extent Mr. Mahindapala experienced the effects stated above – he would be safe in sharing it without logic or proof with others. Beyond that – he fills his own mind with illogical statements that disturb the mind and place fear in those who follow him.

Just yesterday – my talk was about Shakthi / Energy – as to why women are called Shakthi – in Hindu structure. Anyone who invests in a system at the same level or more as the one with highest status plus money benefits – but gets far less benefits than that highest  person – carries the ‘gap’ as Energy – commonly known as Ownership. They work the system through such Energy. On that basis – I believe I raised my contribution to Sri Lanka by upholding my Sri Lankan Accounting qualifications as the highest – and sued former Prime Minister of Australia -  Mr. John Howard for failing to give it recognition despite me activating my entitlements to be heard by the highest Administrative position. Eventually I returned my pain in losing my job – raised to the common level. Hence I identified with my return when Mr. Howard lost his job through his voters. True pain with exponential value does not recognize  borders. It is Universal.

When the current Sri Lankan government came to power – such Energy from Tamils influenced the downfall of Mr. Mahinda Rajapaksa. We do not need to consciously make the connection. I did not ask that Mr. Howard should experience the pain of losing his job. But to the extent I accepted such pain without taking revenge in my own way at my own level as LTTE did  – including in my mind – I include all those who caused me the pain as part of myself – as if I gave myself that pain. That soul connection then returns each one her/his karma.

All we have to do therefore is raise our own experiences to that level and not take lower/cheaper benefits for our work. The rest happens automatically. LTTE took eye for an eye and hence failed to earn the higher membership as some of us in Self-Governance.

Be it violence or harmony – at the physical level – without connection to the root-energy – they are temporary and return to the real owners. Terrorism fears by Western governments are due to their own failures to follow the principles of Equal Opportunity with migrants. One could therefore say that the Sinhalese who continue to demonstrate attachment to physical overpowering of LTTE and Tamils without much status – are lacking in true heroes. They keep fearing India due to Tamil  Nadu. LTTE is an avenue through which they continue to keep such fears active.


The Energies – positive as well as negative are already in existence. We connect to them as per our own real contributions. One who thinks he knows all the connections – is filled with ego and  adds to the Negative forces in her/his own home environments. Mr. Mahindapala for example is adding such negative Energy to Australia as well as Sri Lanka.

Tuesday, 29 December 2015

Daily News Report - Long dark days ahead in a Riyadh prison


General or Common President?

When I became the Common Candidate of the opposition, I didn't plan it for a long time. I came to know about the move at the last moment. My intention is to  fulfil today's requirements," the President had said.’ http://www.asianmirror.lk/news/item/13675-president-hints-at-possibility-of-his-pm-candidacy-in-2020-no-retirement-after-abolition-of-presidency

This then means that we have a generic brand of Government and not a Common Government. To my mind, the real President is Madam Chandrika Bandaranaike Kumaratunga. Mr. Sirisena is one face of that Energy that Madam Kumaratunga added to defeat Mr. Rajapaksa who is reported to have publicly insulted her. Manifestations – especially at the top level are combinations of Energies. The deepest Energy is the one with the strongest force. It is the root cause of manifestation.

Madam Kumaratunga was also not the root cause. But out of the faces that we ‘saw’ in that position – at that time – Madam Kumaratunga had the strongest Energy. They say that Hell hath no fury like a woman scorned. At the common level  - a female President and a Tamil are  recognized as minority powers in Sri Lanka. It is however, doubtful that Madam Kumaratunga would have banned ‘bra throwing’ shows as President Sirisena is reported to have declared recently. http://www.telegraph.co.uk/news/worldnews/asia/srilanka/12070897/Sri-Lankan-president-Organisers-of-Enrique-Iglesias-should-be-whipped-as-punishment.html

Every unit of male force that disrespects the woman who has actually earned equal status or more - naturally produces the Equal and Opposite face of himself. The higher the official position held by that male – the greater the exponential value of that manifestation. Hence, to the extent male presidents disrespected females in their environment who had performed their duties as per their official positions – they created the bar-throwing females in the land that is under their control. To this was added the debits in sending  the Sri Lankan house-maid to prison in the Middle East – which according to the Sri Lankan Government happened due to its intervention in the matter. The basis for me is my own intervention in the case of Bali 9 Leader Myuran Sukumaran. As is my way I submitted my prayers to God, on the basis of my contribution to the position of Prime Minister of  Australia. The defeat in the Legal system despite having proven my case against Mr. John Howard, is an accumulated reserve that I have access to when I am in NEED. Hence my belief that I also contributed to Myuran’s matter being raised to the Prime Ministerial level. But the difference between the Sri Lankan House-maid’s matter and Myuran’s is that Myuran met death – fearlessly. He was thus pardoned by the Lord’s system. Myuran’s relatives – starting with his Mum would have preferred him to remain in prison like the above house-maid is in Riyadh. I then would not have been able to identify with the higher value added to expedite Myuran’s rebirth as a more independent person accessing his inner Natural powers. To my mind, the stone throwing verdict by the Middle Eastern legal system is not different to the Ban on Bra throwing. This kind of ‘collusion’ happens when we are not Common at the top but are generic at the primary level.

As per the Daily News report:
The domestic worker in question, a 45-year-old mother of two from Maradana was arrested on charges of adultery (punishable by death in Saudi Arabia) in April 2014 and had been in jail since then. She was convicted in March 2015 and sentenced by a Riyadh Court to be stoned to death. Her partner, an unmarried Sri Lankan man, was sentenced to receive 100 lashes.

 The gender based discrimination is obvious and yet, our Government has failed to highlight this and plead on that behalf. In contrast, our then Prime Minister the Hon. Tony Abbott – treated the Bali 9 leaders – both migrants of Asian origin – at the Common level. This confirms the successful dilution of unjust Discrimination Forces carried by Australians. At the Common as well as the Generic level – the Discrimination has no special face. It is unjust of just. Hence unjust discrimination against minorities combine themselves as to just discrimination to confirm Equality.

As per the Island’s editorial of yesterday:

‘The President’s scathing attack on the ‘Sex and love’ show, bra-throwing females and his solemn vow to protect the Sri Lankan culture smack of a propaganda trick to distract the attention of the media as well as the public from the postponement of the LG polls and the failure on the part of the police to take action against the government MP involved in the aforesaid abduction.’

As a true Sri Lankan investing in the top position, I identify with this and MORE. Each one of us who have Good Governance credits in our local environments where we have governance position, even if it is one oneself only – contribute to the top position in the Land that we not only believe to be our home but also declare so when the land is in need of such declaration.  Tamil voters who claim to be Eelam only supporters do not have this power to influence the National positions during National election time. Those of us who have always upheld that we are Sri Lankans – and this despite the losses from doing so – have such power to influence the manifestations any time anywhere. It is for this reason that women home-makers without status are recognized as Sakthi / Energy in Hindu culture.
Through that ownership ‘insight’ I have concluded that the current holder of that position of President lacks the deeper investment needed to earn the position of  Leader of Common Government. He is the leader of majority by numbers and is therefore a General Representative only.

As I have stated about Australian leaders through my insight into the Australian system – when we take up lower positions except for service purposes – we confirm that we did not earn the higher position in the first instance. If Mr. Sirisena were seeking to be political – then his government was not a Common Government but a generic one. As per news report:
"I will not retire from politics. Politicians cannot retire from their social engagements. It is true that the Executive Presidency will be abolished. We will make strong and comprehensive measures in that direction. But that does not mean that I will retire from politics after the abolition of Executive Presidency," the President said in an interview with 'Sunday Lankadeepa.'

Not only Sri Lankans but the wider world also was cheated of Good Governance to the extent Politics was presented through hearsay, as Governance. Where there is pure belief and no hearsay knowledge – Politics is Governance due to Belief. But to the extent the President has been publicly giving ‘reasons’ to prove that his decisions are right as per culture – the pathway of Common Faith has been blocked. Like the Chancellors of Australian and Sri Lankan Universities – the position of President is merely symbolic – and in this instance – they symbolize our false claim to the position of King – renamed as President.

We often use Key Performance Indicators to measure as insiders / management. The value of Sri Lankan education was upheld by me in Australia as follows through  Public challenge of misleading statements of principles by the New South Wales (Australia) Auditor General Mr. Bob Sendt: (Appendix 1 of Naan Australian)
Mr. Sendt wrote on 20 November 2003 in response to my Public demand for him to pay his Dues as an Accountant::
Ms Param, I fully understand that auditors are not to participate in the management of the entities they audit. That is basic. What I said in my report is that external financial reports only give a partial view of the performance of many public entities. Such entities are not established to earn a profit or a return on assets, but to provide services to the public. So to give a true and fair view of how well they are providing services, they also produce non-financial performance indicators. If financial reports are required to be audited – to give the public confidence in their accuracy – then so too should the performance indicators. I fail to see how you can state that this is participating in the management of the entity.
Bob Sendt
NSW Auditor General

My response to the above indicates the deep wisdom I have in Audit and Compliance, largely based on my Sri Lankan training:
Thank you Mr. Sendt for  the prompt response. Most progressive organizations produce both – Financial and Non-Financial Performance Indicators. They  are both for MANAGEMENT purposes and reflect the THINKING and WORK_IN_PROGRESS. If you use Performance Indicators – then you are thinking with them. This is like the Executive Government participating in the Judicial process. Your Non-Financial Reports are the Legal records that these organizations are required to maintain – such as the Recruitment and Employee Assessment records. Where there is a big gap between Law and Practice – it requires YOUR staff to do the additional work. Taking the Performance Indicators distracts you away from this work. It is in breach of the Doctrine of Separation of  Powers. These organizations must be allowed to confidentially do the cooking and it’s up to your staff to do the spy work from the finished product to the LAW and not to their dreams and goals. You are seeking the short path because your staff are not trained to find out from the client staff what is going on. Staff often ‘hide’ information from you because you are third party. So they should. That way your staff would improve their skills. Using client-staff’s work-in-progress deters your staff from thinking through their own specialty = AUDIT on the basis of existing LAW. Then we would become a uniform society instead of a diverse society challenging each other – you within the existing law and the operational staff towards tomorrow’s laws. Challenging leads to creativity – as you can see from me. Gandhi also said that the night he was thrown out of the first class compartment of the South African RAILWAYS was his most creative experience.
You need to get the client organization to publish their non-financial reports that are mandatorily maintained. Public service organizations primarily make goodwill. This can also be positive or negative – profits or losses. They are collected together and are balanced with the total costs through Common Funds. It will be useful for you to develop a standard dollar value for these legal requirements so the People can SEE and know the Truth. Your role is not to help them make a profit but to report whether they are and how much. How about doing one on UNSW? Or State Rail?
Thank you again for responding. It has helped deeply.
Regards,
Gaja ( effectively in custody)


In summary – Performance Indicators are for insiders and Proof is for outsiders. As an insider – I see with my little woman eyes – the Non-Performance Indicator in the position of President to the development of which I have also contributed at root level.



Saturday, 26 December 2015

Common Christmas Celebrations  at Vaddukoddai

Gajalakshmi Paramasivam – 26 December  2015

Politicians & Voters – Who is the Boss?

‘Good morning Ammah’ said the voice from behind me. This was followed by another and yet another. I did not respond. I was carrying two trays of cake-mix  to be baked in the local bakery for the Christmas party for the Hindu students attending our classes at Vaddukoddai Junction. The pathway was riddled with potholes and I needed to focus on where I was stepping. After completing that task I returned to our cottage and on the way paused – to pull up the kids in Common. The spot at which I stopped was the spot where I was greeted. I said in Common that if they sought to greet me – they needed to come in front of me to do so and not shout from behind. The mother of one of the youngsters came to fetch her little son and said ‘ok; ok’. I asked about her son’s health and walked back to our cottage. I have now learnt to become an ‘observer’ with those who reject my authority.

To the outsider – I may seem to be making a mountain out of a molehill. But one with the experience knows that this reaction from the kids was an expression of their ‘freedom’ not to take authority from me. I linked it to my denial of toys on the basis that they did not attend our classes. The rule is that they get the toys/games only on Sundays – when the training center is officially closed. Parents of these kids are not committed enough to bring them to the center. I would be failing in my duty to show higher valuation to kids who do come to our center where after classes they play indoor games – with Chess being the most popular one. With the kids who did not come – my ‘use-by’ date was over and hence the shouting from behind. They are likely to oppose authority if they do not accept ‘bosses’ / ‘gurus’ above themselves in wider world. As per their minds, they have little to lose when the parents use temples and classes as ‘child-care’ centers.

Thunaivi village is an example of the effects of unjust discrimination. Given that my root motive is to help these kids develop self-confidence I do not lecture them about the wrongs of their conduct. I reward the ones that demonstrate the right side of that conduct. Given that the latter is in the majority – I take them as being respectful in Common.

This morning’s mail took me to the Ground Views article ‘What’s missing out there? People or Politics?’ by Kusal Perera, about the apparent conflict  between the TNA Leadership and the Chief Minister of Northern Province – over the setting up of the Tamil People’s Council. To my mind, TNA is taking a Program approach instead of taking a Project approach to complete the Northern experience. The inner natural Separation of Powers within the Tamil Community was beyond the grasp of even the LTTE. Karuna – the Eastern LTTE Leader  like the above children, showed his true nature once his use of Northern Leadership was over. THAT is our reality. This separation happens naturally when we feel ‘free’ and are in our ‘home-territory’ within larger grouping. Sri Lanka for example is the larger grouping Natural to Mr. Wigneswaran while Jaffna is the natural grouping to many Tamil Political minds. The former is like our Training Center at Vaddukoddai Junction and the latter is Thunaivi with its particular character showing its individuality at the lower level. LTTE’s leadership was based largely on the latter type who took-over leadership positions of the former.

Mr. Kusal Perera states in the above article:

The Rajapaksa rule was horrible in many ways in any language. His 09 year rule had two distinct phases. Beginning in year 2006 the first phase geared up to wage war against what it called “Separatist terrorists” generalised as “Tamil terrorists”. The social ideology created for that war was a broad “anti-Tamil” Sinhala ideology sponsored by the Rajapaksa leadership with a partly coerced, partly willing Colombo based mainstream media.

If I had ‘reacted’ to the above children who were waging their own war against my rule regarding games, I would have, like Mr. Rajapaksa – confirmed that we were Equals – operating at the same level. Sometimes it becomes necessary to come down from our position to ‘show’ the other side – to younger ones who are allowed to be ‘free’ in their territory.  Such groups happened in places like Thunaivi – due to caste based separation which exceeded its functional authority – the same way Tamil Community got separated from Central Government due to race based separation going beyond its functional authority. By labeling his Equal other side as Terrorists – Mr. Rajapaksa named himself one. Mr. Rajapaksa was not the first. The LTTE were listed as Terrorists by India in 1992. To the extent Indians funded the LTTE the Terrorism label applies to Indians as well. There are no separations at primary level nor at the tertiary level – i.e. General at money only level and Common at policy level.

If Mr. Rajapaksa himself was a tertiary level leader – he would have absorbed the LTTE as being part of Sri Lanka. He was at primary level and hence became the natural opposition of the LTTE.

Radha Aiyar – of Vaddukoddai who performs the poojah’s at our temple said to me last Sunday – that he would bring us lunch on Tuesday. I did not know what was special on Tuesday but agreed to wait for his Prasatham (holy food). I appreciated the common belief that Radha Aiyar and I are bound by. Hence I waited for his lunch even though it was late. Later I learnt that it was in celebration of Lord Shiva who ‘taught’ the Government authorities a lesson for getting citizens to do their work – the legend being known as the Puttukku Mann Sumantha Sivan story. On that day not knowing that it was such an anniversary, I disciplined myself to separate from a group of Australian migrants/expatriates who fund projects in Sri Lanka as if they were of a higher status. To the extent I am true and undeserving of the ‘separation pain’ the karma would go to the members of the group. Likewise, Tamil Community and Sri Lankan National leadership positions demoted through pretenders who take up high positions – causing pain to those who empower them – but are abandoned once the voters’ ‘use-by’ date is over. Mr. Kusal Perera highlights this syndrome as follows:

Immediately after his swearing in as Executive President, Sirisena brought in a UNP dominated government for his promised 100 Day programme. The much-hyped 100 Day programme had nothing for the Tamil people. Not even the words “Tamil” and “Muslims” or “ethnic and religious minorities” were mentioned in it even by accident. Yet the TNA was politically na├»ve and was not prepared to challenge the 100 Day programme to at least demand inclusion of “de-militarisation” of North-East, release of all Tamil detainees under the Prevention of Terrorism Act (PTA) who for many years have been kept without any charges or even to demand a “Land Dispute Commission” to allow the Tamil people to have legal and official access to their own lands. Instead the ITAK leadership continued to hold out its promise for a total answer to long overdue Tamil problems from this government leadership even after the 100 Day programme was openly flouted and dragged on with very lame excuses. With the forthcoming parliamentary elections in August, Sampanthan addressing Trincomalee TNA members told them, “As far as the TNA is concerned, it does not want to further stretch the journey for a political solution for our people. We want to reach the end to our struggle. Hence the Tamil people must give us an overwhelming victory. If you will give us such a victory, we will definitely find the solutions in the year 2016.” That was in mid July this year. Three months later, the TNA could not even have the 206 Tamil suspects detained without charges released before Diwali. President Sirisena very casually backtracked on his promise given to the TNA leadership in late October and left them helpless.

We witnessed the demotion of  TNA by the Diaspora when Mr. Sumanthiran visited Australia during the above crisis. If Mr. Sumanthiran had been empowered by a truly independent Tamil – he would have been saved this demotion.  Just yesterday, this problem of Tamil Political Leaders becoming like the Central Government was highlighted here in Vaddukoddai. I explained to them that when that uniform is worn – they become like majority power when they are relaxed and are off-guard. Intellectual discrimination as per their promises to voters is the security against such assimilation with majority. Internal Opposition is healthy in Democracy and to the extent we contributed to Democracy through our Politicians – we would not fear this separation – be it within the Tamil Community Political Leadership or Sri Lankan National Leadership. If we truly became part of the power that elected the current National leadership – we would continue to work the system with or without them. If it is without them due to their own withdrawals – then THEY would eventually feel the separation pain – as Mr. John Howard’s leadership felt in Australia.

We cannot all be ‘seen’ as leaders at the same time, but the real leader is always the causal power – even if s/he is power of One. THIS is the lesson we reinforce through Christmas memories. Such a voter employs the political leader as such a litigant employs the lawyer.


The real governance power takes root in such persons even though they may look very ordinary on the outside. Once we escalate our work to the highest common level – of Truth – it is there forever – and manifests Itself whenever we and our loved ones are in need of manifested support. I believe that Jesus was with us yesterday at Vaddukoddai empowering Vaddukoddai that has been used and abandoned by Politicians. We did not have to go to Vatican to receive such blessings. 

Thursday, 24 December 2015

Gajalakshmi Paramasivam – 24 December  2015


Tamil People’s Council & Vaddukoddai Resolution

As per Ceylon Today report:

‘The Tamil People's Council was established last Sunday under the Chairmanship of Northern Chief Minister C.V.Wigneswaran to expedite the process of finding a political solution to the national question and to address other humanitarian issues in the North and East.’

It is understood that the Leader of the Opposition – the Hon Rajavarothiam Sampanthan has declared that the TNA would not accept this as part of itself.  To my mind, TNA then effectively rejects the Vaddukoddai Resolution 1976. The role played by the National Government back then is now being played by the TNA’s Political Leadership.

I experienced the parallel of this just this week – when someone who sought my services through Australian Tamil Management Service structures - in relation to Service to schools in Batticaloa, in Eastern Sri Lanka, wrote:

‘Office bearers in the Sai Organisation cannot be seen to have links to organisations that bear a particular race name ie "Tamil".  They are also not meant to have affiliations with organisations that take a stand on political issues.’

My response opened with the following statement:

This is interesting. This then means that no Sai organization should be helping 
victims of Sri Lankan war. The reason for the use of Tamil is to boost the
self-confidence of Tamils - especially young Tamils. The school you are helping itself
is in Puthukudiyiruppu - an area specially developed by the LTTE. The parallel of it is
in Vanni also. .. this morning Swami came in my dream / gave me Dharshan. Now I understand why today.

Like with practice of Hindu religion I do not follow rituals of Sathya Sai organization but respect them as much as can. I realized the Divinity of Swami Sai Baba when I was not a devotee of Swami. But I believe/d firmly in God and when I was in deep pain due to my experiences at the University of New South Wales – red Holy Powder manifested on my picture of Sai Baba – gifted to me by a cousin whose son was killed mistakenly in the war. That son was helped by me when he had a need and I had the status to provide assurance. To me that picture symbolized the deep faith that the mother had in Swami Sai Baba who according to her helped her accept the tragedy in losing her son. When Holy Powder materialized on this picture – on the day the Auditor General of New South Wales confirmed through a published report – the observations I had made about the University’s Budgetary systems – (about which publication I heard through another staff of the University who made the connection between the report and my work) I felt that God was endorsing my work. I noticed this only because I was in much pain after being rejected by the University’s Central Administration responsible for structuring Democratic Financial Management systems. Since then I made the connection beyond the seen and the known – happening through God’s system.  It happens for sure whether we see it or not. But those of us who contributed to the manifestation of the Truth – despite the opposition from those holding highest positions in that institution – get the ‘insight’ to work out the connection to the returns for their costs – rejected by the human system in their environment.

Here in Thunaivi – Vaddukoddai – it would be very difficult for me to live as part of the Community – without this ‘insight’ into the true forces manifested by the folks in this war torn area. I believe that even One person negating the Caste based discrimination karma that Vaddukoddai suffers from would be an absolute contribution to the prevention of war on race base – through the folks of Vaddukoddai.

I explained this  as follows to the above person:

‘I appreciate that you are genuine; but at my stage of life doing what I am doing
here in Thunaivi it would have been difficult for me to follow the dictates of those
who are surface contributors. If they were deeper they would have connected to the
Service work which eliminates CASTE BASED discrimination by going through our website.
Just last week one of the Vaddukoddai town ladies asked me why I bring the Thunaivi
kids to Vaddukoddai training center instead of teaching them at Thunaivi Temple during
Human Values classes. This is because they do not want lower castes to be getting my
special services. I stopped visiting the lady thereafter. To me these members are
driven by benefits and not by the structure of the organization itself.  THEY are not
true Sai devotees but are using Sai name for personal credits.

I used the word Tamil to particularize the group that needed my services most. My inner knowledge of our Tamil Community – helped me identify with this need. The temple I inherited from my father helped me establish myself physically as part of the Toddy Tapper community. I believe that unjust Discrimination of any kind when left unaddressed during the current period of its birth – becomes a sin that would block the path of the person and the home-group that the person  belongs to – from realizing self-governance. Indeed it would become Negative Energy that would combine itself with other unjust Discriminatory forces – in the new environment. Death makes it Common negative. Truth is Common. I was specially rewarded this week when one of the guys asked me to translate the Philosophical work of an Indian Tamil doctor. This included the following passage:

Self-Consciousness is the greatest guide within  each and every one of us.  Dynamic Self-Consciousness is the Eternal Guide.
Every person on this earth, has the opportunity to lead a wholesome life to complete the experience of Life so that s/he feels complete and independent and also shares this wholesomeness with those who are part of her/him, related to her/him and with the rest in her/his environment.
Identifying with the special pathways suitable to each person, facilitating each one to live their own life  as per their inner consciousness through their own diverse pathways, develops the most appropriate pathway that suits each person as per their own natural makeup ‘

To my mind, this inner Consciousness is our real Guide. If we miss this opportunity – to share our Truth with young ones – our current home-group would take a heavy baggage into its next life. I therefore identify with the Tamil People’s Council doing in essence what the TNA itself did – as TULF in its previous life that got completed with Vaddukoddai Resolution heritage. Particularizing becomes necessary – to identify with the work on Project basis. One who carries discrimination baggage would read it as per her/his Truth. If they use their position powers – yet to be earned – they manifest their racism baggage. In terms of Sai Baba Swami  the message is clear through the unity of faith – symbol – which requires each religion to be particularized to be included so all groups are included and not neglected in the name of Commonness. Generalization is without identify – at the primary level and is often confused with Commonness by those driven by money or vote power.






Wednesday, 23 December 2015






His Excellency Maithripala Sirisena
President of the Republic of Sri Lanka
Presidential Secretariat
Galle Face,
Colombo 1

 
23 December 2015

 
Your Excellency,

 
Buddhists’ Contribution to strengthening the Judicial system

 

I write in reference to your Excellency’s recent communication at the annual conference of the Judicial Service Association of Sri Lanka held at the Galle Face Hotel in Colombo.

 

It is reported that your Excellency had:

 

·         pledged to create an environment where the judges will be able to deliver their judgments freely

·         that steps will be taken in the future to provide foreign training to enhance their knowledge while understanding issues related to the Judicial Service

·          had pointed out the importance of finding solutions to the issue of delay in delivering a judgment when the public seeks justice.

·         advised that the immediate attention of the persons engaged in the field of law should be drawn in this regard.

 

It is reported also that your Excellency has stated  to another group - that  every officer should be committed to fulfill their responsibilities for the development of the country, without compartmentalizing areas.’

 

 My communication is with the purpose of making my own contribution in these areas.

 

As per my experiences in the Sri Lankan Judicial system, the main reason for the weakness in our Judicial system is lack of ownership. This cannot be cured by the Executive which your Excellency is part of. It can be cured by Governors which group includes your Excellency as well as us litigants who add our Truth when we seek the judicial process to resolve conflicts. My recent response to two legal experts is appended to this letter in confirmation of my ongoing contribution to Governance through the Judiciary as part of the Judiciary.  

Your Excellency, you are known to include the Spiritual pathway in your Governance and hence I expect your Excellency to appreciate the value of ownership above benefits of money and status. This is also the fundamental message from Lord Krishna – through Bhagawath Geetha. We may work beyond our position borders to become part of the structure and therefore work the system as owners. But given the sacrifices needed towards such ownership, only few of us go beyond position borders. Those who do – work the system as Divine Energies. In summary Governance is Ownership.

 

The older the matter, the greater the need for this feeling of Ownership / Governance. The Judgments delivered by the Judiciary are used towards social positioning – often to a greater extent than the decisions made by the Executive. It is therefore important to understand the fundamentals of that part of the Judicial system that we are using and/or Believe in. In presenting my understanding of the problem, I take the approach that our comprehension happens as follows:

 

1.      Emotional level – as per our physical senses (Body)

2.      Knowledge level – as per discriminative thinking through common measures (Mind)

3.      Belief level – as per Truth within us (Soul)

 

At national level – these are referred to as -  Politics, Administration and Governance. Those of us who operate close to our inner Truth are natural Governors. Such Truth already exists through every completed experience. Every time the Administrator / Judge identifies with this highest component – the nuclear power of the Nation is strengthened. Such a Nation is self-governing. It is therefore important to develop this pathway of self-governance to facilitate the Common Citizen to contribute to this Governing Energy. In Sri Lanka there is a dire need towards this, now that the positions at the top have been seriously abused – as confirmed by the new Administration regularly. I believe that it is important for the self-governing citizen to be facilitated to make her/his own judgment / decision making once the citizen has fulfilled her/his duties as per the ‘position’. Any contribution made by such a citizen through that position, needs to go towards Policy development. When such a citizen is ‘blocked’, the return karma is exponential. It is towards preventing such shocks that we have facilities in the system of Democracy. The recognized value of such a citizen would be Equal to that of the top Executive,  the same way the religious head of Islam is taken as being equal to the Institutional Head of Buddhism – the religion of majority Sri Lankans.  I believe that the core purpose of Democracy is this equal recognition of citizen and the Administrator / Judge. Towards this, the two side positions in the relationship need to be close to the line of Equality. Hence the strong recognition of Equal Opportunity Laws in Nations that are self-governing through the Democratic pathway.

 

The views expressed not only by the lawyers involved in the matters at the center of the letter appended, but also the judges in general  confirm that the ‘gap’ is too wide in the Sri Lankan system. I feel strongly that narrowing this ‘gap’ between the top and the bottom is necessary to reduce the damage to the Sovereignty of  our Nation. Hence the need for the citizen / officer / litigant  - to make higher contribution than is required as per her/his current position – the recognized value of which is much less than that of the Executive. Such restructuring is necessary for Democratic pathway to lead us to Economic self-sufficiency.

 

Positions in relationships need to be restructured each time a citizen / officer / litigant makes that contribution beyond the call of duty. Every time the occupier of the higher position in a relationship takes the credit for such contribution – for example – lawyers in the judiciary – the pathway to access Natural Sovereign Powers through such relationship by the ‘top’ is blocked.

 

There is Common Belief that the current Sri Lankan Government came into power due to such ‘blocks’ placed by the previous Executive in its path. This happened also in Australia in the case of Mr. John Howard who was present with President Bush during 9/11 attack. Mr. Howard lost his seat – and I believe that by doing my DUTY as a migrant and suing Mr. Howard for failing to recognize the self-governing value by me as a migrant – I made my contribution to the removal of  those blocks so ordinary Australians would more naturally access the Sovereign powers of Australia – without the intervention of the Priest / Executive. Sovereign powers are Natural Powers that we could identify with but not control.

 

Your Excellency, you may have knowledge of the great Indian epic Mahabharatham. In that – Sanjayan the chariot driver of the king,  is endowed with the vision to witness the details of the great war – between majority and minority powers. King  Thirutharashthiran – the father of majority – and the parallel of Mr. Rajapaksa – is presented as the blind king. The inner vision could not be rendered to this king – due to his attachment to his son. Hence Saint Vyasagar  shared his insight with Charioteer Sanjayan after Sanjayan resigned from his position as charioteer. By then Sanjayan had completed his DUTY as per his POSITION. Hence he was a governor with ‘insight’. Such governors have the ability to make the connection between cause of effect – as Natural heads of the Nation. Our elders are taken to be such self-governing members and hence the respects we pay them. In Democracy – citizens such as Sanjayan have the right to be recognized at equal level as the Executive at the top – be it President and/or Prime Minister. 

 

In Sri Lanka, Buddhist leaders have been made part of the Executive through Article 9 of the Constitution. This renders institutional value to such Leadership at the Common level.  Given that the Constitution is the Soul of a Nation – any abuse of power by the Buddhist clergy would  be of exponential value.

 

In my letter to our lawyers I have responded to the following accusation by the lawyer/s in this regard:

 I have to refer to your statement relating to the manner in which evidence of Mr. Piyadasa was recorded at the trial before the District Court. In this regard I have perused the brief to refresh my memory on the relevant circumstances. Mr. Piyadasa had been duly affirmed prior to his evidence being recorded. Perhaps you are not aware that witnesses of the Buddhist faith do not swear but affirm. In the circumstances your inferences arising from this misconception and the reference to the learned trial judge in that case is altogether unwarranted.’ - Lawyer

 

No, I had no knowledge that Buddhists did not swear but affirmed in Court. It did surprise me. The picture that came  to mind when I read the above passage was that of an experience in 2009 – when I was waiting for approval by the Ministry of Health to share in the pain of my folks in Chettikulam camps. I went many times a week for six weeks to obtain this approval from the Ministry. At one stage a senior officer said ‘don’t go there and ask for separate state’. It was hurtful that I, a Tamil, would be recognized through LTTE – a group that rightly or wrongly represented a section of the Tamil Community.  But taken at the higher common level – this is also the ongoing claim of self-governance by Tamils and as a self-governing Tamil in need of clearance to serve my own people – I accepted that accusation – as if I was LTTE Leadership. More to the point in the current context – I prayed to Lord Buddha through the statue in the office of that senior officer. I got the clearance as a reward for such forbearance. That BELIEF in the Divinity of Buddha made all the difference and it was as if I worked the mind of that officer from then on. As they say – ‘to err is human and to forgive is Divine’. I believe that by including as part of myself - the authorities from whom I had to get approval to provide higher services of the kind you are referring to now – I became part of the nuclear force that worked the Government. Such is the value of ownership.

 

I highlighted the difference, to a relative of the Deceased whose Estate is at the center of the Jaffna matter mentioned in the appended letter, as follows:

 

1.      The sister who wrote to Foreign Bank without consultation with either  of the brothers claimed in Mallakam District Court - that she looked after the Deceased and her other siblings after their mother passed away.

2.      Since  I am a relation by marriage, I asked the relative by birth at one stage whether this sister experienced hardship

3.      That relative said words to the effect ‘she cooked for 10 persons’

4.      I said the relative was confirming ‘what happened’. That is an Affirmation. If that relative had shared in the experience, the relative would have simply said that the lady had experienced hardship. That would be as if the person giving evidence had been part of the Experience and hence amounts to swearing.

 

Your Excellency, the above kind of sharing through swearing is ‘Sharing at  Soul level – which happens when we are in Truth / Love. There needs to be a Judge / Legal Leader to receive such sharing on behalf of the Legal experts.

 

The component of evidence from  the document  is completed by the reader/judge  – for her/his purposes through her/his Truth - but the evidence itself is available to all. Hence the need for Transparency.  In Democracy – this component is greater than personal evidence under oath – through common belief.

 

By swearing – we invoke the power of the Absolute – beyond institutional structures. Affirmation on the other hand is confirmation at physical level – that we observed and that we present to the Court – the observed value.  Life to this is from us the self-governors/judges. The Common mind of those who contributed to the production of the document is not recognized in particular form of belief.  Documentary evidence of what happened – stands on its own rights and does not need a subject to prove it, so long as the document itself is authentic. Like the gross body, the document itself has no belief of its own. The reader of the document adds the Soul – her/his soul – to interpret the value for her/his purposes. This then connects to that invisible Common mind without a particular form in Court.

 

On the other hand, when a person gives evidence, after Swearing – s/he is entitled to add that ‘interpretation’ as per her/his belief as ‘owner’ of the experience in particular form, mapped by the witness though religious faith. 

 

Affirmed information is thus the parallel of Documentary evidence. If majority litigants in the Judiciary are Buddhists – and as the lawyer has highlighted they do not Swear but -  Affirm – then effectively – the value of the Constitution is limited to the followers of the architect of the Constitution – Mr. J.R. Jayawardene when he was President and the Nation is not able to access the Divinity of Lord Buddha independent of the Government – to strengthen the Judicial system.

 

All oaths taken by members of Government – on the basis of the Constitution of Sri Lanka which includes Article 9 are actually Affirmations due to majority practice in Court by Buddhists. I noticed that Mr. Wigneswaran who presents himself as Hindu also committed himself to the lawful structures of Sri Lanka, when he assumed office as Chief Minister of Northern Province. He did not swear on the Bhagawath Geetha – the globally accepted Hindu Bible. He thus did not confirm in action that he represented the Common faith of Tamil Community bound by common faith – given the form of  Majority religion – Hinduism. Hence the seed of his position is Common Sri Lanka through the face of majority empowered  by the Constitution and therefore  Article 9.

 

To earn the Equal status of Diversity of  particular faith – that faith needed to have been given form where one had the Opportunity to do so. In that instance Mr. Wigneswaran was the parallel of the litigant bringing her/his Truth to Court. A member of minority, who confirms allegiance to the existing Constitution with Article 9 has the duty to invoke in Action Articles 10 and 14 (1)(e) which provide for the practice of religion by every citizen as individual and/or as part of a group.

 

Your Excellency, where one side in a relationship completes her/his position duties and contributes beyond that level – such a person naturally invokes the Truth in the other to the extent of the Natural contribution beyond the call of duty. This could be damaging to the structure through which Governance is executed. To minimize this risk it is important to lift the bar to place higher responsibility on the lower relation – so the gap between the relatives is close to Equality. Where the citizen fails to raise her/his contribution, it is important for the leader to reduce her/his level of activity – so the other side could ‘see’ and identify with. The risk in the latter is that the leaders then tend to become like their followers and therefore get attached to benefits rather than becoming owners of the structure itself. Thus far you have demonstrated largely that you have more simplicity than your predecessors in that position. Our genuine investments in global structures are available to all who seek self-governance at global standards and it is hoped that our services would be valued and recognized to strengthen the structures to suit next generation and beyond.

 

To become global in Judicial structures – we need to repeal Article 9. To become Universal in Justice system – we need majority to Swear as per their form of God. Those who swore on the Sri Lankan Constitution are accepting that Sri Lanka is their form of God – not Buddhists empowered by  Article 9.

 

Yours sincerely

 

Gajalakshmi Paramasivam

CEO 

 

CC: All Concerned

APPENDIX

 

 

 

 

 


Vairavar-Kali Kovil; Sangarathai-Thunaivi;  Sri Lanka

906/ 56, Carr Street; Coogee  N.S.W. 2034; Australia


Phone 61 2 9315 7417;   94 21 2051313 ;    94 771117607

 

N. Manoharan,

Attorney-at-Law & Notary Public

109, Hulftsdorp Street,

Colombo 12

 

19 December 2015

 

Dear Mr. Manoharan,

 

THE DISMISSAL OF MR. PARATHALINGAM PC

 

Thank you for your letter dated 18 December 2015 in relation to my letter to Mr. Parathalingam PC. I respond to your questions as follows:

 

1.      The Root Cause of Termination of the Services of Mr. Parathalingam PC - Conflict of interest

You state: ‘Mr. Parathalingam PC is the senior counsel retained by you through me to appear in the said appeal. You did not discuss with me or in any manner bring to my notice the allegations you have made in your email against your counsel except your concern that he was appearing for an opposing party in an appeal in the Jaffna High Court, which appeal was in no manner connected to the appeal under reference.

 

My Response: Your position in this legal team representing my side – did not warrant me discussing details of how I felt about various attitudes. I respected you as per your POSITION. That was my DUTY. Had we sat down and discussed with you – as my husband’s friend - then I would have discussed with you on the basis of my experience and my feelings as per that experience. I recall having done just that in regards to Mr. Nadarajah whom we appointed at the primary stage of the Jaffna matter - due to the recommendation by the same person – Ms Viji Singaram Thadchan – who recommended Mr. Parathalingam PC (as confirmed in my letter dated 05 December 2015). As you would recall if that discussion was important to you from a professional angle - I was concerned about the lack of commitment to professionalism by Mr. Nadarajah – an uncle of Mr. Parathalingam PC. I was particularly upset by the direct involvement of Mrs. Nadarajah in the legal matters – especially when dealing with clients. I was paying for legal expertise and the form was Mr. Nadarajah and not Mrs. Nadarajah.

 

In the Colombo case in which  Mr. Parathalingam PC represented me – you had a position. Not so in the Jaffna case and therefore the appointment of Mr. Nadarajah to represent us in Court was independent of legal duties.  I believe that where there is position – there is DUTY. That DUTY comes first to me except in emergencies when Truth overrides all else.

 

It is interesting that you claim that the two appeal-matters have no connection whatsoever. Mr. Manoharan, the two matters are at appeal stage. As per my experience in the legal system – appeals are largely about:

1.      Errors in Law

2.      Errors in Fact

The way the same law or fact is interpreted varies as per our own thought structure. A President’s Counsel would need to have invested much more deeply in the interpretation of Law by higher minds close to Policy, and it is this investment that we pay for through the higher fee relative to an Attorney at law like yourself. You would note that the fee I paid you in relation to this appeal – is higher than that of Mr. Parathalingam’s son’s as claimed through the father. As a Chartered Accountant I upheld the value of the costs paid by me and placed you above Mr. Parathalingam’s son. That was as per my Truth and the position I hold in this team as the litigant. Towards this I had to override your readiness to not charge us because my husband is a friend of yours. At the primary stages I included it as goodwill on your part. But at appeal stage I took over the appointments and hence the payments to you.

 

My husband informed me that you had rung him earlier this week – in essence saying that I had erred. I accept that - as your professional stand in this matter but expected you to have contacted me. To the extent you contacted my husband, I took it as goodwill- sharing. It is this personal investment in each other and in different positions beyond the average participant that earns us the higher membership in our respective professions and in society – the place where we merge, naturally through our Truth.

 

Mr. Parathalingam PC’s services were commissioned for that higher personal component which would contribute towards development of new laws and/or maintain existing laws. If it were for money value only – I would have been richer spending my resources in Australian activities – selling my services to the one who was ready to pay me most. I renounced such offers to contribute to policy at this stage of my life. My book Naan Australian, of which you have a copy -  has all the details of how this happened.

 

Given the importance of that personal element at appeal stage – I felt strongly that Mr. Parathalingam would lack the higher level independence to interpret Thesawalamai Customary Law as it was practiced by our Common Family – which includes me for legal purposes. To the extent – my brother in law Mr. Subramaniam Yoganathan accepted me and placed me at a position above his sisters for structural purposes – I carry true position in relation to the settlement of his Estate.

 

Mr. Manoharan, you have confirmed in your letter, the claim you made to my husband that  my communication was defamatory. The records would confirm that I took legal action in the Supreme Court of New South Wales for Defamation – against the Party that Mr. Parathalingam is representing in the Jaffna matter. The Australian Court dismissed the matter claiming lack of jurisdiction over what happened in Mallakam Court. But I registered my pain genuinely through the processes available to me. To the extent I was genuine – the pain was submitted to the Court of Natural Justice which is accessible to all and is workable by our Truth but is not under anyone’s particular control. One who swears genuinely, accesses this power. Such a litigant is God’s servant and such a witness is an instrument of God. The workings of this system are known once we go beyond the seen and the known, on the basis of our Belief/Truth. Often as you seem to have also done – this part is not recognized by lawyers and judges who are actively playing the legal game for personal gains – including for legal grades through cleverness.

 

The litigant who submits her/his pain on the basis of Belief / Truth – holds the highest Natural Position in a court of law where FACT has equal recognition as investment in Law. Where the former exceeds the latter the conflict is naturally escalated to the higher level – the Court of Natural Justice  - with the person so submitting being recognized as the Appellant. Where this is done through the legal process of the environment (as was the case with my Australian Court Process for defamation) the results happen through the legal process also. Hence the defamation pain felt by Mr. Parathalingam PC who caught the infection waiting for someone who had earned it instead of me. It may be necessary for the Sri Lankan system to prevent such Dual Representations if that pain is too strong for the Sri Lankan lawyers. It’s based on the Doctrine of Separation of Powers. Where a person is driven by Truth – the boundaries cannot be justly limited to matters. If indeed Mr. Parathalingam felt such defamation pain – then it is his DUTY to sue me through his legal system. Otherwise I would conclude that it is mere ego pain which is more easily cured once he makes me an outsider / opposition in both matters.

 

2.      My Duty as the Litigant and as your client

You state: ‘I did not have the faintest idea that you were contemplating sending an email as you have done or any communication at all.  In fact I was shocked when I received a copy of your email. On the face of the email I noticed that you have sent copies thereof to multiple parties but not to Mr. Parathalingam himself.  If you had any concerns arising out of the professional relationship between your counsel and yourself  you ought to have brought them to my notice as your instructing attorney so that I could take appropriate action if needed. I am constrained to observe that your conduct is in breach of your duty to me as your instructing attorney and has caused me distress.’

 

My Response: Until I knew otherwise through my experience with you, I expected you to receive my communications at the same level of commitment with which I received your communications. On that  basis, when I informed you outside the Courtroom on 03 December 2015 – that I was upset with Mr. Parathalingam representing my opponents in the Jaffna matter – while my Colombo matter was still active – and asked you to find another Counsel to represent me – I was instructing you to terminate Mr. Parathalingam’s services. As per my memory you did agree to engage another counsel. Hence to my mind,  any shock in your mind, is due to you becoming the spokesperson of Mr. Parathalingam instead of my Attorney – representing me to all other participants in this matter.. Between you and Mr. Parathalingam – there may be legal standards as per your Administrative processes and professional standards. They are  not however binding on the litigants who engage your services. By instructing me – you have effectively reduced my status below yours in this instance and that is indeed defamatory in action.

 

3.      You refer to my DUTY.  Duty happens when there is POSITION. Between you and I – as per our positions,  you are the legal expert and I am the facts expert, respectively. When user of law is allocated a higher position than the user of fact – we become an over-litigated society and confirm the high risk of abuse of legal power. The highest position taken cannot be above the value of Facts submitted in Court, including through Affidavit evidence. Any position above the value of such Facts – is abuse of power. I instruct you and you instruct the Counsel who submits to the Common Judge. In this case the picture in your mind seems to be that you are instructed by the President’s Counsel and that you are instructing me. When I sent you my understanding of the matter through relevant laws, including case laws, they were submissions and not direct legal arguments. This required me to  renounce any direct benefits from my knowledge of law. That was the Separation with which I bound myself. As a lay litigant which position is facilitated actively in the Australian system – I had the satisfaction of submitting to Court – my interpretation of the law – as a non-legal user. But as a litigant represented by the legal profession – I had to ‘forget’ my own interpretations of the law in this matter – so I would better hear the legal version. This then limited me to the power of my facts alone. The reward is that I am an Equal to the highest legal person in the matter – and hence cannot be found fault with through legal standards and rules. Once I wear the legal cap – I make myself your junior.

 

There needs to be a common law that gives you the authority to judge me – as having acted in breach of my duty. Since I have no knowledge of such a law, it is YOUR DUTY as the legal expert – to advise me but you have no authority to judge and deliver such judgment. The distress comes from your own breach as judged by your conscience and it is inappropriate to pin the blame on outsiders – which I have become to you. To that extent you have to ‘wait’ until you have objectively measurable proof of wrong doing as measured by Common Principles/Law. As a friend I feel for you but I feel more for the legal system which belongs equally to the litigants who have acted within the boundaries of laws of the Nation. As a friend, I recommend meditating on the Truth to bring yourself out of the stress caused by ‘attachment’ to benefits than to contribute to the maintenance and development of the system itself.

 

4.      My Duty as the Litigant and as your client

You state:The better part of your letter contains your views of the existing legal system and procedure and the need for improvements with religious overtones. I cannot comment on these views although I find some of it incomprehensible. However I will deal with those statements of yours that relate to        Mr. Parathalingam PC.

 

My Response: Mr. Manoharan, in your offices – at Hultsdorp – the legal capital of Sri Lanka and at Havelock Town, you have the photo of Swami Sathya Sai Baba who is my Spiritual Guru. If you did not believe in the religious path – you would have had the picture of Lady Justice instead of Swami Sathya Sai Baba. In addition to this ‘personal’ component – the Sri Lankan Constitution includes Buddhism as a pathway to Healthy Justice system. Once it is a law – it has a positive role as an active measure of judgment. Hence as a Hindu, you have the DUTY to use the parallels of Article 9 and practice your religion in Sri Lankan Court Process also.

 

As per my knowledge a good proportion of Sri Lankan laws have their base in Western cultures through Roman Dutch Law and English Law. Much of this would be incomprehensible to the rural folks strongly driven by religion through which they interpret Natural Forces. The positive aspect of Article 9 of the Constitution of Sri Lanka, is the role it plays in filling that void – so minds would come together through Buddhism also. To effectively equal the substance of this – we, of the minority religions have to practice more actively our respective religions. Otherwise we would be contributing to Discrimination on the basis of religion happening when majority Judges/Administrators  are Buddhists. The risk of this happening is much higher when the Judges /Administrators  become seniors due to age and are comfortable and complacent in their positions. They then bring out their true mind structures formed by their home-cultural environments. If your above statement is true of majority in the Sri Lankan profession – then the Sri Lankan legal profession also has the contributed to the ethnic war in Sri Lanka – after Buddhism was made part of the legal system. The Constitution  being of nuclear value – automatically generates its own powers through those vested with the responsibility to practice the law. Like air that we do not ‘see’ – the power of the Constitution affects all of us one way or the other. Just because we do not recognize it does not mean that it does not exist or that it is dead matter.

 

You state further in this regard:

 

Next, I have to refer to your statement relating to the manner in which evidence of Mr. Piyadasa was recorded at the trial before the District Court. In this regard I have perused the brief to refresh my memory on the relevant circumstances. Mr. Piyadasa had been duly affirmed prior to his evidence being recorded. Perhaps you are not aware that witnesses of the Buddhist faith do not swear but affirm. In the circumstances your inferences arising from this misconception and the reference to the learned trial judge in that case is altogether unwarranted.

 

As per my interpretation, one needs religion based swearing to activate the power of common faith. To the extent one submits in Court only the ‘observations’ as a witness – like any other observer and no more – affirmation is sufficient. But where one seeks to submit one’s personal belief – the witness is her/his conscience and the closest pathway to this is personal belief. Where one is of a particular religion God in that person’s mind is given that religious form. If no such God is recognized by Buddhists – then their belief is taken to be limited to the belief in the legal system. This is further facilitated by Article 9 of the Sri Lankan Bible/Constitution. Mr. Piyadasa who claimed ownership through Prescriptive Rights – had the authority to submit evidence only from the day he declared his ownership through the legal process – which was years (10 years as per my memory) after I recorded my lawful purchase of the land from Mr. A.T.Benedict – a respected professional in our Accounting circles. All evidence regarding occupation and possession prior to Mr. Piyadasa’s legal declaration become inadmissible when he affirmed instead of swearing. In affirmation we are observers. In swearing we are also judges as per our conscience. Hence we use the Bibles of respective religions. I stated in Australian Court that there was no Hindu Bible on which I could swear. Magistrate Smith whose conscience was stronger than most other judges, gave recognition and asked the Court Officer to produce a copy of the  Bhagawath Geetha. When the officer informed the Court – that there was none in the Court – I smiled and said I would mentally swear on the Hindu Bible while touching the Christian book. The Buddha Sasana/Bible is invoked through Article 9 of the Constitution but unless a Buddhist invokes this by swearing  – the evidence is merely to confirm what happened – as if the witness is an outsider. It does not confirm in the language of the law – the Belief of the witness as to why something happened. In this instance – it may confirm that Mr. Piyadasa occupied that land at certain periods. But it did not confirm validly in that Court that he BELIEVED the land was his. It is that deep belief in the higher powers beyond the seen and the known that adds validity to our Affidavit Evidence in support of WHY? Had Mr. Piyadasa sworn on Article 9 of the Sri Lankan Constitution – his evidence as to why what happened after he became a member of the system of Law – would have been admissible. This on its own still does not deliver a win for Mr. Piyadasa but his evidence would have been more admissible in regards to his belief based ownership from that moment of declaration until he was challenged by me through the legal process. This is way below the legal requirement of 10 years.

 

Given that you state on behalf of  Mr. Parathalingam, that my observations in this regard were ‘altogether unwarranted’, I conclude that I did hire the wrong Counsel who could not distinguish between belief as an insider /owner and observation as an outsider.

 

Take for example your following statements:

‘You chose Mr. Parathalingam PC as your counsel for the appeal and pursuant to your choice, with which I was also in agreement and I retained Mr. Parathalingam PC as your senior counsel. I also retained Mr. N. K. Parathalingam as junior counsel. You were well aware of this position and handed to me the fees due to both senior and junior counsel which I paid to them.’

 

They become ‘facts’ only to the extent one believes in the causal forces. Otherwise they are merely bodies of  facts and are irrelevant beyond constructing the picture of what happened. In the above passage you have confirmed that Mr. Parathalingam PC was retained due to my decision. I was the causal force. If YOU retained Mr. N.K. Parathalingam then YOU became the causal force. As per my observations – Mr. N.K.Parathalingam is Mr. Parathalingam Senior’s assistant and does not have any independent standing in this matter. Yes, I was aware of this position and by paying the money to you I accepted what happened. This does not mean that I caused it to happen. That team formation may be beneficial to both Counsels. But to my mind, if one was hired independent of the other – then I as the client would have received more wholesome service through a different angle of interpretation, of this matter. This to my mind, is the philosophy underpinning Lord Muruga’s six faces of observation – with each face representing an organ of observation plus the sixth – being the Common surface memory in our brain through which we receive the observations and forms the wholesome picture of 360 degree view.  If you hired Mr. N.K. Parathalingam as an independent contributor – then you ought to have demanded independent input from him as an Equal to his father but for a different part of the process – as is the case with you.

 

You state: ‘I must add that as your senior counsel in the said appeal Mr. Parathalingam PC has on every date of hearing been present in Court with his junior counsel ready to argue the appeal and was not responsible for the postponements.’

 

Mr. Manoharan, your friend and my husband would inform you that there is a component of marks allocated for ‘attendance’ for fresh students at his University. A committed University student would not need such allocation. Likewise a committed senior lawyer who stands as an independent would not need to prove that he earned his fee by attending Court. All of you are contributors to the delays in Court. Did you ever allocate marks to me for coming all the way from Sydney, Australia to confirm my commitment to the legal system? Someone Up Above did and hence my contribution to the Legal system to improve Administration. During the last session in the Jaffna matter, despite learning that the Court would not hear the Appeal due to one of the Judges being on leave, I attended Court as a mark of respect for the Court staff who did their duty. Above all, I respected my own contribution to that matter and therefore registered my presence in Court for Administrative purposes. Now I realize that the True Administrator in me took me there – as if the Court was in session for registry purposes. But there Mr. Parathalingam did announce to the judge the angle from which he was seeking to argue the matter. This to my mind, was unethical given that my side lawyer was not present and I myself was not recognized and allocated a position to represent myself for that time. I did the needful anyway and apprised our attorney at law of the gist of Mr. Parathalingam’s presentation – to the extent I understood it. The reward is the revelation through you that Mr. Parathalingam is not as strong as I in Administration which is common to the lawyer, the litigant and the judge. Unless Mr. Parathalingam argues through a particular section of law within Thesawalamai, applicable to Intestate Estate  and its interpretation by the legal fraternity – it would be very difficult for him to win on merit basis. If it were that easy – Mr. Yogendra who represented my opponents in the Jaffna matter at the primary stage – would have represented them at the appeal stage also. On the other hand it could also be due to his fear of our Attorney at Law – Mr. V.Manivannan’s expertise – despite the latter being a junior – more or less parallel to Mr. N.K. Parathalingam.

 

If Counsels do not take money for mere attendance they  are more likely to promote competition which is healthy for legal business. Every postponement is confirmation of Administrative weakness within the legal system.

 

You state:

 

I disassociate myself with and totally disapprove of other general remarks you have made about    Mr. Parathalingam PC.’

 

I strongly suggest that you send a copy of this letter of yours to Mr. Parathalingam PC so he gets the right message about you. I in turn did NOT associate you with those remarks and hence am outside  your circle of approval or disapproval.

 

You state:

I have taken note of your wish not to avail yourself of the services of Mr. Parathalingam PC and junior counsel in this appeal. In the present circumstances I am sure he will readily return the brief to me.

 

If Mr. Parathalingam does not return the brief and you are therefore not able to replace the services through another legal expert – I propose to represent myself and ask you to please do the needful to facilitate this – of course for a fee.

 

You state:

 

In your email you have not made any allegation whatsoever or any lapse of Mr. Parathalingam PC in conducting this appeal and I myself was also convinced that Mr. Parathalingam PC has done his best. I noticed that the statements made by you against Mr. Parathalingam PC are unwarranted and unjustifiable. It is very wrong of you to question his integrity and honesty because he has conducted this appeal without a lapse on his part and in the best possible manner. Further it was very wrong of you to copy other institutions and individuals as they are not in any way connected to this appeal.

 

Mr. Manoharan, Mr. Parathalingam PC’s best does not include his higher integrity needed to maintain  the core purpose of the existence of the Doctrine of Separation of Powers. To me as a deep investor in the system of Democracy – this commitment to the Separation of the mind from the ‘other’ side is an essential part of success through the Legal Process.  It is also strongly needed by our National Government and each one of us has the opportunity to strengthen this power through our genuine and independent practice of the Doctrine. Mr. Parathalingam confirmed his weak investment in Democracy – by failing to separate himself from one side or the other. I did the needful to uphold that separation and this I believe is healthy for the system as a whole.

 

You conclude by stating ‘In the circumstances I advise you to withdraw all allegations and apologize in writing to Mr. Parathalingam PC and send copies of same to all concerned.’  You use the word ‘advise’ but in essence your message has the quality of ‘instructing’ me as to what I should do. I decline to withdraw any of my statements but I promise to continue with MY PRACTICE of being Transparent to all concerned.  Mr. Parathalingam PC himself has not listed his email address publicly and hence our staff here  sent his letter by registered post on 17 December. But as expected, the email has reached Mr. Parathalingam PC though his junior.  I inform you that this is my pathway while in Vaddukoddai which is very very slow in its Administration – after 30 years of war.  No withdrawal no Apology. May I remind you that we Sri Lankans are moving towards  a laissez-faire system under the current leadership.

 

 

Yours sincerely

 

 

Gajalakshmi Paramasivam

CC: All Concerned