23 July 2017
Is the Judiciary entitled to Special favours?
Last night when I read the news of Justice Ilancheliyan having been shot at – here in Jaffna I was upset. Mr. Ilancheliyan is a good judge and one needed by Jaffna. I breathed a sigh of relief when I read that he was physically unhurt but that the security officers protecting him were injured. To me it is significant that this happened at Nallur - at a time when we are eagerly awaiting the 25 day Nallur festival to commence next week. Time and place denote the boundaries of structures that define relativity. So what is Nallur Murugan saying? I keep thinking.
I have learnt through my own experiences to do what I can through MY official system and then leave the rest to God. From then on I become the observer of the system of karma. The outcomes as per that system have so far been better for me than the ones I myself would have derived from MY official system.
On the last day of my stay in May this year, here in Thunaivi in Vaddukoddai District - where the first political declaration of Tamil Independence was made in 1976 I was upset by two young guys using our temple to demonstrate their rowdy behaviour. We have come a long way in disciplining the youth here but the disorder continued through some who had more ‘freedom’ than others of their age. Thanuraj and Mahinthan grumbled and left when I physically confronted them. Both are around 16-17 years of age. They were idling when I at the age of 67 was working hard to clean the cottage and make it as orderly as possible before I left. Within days of my departure our gates and fence were damaged at areas not covered by the Security Cameras. The solar light covering the Public pathway, which cost us Rs.40,000 was stolen. The Chief Minister of Northern Province came here to open a common cultural hall but I doubt that he knows about any of this.
One of my readers wrote in response to my criticism of Mr. Wigneswaran who asked for help of Singaporeans:
[ I fully agree with your claim. However, if others in charge of something are not considering you for those positions, then there must be some reasons. It is not always necessary to choose the most qualified and experienced for every position. There could be other qualities such as amiability, affability, flexibility, acceptability etc., etc. Irrespective of educational qualifications the above mentioned qualities too go hand in hand when dealing with public and their affairs. We can call a spade a spade when we have to, but that too could be done in a friendly manner. This approach has to come either naturally for people who aspire to be administrators or who are appointed as administrators.
One such administrator I came across when I was living in the Eastern Thamil Elam, Batticaloa. He was the G.A of Batticaloa District in 1980s. He was picture perfect of the qualities I mentioned above. As I too was a Rotary Club member along with him, I had many personal occasions along with him and at that time as I was the youngest member in the Club I learned a lot from this gem of a person, who was very well respected, liked and trusted by the people of Eastern province.
From your writings I gather you are a learned person longing to be recognised by others. There is nothing wrong with it. That is human nature. You just keep on doing what you like to do for your people and that will give you immense satisfaction. Self- satisfaction is the best satisfaction that makes life very peaceful for every human being. When we do not realise this simple factor in life our life becomes traumatised.
.......Why am I writing to you all this? Just to exhibit how people can be very simple and liked by many people.
In thamil there is a saying. ‘kadamayai chei – palanai ethirpaaraathey’. Do your duty – do not expect anything in return.
You take my word (I have experienced life for almost 72 yrs. And your experience is 65 yrs), life will be wonderful and peaceful for you. ]
I responded as follows to the above:
I do agree that the best is not always chosen. But to the extent one has been chosen by another under similar circumstances – one must add oneself more to that person than the ones that did not recognize one. I have been working for my own satisfaction for a long time. As for doing my duty – it is my duty to write as I did – that Wigneswaran erred. It’s a healthier way to discipline him than through other personal reasons . THAT to me is Manitha Neyam / Love of fellow human.
This morning I had words with our coordinator who did not know that we had installed 2 solar lights – at the cost of Rs 40,000 each. They are along the boundary of the public pathway donated by us to the folks here. One has been stolen and no one seems to care. I myself said to my husband that I felt upset but then – since no one missed it – I was not going to replace it. Param agreed. To me this is not different to Mr. Wigneswaran missing out on what’s available to him here. BELIEF always takes you to the real person you need. By excusing them – you are revealing that you also lack belief in the system here. It’s what’s best for this area and one who truly cares would identify with what’s available. Prof Satha and I had differences but when I took a stand he always submitted. His parallel at the University of NSW was Dr. David Garlick for whose Sports Medicine Unit – I wrote many proposals including one for Prosthetics and Orthotics in partnership with La Trobe University. I got them the funds from the government. It is sad that you also do not see the loss here. Is it not your duty to expect on merit basis and not justify the outcomes produced by those you identify with? Sorry to ask this bluntly – but what authority do you have to add your vote to the CM instead of questioning him as to why he did not choose the best for Northern Province? Is it because you also like the Singaporean flavour more than this local one? Jaffna deserves the best and if I consider myself to be the best – I will bring it out again and again. THAT is my democratic duty.
We reported the above matter to the Police – but the Police do not take direct action unless there is ‘evidence’. Since I did not have Camera recording – we did not proceed further. One of the Police Officers who comes to our classes did conduct an inquiry but did not act on it – due also to my request not to punish any suspects. We got the fence repaired and left it at that.
Last week, on my way to our cottage here in Thunaivi, from the Jaffna Railway station – the local tuk-tuk taxi driver updated me with local news including about the theft of jewellery at the home of Thanuraj’s aunt – Rajeswari’s home. Rajeswari – as is her usual way – came over to see me last evening. Then she gave me a detailed account of what had happened and how most of the expensive jewellery had been put back in their garden, after the Police were brought in for inquiry. Rajeswari whose Thaali (wedding necklace) was part of the stolen jewellery shared with me her pain and suffering – not knowing why it had to happen to her? But what struck me most was the fear that Thanuraj exposed as per her report - when his foot fitted the footprint near the well. Rajeswari said Thanuraj was shaking and was taken away by the Police. The Police had brought sniffer dogs also – for which Rajeswari was asked to pay Rs 10,000. Thanuraj is her brother’s son and her husband’s sister’s son. Rajeswari said that even though she knew he was dishonest – she did not expect him to steal from her. I would have expected Thanuraj to so behave – because of the way he spoke to me disrespectfully and also due to his mother defending her sons whenever they were caught doing wrong. There is also the general ‘stealing habit’ common to Thunaivi. But I did not expect such a strong punishment for Thanuraj so soon after the temple incident. The system of Truth always supports those who maintain that system. That is the only assurance we have and when we know we have that assurance – we do not need the support of others – except for official purposes.
Justice Ilancheliyan kept stating during his press conference after the above attack – that the Judiciary needed more protection from the Government. But is the Judiciary entitled to expect more from the Government than the ordinary citizen upholding the law under very disturbing conditions – as in Thunaivi for example?
How did Justice Ilancheliyan use his own powers when it was dangerous for us to attend courts? Did Justice Ilancheliyan make special arrangements for the litigants to be protected when there was harthal / strike over another rape case? During the past few sessions we had long waits in the courts due to Vithya rape and murder hearing. This meant more expenses for us to participate in court proceedings and less for investment our own personal security – for example to hire our own bodyguards when coming to courts at the risk of being attacked. On one occasion, Barrister Parathalingam whose services were terminated by me after he demonstrated lack of belief in us by representing our opposition in Jaffna while representing us in Colombo in another matter, spoke harshly in the Jaffna court and threatened to move for the current Jaffna matter to be dismissed due to our side lawyer not attending court. Justice Ilancheliyan seemed to go along and started warning me. Then I said in Court – that since I had prepared the Appeal papers – I was ready to proceed without the lawyer. THAT Mr. Justice is the Independent litigant. The date for judgment in our Appeal was fixed for 19 July – but after a long wait – all of us heard that our matters were getting adjourned. Judge Ilancheliyan did not attend Court as scheduled. It may have been due to the Vithya Rape and Murder trial or other more important calls. But disappointing me – who came all the way from Australia - to say ‘thank you’ to the Courts and especially Justice Ilancheliyan who prevented Mr. Yogendra the lawyer – who hired Mr. Parathalingam – from insulting me stating that I was not eligible to participate in the court processes as I was not ‘family’ due to Paramasivam being my second husband, had its own karma once I completed the Court process. The primary judge – Justice Gajanithipalan allowed Mr. Yogendra the ‘freedom’ to abuse court process by setting aside my lawful status – as a lawfully wedded wife of Subramaniam Paramasivam and relation of the family of the Deceased Subramaniam Yoganathan. My question to Justice Ilancheliyan is – who disciplined Mr. Yogendra and Mr. Gajanithipalan who shouted at me stating that my behaviour was – street behaviour. The behaviour was to discipline both lawyers for not upholding my lawful status in a court of law – as is their DUTY. These men are also part of the Judiciary. They disrespected this independent litigant and have gone unpunished at the human level.
When the Court officer called out our names – I stood up on behalf of my husband and I. When the name of the first petitioner – the sister of the Deceased was called out, the court was informed that she was not present – even though she lives here in Vaddukoddai. These are simple measures through which the Court could have ruled in 2011 – when the matter first came before the Courts. As I keep saying to those who seek my advice – the court is also an appeal structure – when order is not possible as per Truth at family level. Our Affidavit – signed by my husband showing how the ‘family court’ decided at each stage – was set aside on the claim that it did not have the jurat clause. But that judgment was not delivered until the last and this had the effect of denying us the due process to appeal that part before we proceeded further. But the proceedings continued on the basis of our objection which was already bad in law after our affidavit was set aside as being bad in law ! This was like tying the hands and legs of a person and then asking him to physically defend himself.
On 19 July even though Justice Ilancheliyan was not present – I said my thank you in my mind to the Consolidated mind of the Court that heard me as per the LAW. The rest I left to the Lord. Hence – the anxiety felt by Mr. Ilancheliyan to my mind – was due to the disorder within the Judiciary. Instead of participating in the lawful process – my visit this time is focused more through religious system – starting with Nallur Murugan festival next week. I believe that once my participation is absent – the rest goes down to its natural level and my contribution empowers their opposition – i.e. – those who attack the judiciary and work against it. That is the way of Natural Justice / Truth.
My brother in law Subramaniam Yoganathan also did not find justice in the Northern Court system – after he was suspended for a wrong he did not commit at the Cement Corporation. He needed justice to be upheld and his status restored through his position at the work place. The judiciary did not uphold this. If the Judiciary represents one half of the Courts – we the People represent the other half. Hence the Judges bow to us when we bow to them. Any request to the Government is a request to the People that the Government represents. This includes Mr. Subramaniam Yoganathan through his heirs – the real heirs who continue to carry forward his values.
My question is what entitlement does the Judiciary have to ask for protection when it upheld the claim of the sisters of Mr. Yoganathan, and their husbands – to whom he was just another piece of furniture in that household once he stopped working. He was given some recognition when the sisters needed something to be done for them by him. It was never about him and his needs. Had the judiciary upheld his Truth in the work matter – and had he continued to work – he would not have been so treated and more importantly he would have felt the urge to take greater care of himself after the cataract operation he had had. It was during recovery that he fell into the well and the Petitioners did not miss him for hours. All this was before the Courts and yet it approved at the primary level – the application for Heirship without any Administration. Claims have been made in the application for both brothers in law to be paid monies owed to them by the Deceased – which were not supported by any evidence. Those deductions themselves are part of the Administrative process and yet the Northern Judiciary upheld that no administration was required!
We – my husband and I have done our duty by bringing our Truth to Courts through Due Processes – painful step by painful step. The rest we have submitted to the Lord. To my mind, the Lesson that Judge Ilancheliyan needs to learn from this is when they disrespect law abiding citizens – and those citizens submit their appeal to the Lord – the Government has no say because like the other nations that Sri Lankans have migrated to – we litigants have migrated to the Lord’s system of Natural Justice – where those who have failed as per their official positions rank after those who complete their duty despite being listed as failures by the official human systems.
Here in Thunaivi – I pray to the Lord. In terms of security – I pray to my family ancestors – who invested in this divine place. I believe that they look after me and that is all that matters. Even if I die at the physical level – my belief would continue to live through my real heirs – who are those who believe in me through the consolidated values that we naturally share. Biological relatives who lack the power of consolidated value – are false claimants – like my siblings in law. Likewise the real judiciary are those who are the other half of the People – Equal other half and not greater part. The Equal Judiciary would naturally feel independent and would not ask for protection from its other half / opposition.