09 August 2020
Two Thirds Majority to Demote Judiciary ?
I learnt through Mahabharatham – the importance of structures in a war. They are known as Vyuham in Tamil. One has to not only know how to work one’s own structure but know also how to make that of the opponent powerless or less powerful. Technical knowledge works differently in different structures. The reason for this to my mind is the power of the Energy within each structure. A structure becomes a heritage only when it goes past its current environment – of time and place. This is why plagiarism is a sin in academic world. Knowledge without respect for the origin effectively loses power when it goes beyond its local borders. In Tamil culture the mind of the guru is taken as the structure within which technical knowledge is carried. The sharing of mind is confirmed through blessings. This is also the reason why we bow to the Judge in a Court of Law. Mere technical knowledge lacks structure and therefore would fail the test of displacement through time and space.
The victory of winning two thirds majority in Sri Lankan Parliament is likely to kill opposition and therefore Democracy. As per Sri Lankan experience – rebels are dictatorial and would not function well in a Democratic structure. More importantly they are likely to upset the Balance of Power between right and wrong in the minds of followers of law.
Based purely on majority verdict, there is a big gap between the Judicial mind and the People’s mind. Like in Prescriptive rights – uninterrupted custody adverse to the official custodian by law, over long period, confirms belief based ownership. This is exponential in value. The lawful purchase is relative. If for example, the Coronavirus was new and particular to the current environment, it would be relative in its spread. If it happened before and we neglected it – the value is exponential – albeit negatively. That is the way of nature. This also is the case in relation to wars that are carried beyond their local boundaries.
Arjuna Ranawana in his Economy Next article headed ‘Sri Lanka voters elect two men allegedly involved in murders to Parliament’ shares with us examples as follows:
[Sri Lankan voters have chosen two men, one accused of murder and another convicted of killing and sentenced to death as representatives in Parliament in last Wednesday’s Parliamentary General Election.
The first is Premalal Jayasekara who is currently on a death sentence for a murder committed during the 2015 election campaign and the other is Sivanesathurai Chandrakanthan who is in remand custody on a murder charge.]
In its report headed ‘Former MP Premalal Jayasekara sentenced to death’ Adaderana presents the following picture:
[SLPP candidate and former MP Premalal Jayasekara and two others have been sentenced to death over the fatal shooting incident in Kahawatte during the Presidential Election in 2015.
Former Sabaragamuwa Provincial Council member Nilantha Jayakody and former Kahawatta Pradeshiya Sabha chairman Vajira Darshana have also been sentenced to death over the case.
The verdict in the case was delivered today (July 31) by the Ratnapura High Court, Ada Derana reporter said.
The shooting took place on the morning of January 05, 2015 and resulted in the death of a political supporter who was decorating an election stage of then Common Candidate of the presidential election Maithripala Sirisena in Kahawatta.
The UNP supporter, who was engaged in decorating an election stage, was wounded in the shooting and succumbed to injuries in hospital on January 8.]
Now it looks as if that death of UNP supporter on the day of the Presidential elections, confirmed the fatality of the UNP itself. Where there is belief – a manifestation is NOT a coincidence. By electing Mr Premalal Jayasekara, the People of Ratnapura who elected also Mr Vasudeva Nanayakkara, who is a relation in law of Mr C V Wigneswaran (carrying the title of Justice) who has moved away from Northern Provincial Council to National Parliament, have dismissed the Judiciary. One who claims self-determination instead of Equal opportunity in multicultural environment would have waited for the next Provincial Council Elections to confirm the investment in Separatism. Instead – Jaffna has been used as stepping stone to National Politics. Such leaders represent those driven by benefits and not structures. They have no right to claim representation of Heritage.
The verdict of the People of Ratnapura in the case of Mr Premalal Jayasekara who now becomes equal in status to Mr Vasudeva Nanayakkara and Mr Wigneswaran, have confirmed their rule to be mafia rule. The question of whether Mr Premalal Jayasekara’s name was legitimately allowed in the voting list has to be examined through Article 89 (d) of the Sri Lankan Constitution which provides as follows:
[No person shall be qualified to be an elector at an election of the President, or of the Members of Parliament or to vote at any Referendum, if he is subject to any of the following disqualifications, namely –
(d) if he is serving or has during the period of seven years immediately preceding completed serving of a sentence of imprisonment (by whatever name called) for a term not less than six months imposed after conviction by any court for an offence punishable with imprisonment for a term not less than two years or is under sentence of death or is serving or has during the period of seven years immediately preceding completed the serving of a sentence of imprisonment for a term not less than six months awarded in lieu of execution of such sentence : Provided that if any person disqualified under this paragraph is granted a free pardon such disqualification shall cease from the date on which the pardon is granted ;]
The background of Sivanesathurai Chandrakanthan was presented by Kanagarasa Saravanan as follows through Ceylon Today article ‘Court permits Pillayan to contest polls’:
[Former Eastern Province Chief Minister Sivanesathurai Chandrakanthan alias Pillayan was granted permission yesterday (12), to contest in the General Election, while in remand custody.
Civil Appellate Court Judge D.S. Susaithas yesterday ordered Batticaloa Prison Officers to grant permission and make all arrangements to Chandrakanthan to submit nomination at the Prison.
Five persons including the Leader of Tamil Makkal Viduthalai Pulikal Chandrakanthan were remanded on 11 October 2015 in connection with the alleged murder of MP Joseph Pararajasingham on 25 December 2005 while attending a church function. Chandrakanthan had made an appeal to the Court asking permission to contest the polls from the Batticaloa District while serving his prison sentence. Judge Susaithas who considered the appeal yesterday (12) granted permission to submit Chandrakanthan's nomination at Prison between yesterday and 19 March and ordered the Superintendent of the Batticaloa Prison to make all arrangements to make the nomination.]
In both instances the People have overruled the Judiciary and effectively acted in breach of the Constitution. With two thirds majority in Parliament – this government can amend the above mentioned article for future purposes. But right now as per my interpretation of this article neither of the above candidates qualifies to be a law-maker.
Laws could be brought down to fit politics. This then means that we would not need high investment in the study of law at university level. Our Judiciary also would not connect to the higher judicial minds from whom we inherited the law, nor to those higher minds that would lead us towards globalization.
Mr CV Wigneswaran carries the title ‘Justice’ while claiming the entitlement to merge North & East. Yet he was disrespectful of the Judicial minds that are carried in our Constitution. At least now – he has the opportunity to present a Bill in Parliament to abolish Article 89 (d) so that officially we can recognize his partnership with Mr Rajapaksa’s SLPP through which Mr Premalal Jayasekara has been facilitated to be illegally elected.
Strange are the ways of Truth which has manifested this commonness between Mr Wigneswaran and his relative by law who must have intuitively connected the two leaders. Both have the identical Political Vyuham/structure which naturally opposes the Judicial Vyuham/structure . What a commonness! Who needs reconciliation between ethnicities! We need Reconciliation between the Law Makers and the Judiciary!