Gajalakshmi Paramasivam

03 September  2020

 

 

Our True Constitution

Our elders discovered truth which becomes our law. When we discover truth we become elders to those who follow the law that the truth confirms. Every truth discovered has a lawful structure. When we see that truth without the costs or the benefits, we identify with that structure. Hence the covering of the eyes of Lady Justice.

 

A Tamil Diaspora leader responded as follows, to my yesterday’s article headed ‘All Non-Buddhist Leaders in Sri Lankan Parliament are Unlawful Entrants’

[Very interesting analysis, Gaja. Could they also include, "true believers of true Buddhism in words and deeds". ]

My response to this was :

[It is doubtful that this would directly bring about changes in the written constitution. But the way we see politicians who disregard this to be in Parliament as subordinates, will change. Effectively all of them are like Karuna and Viyalendran.]

Politicians who ‘see’ outcomes first are traders. Politicians who see outcomes only – are gamblers. Politicians who do not ‘see’ outcomes but only the Energy / Truth  that supports existing structures are Governors. They make exponential contribution to their nation/environment. They are never forgotten because truth is eternal.

Recently Dr Jeyaseelan Gnanaseelan of the University of Jaffna shared with us his discovery of the contributors to the Lankan ethnic conflict through his paper ‘A Discourse Analysis of Ethnic Conflict and Peace in the Editorials of English Newspapers; A Case Study of Sri Lanka’ . Dr Gnanaseelan confirms his identity with Media Monitor (2004:28) as follows:

[What would have been the reasons for different truths to be reported to the Sinhala and Tamil people? Such reporting confirms the statement that the Sri Lankan media are not partners in the resolution of the conflict but participants in the disharmony among the communities.]

Only a very small part of the contribution by the official media contributes directly to truth and therefore eventually to lasting peace. When they uphold the laws of publishing, that also goes towards upholding the truth that the minds discovered and we inherited as laws and Due Processes. By the same token if we contribute to frivolous use of laws and law-makers – we weaken our own mind and eventually we weaken peace in our environment. Media, from time to time facilitates us to identify with minds that care about others.

Ms Sanja De Silva Jayatilleke revealed such a mind through her article ‘Blessed are those who seek justice’. Daily FT gets a share of the blessings by publishing that article. The share comes as per satisfaction of needs of the readers. Ms Sanja De Silva Jayatilleke’s sharing includes the following:

[I do not know Hejaaz Hizbullah. ….. I do not know who his clients were as a lawyer. I do know that lawyers defend all sorts of criminals, because they are considered innocent until proven guilty. This is the only guarantee that we as citizens have of getting representation in a court of law, if by some unfortunate turn of fate one is accused of some crime one did not commit. It is a lawyer who can ensure the protection of the law to those unfamiliar with the legal arguments, as most of us are, and justice for the innocent.]

When Mr Hejaaz Hizbullah defended clients he would have added his own credits with the law. In some instances, the clients may be not guilty as per their own conscience but guilty as per the written law and v.v. Hence  as a couple – they would not be guilty if Mr Hejaaz Hizbullah’s own credit with the common law is high. That is the value of community and family. As a lawfully qualified lawyer and as one who has been practicing the due processes of common law - Mr Hejaaz Hizbullah has credit as Sri Lankan. As one who defends Muslim clients due to common cultural belief – he is a senior Muslim who would internally discipline those who act in breach of Muslim law. That is the main purposes of Customary laws- so that someone is not punished outside the boundaries of Natural Justice.

Ms Sanja De Silva Jayatilleke continues to lament as follows:

[I do not know if the inquiries will yield proper results or if it’s even possible. I do know that even if nothing comes of the inquiries anytime soon, there is something that a government can do, so as not to make things worse for the people. And that is not to pour vinegar on the wound. Every day that an innocent person suffers in prison without charge while the authorities scramble for evidence, and as days turn into months, the collective wounds of those left behind looking for answers, are renewed and their insecurities are redoubled. It begins to look like someone is being made a scapegoat because there is not much else the authorities can do.  ]

When a Buddhist finds fault with a Muslim, s/he needs objective evidence. A Buddhist has the authority to find fault with another Buddhist subjectively. This is reassured through article 9 of the constitution. In addition to being a Muslim, Mr Hejaaz Hizbullah by profession is senior to investigating  officers without a law degree. Hence the greater need for Objective evidence before damaging such relationships and therefore civil structures. Dr Muhamed Haneef  was arrested by non-Muslim law-enforcement officers – and the only apparent reason was that he was relative of those involved in the Glasgow Airport attack.

As per Wikipedia: ‘Haneef's detention became the longest without charge in recent Australian history, which caused great controversy in Australia and India.’

Dr Haneef was released within a month. That is the power of the Australian Public’s participation in the process of Justice – especially through the media. Mr Hizbullah was arrested on 14 April 2020 by the Sri Lankan CID. It is now more than four months since that action. Yet as per reports – he has not been formally charged. Justice Minister - Dr Ali Sabry – a Muslim himself, highlighted in Parliament, Article 12 of the Sri Lankan Constitution which provides as follows:

[(1) All persons are equal before the law and are entitled to the equal protection of the law.

(2) No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of such grounds ]

When the person with authority to punish has knowledge that the person being punished is of  different race, religion, language, caste or gender – that person has to consciously prevent herself/himself from using subjective thoughts and consciously apply the rules from zero advantage start. That process needs to include the requirement of objective evidence when the person being charged is of a different culture on the basis of any of the above factors. Yet Dr Sabry is busy with changes to oblige politicians in high positions, while his community is denied the protection of the existing constitution.

The true power of minorities is in the absolute power of truth – as an individual and/or as a community. Otherwise we become juniors and eventually slaves of masters through  majority power.

Unless members of minority community in Parliament refuse to abide by Article 9 of the Constitution – they do not need laws of equality and therefore we do not need many articles in Chapter III  - the Fundamental Rights section of the Constitution. Fundamental rights are Belief based. This chapter also provides against arbitrary arrests. Dr Haneef  sued the Australian government and was awarded compensation. In the case of Mr Hizbullah such compensation against the Sri Lankan government is accumulating unit by unit in the court of Natural Justice/Dharma.

The more un-practiced a law is the greater the need for Jury hearing.