Gajalakshmi Paramasivam

17 September  2020

 

 

 

Respecting the Judiciary

There is People’s power and there is Government power. In true democracy the two would be each other’s half. This applies to any sovereign unit. When a leader is elected to Parliament that leader makes up only half the power. If the real power of the People is greater, that leader has to continuously listen to the People. It was with this in mind that I asked the question as follows:

[Would appreciate very much the knowledge as to which division within Jaffna District Mr Wigneswaran represents. This is necessary for me to construct my response. There are others here in Australia who also appreciate this alleged ‘fact’]

 The confirmation came as follows:

[Mr Vickneswaran MP represents  Jaffna district. The entire group of seven mps represent the  whole district. There is no division as such in the current system.]

 

I shared this knowledge on 15 September 2020 - through my article ‘Is Tamil Nationalism getting Defeated ?’

Yesterday, on that subject matter, I received email headed – ‘Sumanthiran is pushing Deniswaran into a political disaster through his lawyer.’

I was then referred to https://www.tamilwin.com/srilanka/01/256144?ref=archive-feed. As per my understanding, this message said that Mr Deniswaran had shown in action that he did not intend withdrawing his case against Mr Wigneswaran. In addition, the article expressed anxiety that Mr Wigneswaran might be punished by the influence of extremists who did not like the statements of claim of Tamil Nationalism made by Mr Wigneswaran in National Parliament. I did not identify with that. But I needed to know the truth as to whether Tamilwin actually believed that to be true or was merely speculating. Of assistance was the report about Justice Elancheleyan’s ruling in Trincomalee High Court being upheld by the Supreme Court. This was seen positively.

As is my way I looked through the Constitution to find out the risk to Mr Wigneswaran’s seat in Parliament and responded as follows:

What is the maximum punishment that is likely to be imposed? Article 89 (d) of the Constitution states as follows:

[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 ;]

Would the punishment qualify as per the above? If not why worry? Gandhi went to prison because it was good for India. ]

This morning, Tamilwin reported that Mr Deniswaran withdrew his case unconditionally. My attention however was drawn first by Adaderana report headed ‘Appeals Court closes contempt of court application against Wigneswaran’ – published yesterday evening by which time I had retired for the day:

[Attorney-at-Law Suren Fernando, representing the former Northern Province Minister of Fisheries, Transport, Trade and Rural Development B. Deniswaran, who lodged the case against Wigneswaran for removing him from the ministerial portfolio, told the judge bench that Wigneswaran and Ananthi Sasitharan have agreed to withdraw an appeal filed with the Supreme Court.

He accordingly notified the judge bench that his client does not wish to proceed with the application.

President’s Counsel K. Kanag-Isvaran, who represented C.V. Wigneswaran and Ananthi Sasitharan confirmed his clients’ wish to withdraw the relevant appeal.]

 

This was NOT included in Tamilwin’s report. I was upset also because of my own high esteem for the Colombo Court of  Appeal which upheld my rights in a Colombo Land matter. The appeal itself had been pending for over 20 years. At the same time Justice Elancheleyan – according to my mind, miscarried justice in a testamentary matter which was about Family Rights.

Incomplete report towards conclusions that one likes to produce,  amount to cheating. When we find fault with others for the sake of promoting ourselves, we lose our balance in thinking. Sometimes we lack the ability to read both sides. Then we need to limit ourselves to Reporting and prevent ourselves from practicing advocacy.  If the Supreme Court upheld Justice Elancheleyan’s ruling, then that confirms that the Supreme Court through which institution Mr Wigneswaran carries the status ‘Justice’ is within the group approved by Tamils. Despite this, when negative sentiments were expressed by Tamilwin, it demotes the status through which Mr Wigneswaran fortifies his dignity as a just person and integrity as an educated person – upholding the law and the verdict of its judgments through current custodians of its power.

Truth discovered in Jaffna and/or about Jaffna would empower all those to whom Jaffna is ‘home’. One sided reporting makes the medium sensational and frivolous and slows down the spread of the deeper universal power which spreads itself  when there is a true need.

The source that sent me  Tisaranee Gunasekara’s article ‘Isn’t that a dainty dish to set before a king!’ with the advocacy note ‘TISARANEE WRITES YET ANOTHER GOOD ONE --  My new FT column - MUST READ ATTACHED IN FULL’ wrote as usual in relation to my above mentioned article ‘F.Y.I.ONLY IF INTERESTED’.

To my mind, Tamilwin as well as the above Tamil Diaspora member like what the likes of Tisaranee Gunasekara write – because it gives them brownie points with those who blindly chant the Tamil Nationalism slogan. Mr Wigneswaran caters to this group and hence his loss of investment as Sri Lankan. This is why he failed to share the Justice Energy with Jaffna but promoted Political hype through claims of Nationalism. The dismissal of Mr Deniswaran was in breach of the Constitution which empowers the Governor to appoint and therefore dismiss.

The Jaffna Judicial system has much to learn from Colombo Judicial system. Mr Wigneswaran has the first duty to repair the damage he caused by disrespecting court ruling. He ought to have even if he thought it was wrong. As per my mind, that ruling was in accordance with the law. By disrespecting Mr Wigneswaran demoted himself in that institutional hierarchy. THAT is a real loss to the Tamil community which uses that status to respect itself.

In contrast I was disciplined by the Mallakam District Court Judge for saying to the opposition side lawyers in the lawyers’ area ‘na[f viAl maT ;lfAl’  / I am not a prostitute’ and I accepted it with much pain to myself. This was in November 2013 – a month after Mr Wigneswaran became Chief Minister. That by structure is a non-executive position. It was a governing position. The way a Governor works is through her/his Energy which naturally spreads to the needy. In contrast, my land case above was completed successfully in July this year – under the current Presidency which is also largely a governing position after the 19^th Amendment to the Constitution. Out of the two – the Colombo judiciary under Mr Gotabaya Rajapaksa plus the current constitution,  has upheld justice much more than Jaffna judiciary did under Mr Wigneswaran plus Thesawalamai law.

The picture above was one of ‘hope’ that Mr Wignewaran would share wisdom in Judicial Administration with the Jaffna folks. Hence I included Mr Wigneswaran in my work. All that has been dashed by the absence of any correction of wrong reporting in matters relating to Mr Wigneswaran who did not groom any judicial administrators in Northern Province.