14
September 2020
Tamil Diaspora communication included the following:
[Caitlin Johnstone posted: "I
promise to work in the highest interest, not my self interest. I promise never
to say anything that I don't believe is true. I promise I will always do my
best to learn what is true. I promise I will always speak the truth as I see
it, without dishonestly equivocating or mitigating what I have
to say."
]
This came
around the same time as the email headed ‘Would Deniswaran act in the interest
of the Tamil People? It arrived on 13th as did the above picture
with the following message from Sri Venkatesawara Temple:
[Saniswaran or Sanibhagawan refers
to the planet Saturn and is one of the Nine heavenly planets known as
“NavaGraha”.Lord Saniswaran is a handsome person carrying a sword / sceptre
with crow being his vahana/vehicle.
He is the God of
Justice and delivers results to all, depending upon their thoughts, speech and
deeds. He also signifies spiritual asceticism, penance, discipline and
conscientious work.]
I read
through the presentation of the Court’s judgment with a view to identifying with the
truth. I believe I have Energy in this regard to empower not only Tamils but
also to empower the Sri Lankan Judiciary
which recently awarded justice in my favour against a very influential
Sinhalese. If I therefore empower the Common Judiciary – that would – as per my
belief, empower Tamils in Colombo who
would by default access Colombo Judiciary. Towards this I have the Franchise to
take the side of Mr Wigneswaran if and only if I found that he did his duty to
follow the law in Administration. I need to do this to elevate the Administrative
structure of the Tamil Community.
In
management, we encourage folks to elevate a conflict. The reason to my mind is
wider participation by many and the derivation of the outcome as per each participant’s
truth. Kept at truth level, it empowers us beyond local environments. If
politics is the main pathway then we would empower and be empowered by our
local environment of current times. Since the political version is about
Administrative balance in Jaffna, we need to ensure that merit based
Administration in Northern Public Service is not damaged by our expressions of political
support. A premature judgment even at ‘thought’ level would block the escalation
to higher common level. Now that we have
raised the conflict politically to global level, we need to ensure that we do
not judge prematurely and block the pathways to formation of global teams. Such
Team formation through Energies would sustain our unity beyond local shores and
are likely to enhance the opportunities – including job opportunities at local
level, through global intelligence investment.
With that
in mind, I read the case details in CASE NO: CA/WRIT/285/2017, as if I were the Chief Minister. The judgment
was delivered on 22 July 2019.
In
the court matter – as per the published details, Mr Wigneswaran invoked Section 14(f) of
the Interpretation Ordinance, which is
reported to state that ‘the person who
has the power to appoint any officer shall have the power to remove him.’
Article 154F(5) of the
Constitution reads as follows:
[The Governor
shall, on the advice of the Chief Minister, appoint from among the members of
the Provincial Council constituted for that Province, the other Ministers.]
This meant
that the Governor had the lawful power to appoint Ministers towards which he
was entitled to draw on the advice of the Chief Minister. The parallel of this
at National level is covered by articles 42 & 43 which include the
following:
42 (4) The President shall appoint
as Prime Minister the Member of Parliament, who, in
the
President’s opinion, is most likely to command the confidence of Parliament.
43. (1) The
President shall, in consultation with the Prime Minister, where he considers
such consultation to be necessary, determine the number of Ministers of the
Cabinet of Ministers and the Ministries and the assignment of subjects and
functions to such Ministers.
(2)
The President shall, on the advice of the Prime Minister, appoint from among Members of Parliament, Ministers, to be in charge of
the Ministries so determined.
Since the Governor is President’s parallel at
provincial level, those who did not oppose the above provisions introduced
through the 19th Amendment which became official in 2015, have no political
right to claim a verdict that would be unlawful as per the above provisions’
parallels at Provincial level. In fact the amendments to Articles 42 & 43
seem to be the escalated versions of Article 154 which came into existence
through Amendment 13 in 1987 – which was strongly influenced by India.
The 2018 Constitutional Crisis happened due to
President Sirisena interpreting Articles 42 and 43 – the way Chief Minister Wigneswaran
seems to have interpreted the powers of article 154. But the parallel of the
President is the Governor and the CM is the notional parallel of the PM.
In 2018 – Mr Mahinda Rajapaksa stepped down from the
position of PM, once the dissolution of Parliament by the President was ruled
to be unconstitutional. That was Chanakyanism / Machiavellianism at its cleverest.
He thus carried the Energy of the position without taking the risk of showing
the People that he could be officially
marked unlawful by the Judiciary. Hence the overwhelming support through
Preferential votes in the 2020 elections.
Mr Wigneswaran failed to demonstrate such Chanakyanism
/ Machiavellianism; nor did demonstrate that he learnt from Mr Mahinda
Rajapaksa – the way to prevent being marked wrong officially. That is the price
he paid for his ego which seems to have blocked his mind connection to senior
politicians – including Mr Sumanthiran who was part of the team that worked on
the 19th Amendment which in this instance included the core values
of the 13th Amendment. If Mr Wigneswaran had transcended his judicial
status and taken a ‘learning position’
with seniors in Politics – he would have prevented the current anxiety that his supporters have expressed.
Mr Deniswaran has sued the Governor also. The State
is responsible to compensate him. This ‘lesson’ would be lost if he withdrew
his case. Mr Wigneswaran is the one who has to consider the higher value for
the People – not only Northern Tamils but to Southerners whose Governors and
Chief Ministers may play politics instead of practicing logical Administration
that his healthy for the brain and therefore the mind. I went to prison for upholding the law. The
process followed by the authorities was unlawful. But I did not even think
revenge. Hence I was heard more strongly by the People – including through my
book Naan Australian. One who has courage to be marked wrong by others despite
her/his judgment that s/he is right – would not fear prison but would pity
those who are living in their mental prisons of attachment to the past – which is
a matter and therefore is not capable of merging with current Energies. Hence
the saying ‘Eppavoh Mudintha Kaariyam / A matter completed long ago’.
Now I will learn about the position with the media
that sent me Caitlin
Johnstone’s post mentioned above – by the ranking allocated to my work vis-à-vis
that of the reports by Mr Wigneswaran which to my mind have thus far have demonstrated
higher level of approval by the Tamil media.
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