Saturday 26 March 2022

 

 

NO PTA IN AUSTRALIA

 

Mr Kumar Rasingam - Secretary, Tamil Canadian Elders for Human Rights responded as follows to my article ‘SRI LANKANS  NEED PTA’

‘You support the draconian PTA.  Rubbish’

 

But this morning my response came through the ABC article ‘Refugee calls for improved visa support after incredible journey from war-torn Sri Lanka to central west NSW’ at  https://www.abc.net.au/news/2022-03-26/sri-lanka-refugee-jaganthan-thankavel/100933188

Obviously the refugee family must think that Australia is a better place than Sri Lanka. Their measure about Australia is largely hearsay. As per my experience, the New South Wales Police are not different to Sri Lankan Police. Hence these refugees would have a better picture so long as they are obedient. Here also, we are not ‘free’ to question our seniors.

In his speech in National Parliament Mr CV Wigneswaran who was part of the Judicial family before be became politician, revealed the following:

 

[Often Judges grant conditional bail to persons detained for long periods without charges or indictments being filed, advising the Police or AG’s Department to file cases when they are ready.]

Here in NSW, I was arrested by Police for Peaceful Assembly at the Office of the Vice Chancellor of the University of NSW. The Legal Aid officer allocated to my case encouraged me to sign the conditional bail but I refused. By going through the punishment I realised that the Police were ignorant of the law, in the name of which they arrested me. They used Inclosed Land Protection Act 1901 (NSW) to arrest me for Trespass. When I studied the law I realised that they were carrying out the wishes of Administrators who considered me a nuisance. I argued my own case and the charges were dismissed. But when I went again – their actions did not change.

But by genuinely studying the above law – after paying my respects to the architects – I believe that they were advising me from within. Accordingly, I realized that the Police needed a law that gave them the confidence that they were ‘right’ at that time at that place. Otherwise, the risk to their lives was rather high.

The armed officers are the first judges. Where the Judiciary is not reliable, one gets condemned as a criminal.

If there was no PTA, arresting officers would still need an alternate law under which to arrest. The same law would be interpreted differently by a higher mind. The need for PTA happened due to armed rebellions against the government. At the ground level – it is ‘kill or get killed’.

If there had been no armed rebellion in Tamil areas one is entitled to claim that the law is draconian. But wherever there are de facto armies and police – civilians need strong laws that would deter hasty use of arms. In terms of psychology, it is easier to use a preconstructed picture than to independently assess on the spot. The PTA facilitates this so the citizen would be protected.

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