SRI LANKANS NEED PTA
This morning, I received the communication regarding Mr Wigneswaran’s speech in Sri Lanka’s National Parliament. It was published under the heading ‘On 22nd March, 2022 at 2 pm
Amendment Bill to the Prevention of Terrorism (Temporary Provisions) Act No.48 of 1979
Speech by Justice C.V.Wigneswaran M.P.’
Just before then my attention was drawn to the report headed ‘WATCH : President apologizes to Ranil over Cabraal’s comment’ at
I admired the wisdom demonstrated by Mr Ranil Wickremesinghe who disciplined the Governor of the Central Bank of Sri Lanka over Mr Ajith Nivard Cabraal’s statement at the All-Party Conference. In essence Mr Wickremesinghe took the position of ‘Senior’ above Mr Cabraal, in that governance group. More interesting, was the knowledge that President Gotabaya Rajapaksa extended his apologies to former Prime Minister Ranil Wickremesinghe. Reading the essence of the above, I concluded that President Gotabaya Rajapaksa, as a civilian, was respectful of the Separation of Powers between Politics and Administration. As an individual he did not need the PTA.
But as the leader of a nation strongly driven by brawn power he needs the Military as the third arm of the government. The need was endorsed by the LTTE which opposed through the Military path.
In his speech, Mr Wigneswaran demonstrated insight into how the Judicial system prevented injustice through delayed justice:
[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. More often such cases are not filed.]
If Tamil Judges also did this, in North & East, then we would learn that the Judiciary is senior to the Executive. Yesterday, I wrote as follows to the Judicial Services Commission of Sri Lanka under the heading - COMPLAINT AGAINST COURT ADMINISTRATION IN NORTHERN SRI LANKA’:
‘During the latest discussions we learnt that the Registrar has collected the monies from the banks as if the Registrar were Administrator pendente lite, as provided for by Section 539A of the Civil Procedure Code:
[539A. Where any legal proceeding touching the validity of the will of a deceased person or for obtaining, recalling or revoking grant of probate or letters of administration is pending, the court may, either on the ground of undue delay or otherwise, grant letters of administration to the estate of the deceased to an administrator limited for the duration of such proceeding; such administrator shall be subject to the immediate control of the court and act under its direction, and shall not have the right of distributing the estate]
A copy was sent to the concerned Registrar. From our previous actions along similar lines, we learnt that we were ‘educating’ the Registrar. The ‘right’ outcomes may or may not be delivered by the Northern Judiciary – but our actions would lead to higher knowledge when shared, would transform us into a more orderly society.
If the majority Northern Tamils had had knowledge of the PTA – it is highly likely that the LTTE would have failed in its attempt to ‘influence’ them that ‘separation’ was better than multiculturalism which is represented by Colombo. We need the PTA to discipline extremists from both sides.
The reality in Northern Sri Lanka is that majority have no faith in the law but use greedy lawyers to fulfil their desires. Unlike Colombo Judges known to Mr Wigneswaran, Northern Judges seem to lack the wisdom to delay the punishment and thus uphold Justice.