Gajalakshmi Paramasivam – 06 June  2015

Litigant Judging the Judge

Jesus said ‘Seek and you shall Find’. Ever since Justice D.J.de S. Balapatabendi ruled on 22 January 1999  - that a Sinhalese occupier of my land in Colombo 5 – during the time of the war – was the rightful owner – the Judge and the ‘system’ through which he assumed this authority to deliver such an unjust verdict – I have been seeking through my pain. Today I found that return through Daily News article ‘Bribery Commission Chairman SOLD ME OUT’. That Chairman is Judge D.J.de S. Balapatabendi.  The accusation was by the Director General of the Commission – Ms Dilrukshi Dias Wickramasinghe. As per Daily News:

[Bribery Commission Director General Dilrukshi Dias Wickramasinghe said yesterday she was "sold out" by the Commission's Chairman, Justice Jagath Balapatabendi, when he met the Speaker over an inquiry on former President Mahinda Rajapaksa.

She also admitted that there was a heated argument between the commissioners of the Bribery Commission over this matter during a meeting on April 22, a day after Balapatabendi met Speaker Chamal Rajapaksa for a discussion on the functioning of the commission.

Expressing her views on the meeting between the Speaker and the Bribery Commission Chairman, Wickramasinghe said she was "sold out" by Balapatabendi when the latter painted a wrong picture about the investigations carried out by the commission. "I am actually hurt about the whole incident. The Bribery Commission Chairman went to Parliament and sold me out.]

I discovered through my own legal matter that Justice Balapatabendi was not a just person. If he were committed to the laws and principles governing his own position he would have identified with the Truth that I had bought that property out of my hard earned money saved by foregoing immediate pleasures. But if Justice Balapatabendi had it ‘easy’ in terms of his income out of the Public purse – then he is likely to naturally collude with others who ‘take’ welfare. The Sinhalese occupier claimed ownership by filing a Declaration the details in which were false as per my knowledge. Despite me submitting documentary evidence in confirmation and more importantly my own word of honor – Justice Balapatabendi failed to include those in his Reasons for Judgment. But the Truth is the Truth – even if the highest member of the Judiciary concerned fails to recognize that Truth. When a litigant is more true to the Court system than the Judge – and the  Judgment causes pain to that true litigant – the Judgment gets reversed – i.e. the Litigant Judges the Judge.  It happens automatically where Truth is the driving force.

10 years after the pronouncement of the above Judgment, in his book ‘Politics, Justice and the Rule of Law’, fellow Chartered Accountant Nihal Sri Ameresekere highlights:

[Justice D.J.de S. Balapatabendi’s son H.I. Balapatabendi, who was State Counsel of the Attorney General’s Department was reported to have been appointed as Second Secretary, Sri Lanka Embassy in Hague, Netherlands by the Government of President Mahinda Rajapaksa. Chief Justice J A N De Silva’s daughter reportedly following her studies in Netherlands  had married the said son of Justice D.J.de S. Balapatabendi. Chief Justice J.A.N De Silva, after retirement was appointed Advisor to President Mahinda Rajapaksa. ]

When there is disorder in the family that disorder is taken to the community and beyond unless we consciosly separate the two and use the common principles of wider world.. One without official leadership portfolio is entitled to take her/his Truth into the community once the leader at the primary level fails to produce leadership as per the Truth shared by the junior/minority.  If the Judgment in my matter had been in confirmation of my Truth – I would have concluded that there was no conflict of interest in the above decisions as reported by author Nihal Sri Ameresekere. Given that it was not – my vote through the Natural system is for other victims of Justice Balapatabendi. When at least one person is acting as per her/his Truth – Judgment is delivered immediately. One who has the authority to give it particular form would be empowered by that Truth when s/he is driven by Truth. Not all of us go to Courts for Judgment. Not all of us who do go to Court get just Judgments from the Court. But all of us have the authority to Judge and the responsibility to be Judged through Truth. Where we Judge through our Truth that is just Judgment.

Where a citizen does all within her/his power to deliver outcomes as per the laws known to her/him and yet is not able to uphold that system through the ‘right’ outcomes – and the citizen decides of her/his own will to take the matter to Courts – the Judgment at social level is delivered at that point – by the person who takes the matter to Court on the parties whom s/he believes failed to follow the law.  The Court then becomes the Facility that confirms or rejects such outcomes and is NOT an Administering authority. The moment Court seeks to Administer such a person – the Court confirms abuse of authority to Judge. Justice Balapatabendhi did just that as did Justice Gajanithibalan this year in Mallakam Courts. Every litigant who has shown respect for the Law above all other pathways – needs to be treated as the Executive Head of that area covered by the Judicial Court. The judgment itself may look different but it would then come from a different angle and be the opposition and not the enemy of the litigant’s decision. Neither Judge above mentioned ‘positioned’ me as their Equal. In both instances the judgments got reversed on them and weakened their investment in social justice. Whether it be the Parliament or the Courts – they all end up in Society. They were both judged by me as being guilty of abuse of Public Resources. The results keep manifesting from time to time and they reach me to confirm yet again - that Natural Justice never fails.  

The Bribery Commission is less formal than a Court system and has therefore surfaced the Truth of Justice Balapatabendi at the right time. Within family – we discover Truth in a free environment. Unless we include that Truth and position fellow family members to demonstrate that Truth – we assume with their powers their strengths and weaknesses also. Justice Balapatabendi has been acting in breach of the Doctrine of Separation of Powers and hence he went to Speaker Chamal Rajapaksa – instead of  leaving it to the Administrative Head - Director General Dilrukshi Dias Wickramasinghe. One who habitually breaches the Doctrine of Powers would fail to respect the Administrator as an Equal head. One day the system of Democracy would surface this breach for all to see and judge. Every judgment that we make for our own peace – and not to show others – is a membership credit in this Natural voting system.  

In Sri Lanka, it is not uncommon to find breaches of the Doctrine of Separation of Powers between the Judiciary and the Politicians. Hence when we go to Court – we must be ready for unjust outcomes but not stop participating in the Court Process. To the extent we record our Truth in Court we would learn the Truth about the Court system. To that extent we would ‘cure’ outcomes delivered by the Judiciary – and take the experience through our own Truth – to strengthen our minds and empower ourselves. That is also Do-It-Yourself media work.