Gajalakshmi Paramasivam- 29 June   2016  

‘More Equal Before the Law = Separation After the Law’

I was thinking about the pollution by the officer in uniform – ‘Pada Yathra to Kataragama begins from the North’ article by itnnews.lk when  I my attention was drawn to the Island editorial headed ‘More equal before law’. Paatha Yaathrai (Foot Pilgrimage) brings to my mind, Saint Yoga Swami and Mahatma Gandhi both of whom have led my mind to Independence. Hindus, like Indigenous Australians, consider Natural Elements to be sacred. Land / Earth is one of them.  To my mind, they are vessels holding true Energies – positive as well as negative. Hence Hindus do not wear shoes inside sacred places.

Kathirgamam, as per the family and community legends I heard and believe in – was a place that would make its own calls to the devotes of Skanda Murugan – the Tamil Deity. During the olden days – there were no particular pathways leading to the Shrine in Southern Sri Lanka. One had to travel through jungles and those who ‘had the call’ usually walked. We have family members who did that ‘walk’. Saint Yoga Swami undertook this travel and hence when I hear Paatha Yaathrai my mind pictures Swami. I was called to Batticaloa for Tsunami Reconstruction work through this invisible network of Swami’s devotees. I ended up submitting my report to the President – with no effort on my part to go through the official process. Mankerni, the area served by me was one of the villages where the Yoga Swami devotees stopped during their Annual Paatha Yaathrai from North to South. The folks of Mankerni were largely descendants of  Veddas / Indigenous Sri Lankans. I worked out their connection to Skanda Murugan’s Consort – Valli of similar origin.

When I noticed the uniformed officer in the group of above mentioned ‘Pada Yathra to Kataragama begins from the North’ article I was naturally upset because to my mind, that was indiscriminate mix of two pathways. Using the fundamentals on which Prescriptive Title is recognized in Sri Lanka, I wrote in my draft submission:

‘In a Court of Law legal Title ranks higher than Title by possession – except when the possessor satisfies the requirements of  Absolute Ownership Value with no recognition whatsoever of another’s title in any form through any pathway.  This kind of Absolute value is demonstrated by full possession and complete independence OR adversity/opposition to any other form of Title.’

Belief based Title  is higher than the Legal Title when one Believes through physical possession. Hence the Law of Prescriptive Title. The more I think about it the more in awe I am of the minds that gave us this Law during colonial rule. This law is the parallel of customary laws which were given official and Equal recognition by the Dutch. But to be effective – they have to be either Independent of the official pathway or be Adverse to the official pathway. Tamil Eelam for example would have been valid if those claiming it took the Independent pathway. Vaddukoddai Resolution 1976 confirmed the ‘Adverse to’ Title which eventuated in Equal Opposition for Tamils in Parliament. I state as follows about this exception allowed in the case of Prescriptive Titles:

[The validity of this exception is highlighted as follows by Hon Justice Saleem Marsoof, P.C., J.  through  Storer Duraisamy Yogendra  &  Balasubramaniam Thavabalan  Vs. Velupillai Tharmaratnam:

[The decision of five judges of this Court in the Rajendran Chettiar case is not only binding on this Bench as it is presently constituted, but also reflects the practice of Court both in England as well as in Sri Lanka. As Lord Denning, M. R. observed in Salter Rex and Co. v. Ghosh [1971] 2 All ER 865 at page 866 – “Lord Alverstone CJ was right in logic but Lord Esher MR was right in experience. Lord Esher MR’s test has always been applied in practice.”]

It is argued and submitted that the above principle applies also in the case of Prescriptive Rights – where the Absolute value of Belief developed through an independent or adverse pathway, is respected and recognized as being of higher value than the legal title which often includes theory which may not be applicable to local environments. It is submitted that Logic is relative whereas Belief is Absolute in value. Where theory is practiced – the two would meet at the destination.

To be accepted at that level – pure of legal logic – Experience based Belief needs to stand on its own rights and not be relative to the logic of any alternate system – in this instance legal title. It is submitted that to be entitled to ownership through the logic based legal pathway – one does not need Belief. Knowledge that one has satisfied the requirements of the legal pathway alone is enough.

To claim Prescriptive rights on the other hand, one needs Belief which is confirmed by wholesome possession – as in blind faith. It is submitted that the  facts before the Court were not constructed to satisfy the above requirements of the law.

It is submitted that the Conflict between the Legal Title and the Prescriptive Title is addressed by the Prescriptive Ordinance by  requiring the claimant of Prescriptive Title to have completed the pathway and have reached the Destination of  Realised  Ownership

It is submitted that one such requirement is to travel independent of the Legal Titleholder. Hence the Requirement of Independence or Adversity. Where the Claimant claims no knowledge whatsoever of the Legal Titleholder/s, the requirement of Independence needs to be satisfied. Where the Claimant does confirm knowledge of Legal Titleholder/s and their activities in relation to ownership of the property – the requirement of Adversity needs to be satisfied. It is submitted that the latter needs confirmation of Separation of Powers and Consciousness of Equal & Opposite status. ]

One can be Equal before the Law as per theory. But as per Belief – one is wholesome owner. Where the Belief developed through shared space / culture – the two are taken as Equal in Parliament even though one gets less votes than the other. Tamils hold such Equal Title due to Natural Energies rising to demote Sinhalese who were not true to their Administrative positions and who abused political powers by using authority without belief.

Wise Tamils would realize that Natural Forces of Truth have awarded them Half share of Sri Lanka due to this ‘Adverse to’ possession including through Vaddukoddai Resolution and through those who believed that they were fighting to retain their homes which they believe/d is / was theirs by long and uninterrupted, undisturbed ‘possession’. Governments that neglect remote areas and cultures – are naturally demoted by Natural Forces – especially where they ‘enforce’ their powers on those who have become ‘outsiders’ in reality but are taken as ‘insiders’ by law/theory.

The editorial was with specific reference to the ‘Bonds Issue’ by the Central Bank Governor who is a Tamil. The Editorial states:

‘Spokesman of the National Freedom Front (NFF) Mohammed Muzammil, one of the bitterest critics of the government, has been arrested and remanded for allegedly misusing a state-owned vehicle. Ven. Uduwe Dhammaloka Thera was arrested and remanded for keeping a baby jumbo without a permit. He was later bailed out. Leader of the Pivithuru Hela Urumaya Udaya Gammanpila has been arrested and remanded over an alleged racket affecting the interests of an Australian.

The question is why no one has been arrested and remanded over the mega bond scams which are believed to have caused staggering losses to the tune of billions of rupees to the state coffers. President Maithripala Sirisena himself revealed on the eve of the last parliamentary election that when the first bond scam was brought to his notice he had called for the removal of Central Bank Governor Arjuna Mahendran from that post. It boggles one’s mind why no special presidential commission was appointed to probe that allegation. How the President would have reacted if such a serious allegation had been levelled against a key Joint Opposition activist is not difficult to guess.’

To my mind – there is a simple answer – and that is fear of Natural Justice demoting the current leaders if they demoted Tamil leaders who are shows of  Ethnic Reconciliation or the consciousness that these leaders with global background are Believers in their own Independent pathway.  

The examples of those punished do not include any leaders who were ‘outsiders’ to Politics and are Tamils with Global experience. In some ways such Tamil Leaders have become ‘untouchables’.

Many members of the Tamil Community – would comfort and heal themselves by seeing such leaders in power. If Mr. Mahendran were to be treated roughly – that would put the clock back in terms of karma of abuse of power by Sinhalese politicians. To many who see the big picture – Mr. Mahendran the individual isn’t of any particular value. The POSITION he accepted as a Political Appointee is confirmation that Tamil Administrators were more true to their jobs than Sinhalese who were strongly influenced by Politics.

The editor states:

[The general consensus is that the last government was corrupt to the core and its members lined their pockets at the expense of the public; that was one of the main reasons why the people got rid of it.]

‘The Public did not ‘get rid of the last government’. Truth did  - through Tamils of today as well as in the past to whom Sri Lanka is Home by Prescriptive Title. Every time an Administrator Abandons her/his post to become a Politician and the Citizen continues to do her/his duty through the other side of that position – the power to Demote the officer who abandoned post is allocated to Citizen. When even one believer uses that power, Manifestations happen to maintain the Equilibrium of Truth. That is the Power of One. When the Prime Minister went to Hindu Temples and did his Paatha Yaathrai – he would have acquired this Energy which drives from within.

There are laws in Sri Lanka which can be worked more by the likes of Prime Minister Ranil Wickremesinghe than by his predecessors due to global consciousness. Those who use intuitive powers would never fail themselves.