Gajalakshmi Paramasivam

25 October   2016

Politics is Judiciary’s Curse

Many educated Sri Lankans got upset when their  former Chief Justice Dr. Shirani Bandaranayake was dismissed by the then Government under the leadership of the Hon Mahinda Rajapaksa. But not many within the Judicial system identified with the weaknesses within the Judicial system itself  that led to the Judiciary losing its independent status. Through their Daily Mirror article ‘Truth behind Law’s Delays’ Yasu e Karunaratne and Amara Ismail have highlighted some factors contributing to delays in delivery of judgments by the judiciary. This problem, like in any other issue, would be viewed/addressed by various participants at different levels. In People intense nations like Sri Lanka, Judicial problems are rarely owned by the Public due to absence of voting by the Public as we have in the case of Politics. The real vote comes to specific members of the  Public who have used the legal system genuinely and have been let down. Their disappointments do not come back to the General Public for review and final judgment through elections. They become a curse within the system itself once they get out of control by the current custodians of power. The thinking order deteriorates through this constant curse that lives within the Judiciary. Truth is the only cure in such instances.

To my mind, practitioners of Law – any law – in everyday living – develop/strengthen mental health. Mental health is needed to enjoy physical health. Those enjoy benefits indiscriminately  – are the least orderly. Those who earn their outcomes would have practiced laws through fulfillment of their duties. Hence they earn People through Relationships. Laws are relative and once activated they confirm the existence of Relationships. When practiced genuinely – they lead to sovereignty. It’s our investment in this through the common pathway that naturally regulates us to function as an institution. Once we complete our duty as per our position – we automatically progress to Truth. At that level it is Nirvana/Bliss. One who reaches this Destination through Due Processes – is supported by Truth anytime anywhere in relation to that issue. Those who believe in such a person are continuously supported by that mind which lives beyond the physical body of the person as well as the institution. Every citizen who brings her/his Truth to the Court empowers the Judiciary as well as the Nation towards become self-regulating.  Every legal expert who expresses  her/his Truth in Court,  empowers the Judiciary to become self-regulating.

When the citizen who regulates her/his experience through the law as per her/his understanding of the Institutional laws relating to the matter – is insulted in Court the Court curses itself to lower its Administrative standards. As per the above mentioned report:

[Attorney M.C.M. Muneer said, “I believe that any judge can go through the facts of any case within half an hour to one hour to decide in favour of one of the parties to the case and on his or her ruling. Yet, some cases drag on for decades and even pass on to the next generation. But even in such cases you can appeal]

In my Colombo Land matter – the first Defendant who unlawfully occupied and claimed Prescriptive rights – could no longer be found through Public Process, when the Appeal came up for hearing. The second Defendant to whom the property was sold by the first Defendant died and the party who purchased the property from her heirs – also died. Now the current respondents are the heirs of this 2^nd purchaser. As per the facts and evidence before the Court at the primary level itself the Judgment in 1999 could have been to find the Defendant guilty of unlawful occupation. I knew that the first Defendant did not have Prescriptive Title – not because I knew the relevant provisions of the law of Prescription back then but because I knew that I was physically in and out of the Premises during the period the Defendant claimed to have been the sole occupier/possessor. But the Judge highlighted and included in the Judgment the verbal evidence provided by the 1^st Defendant that he used it to grow spinach. My parallel evidence that I bought it to build a home was not included but just mentioned. To my mind the difference is the natural influence through cultural subjectivity. None of the lawyers highlighted the facts highlighted at (iii) and (iv) below by me – now a self-represented litigant in Colombo Courts:

(i)                 The 1^st Defendant instituted legal action against those who tried to oust him in 1987-1988 – their names being Mr. S.Periyasamy and Mr. Fabian Mitchell, the latter being the OIC – Narahenpita Police at that time.

(ii)               The 1^st Defendant  publicly declared ownership by Prescriptive Title on 04 May 1988 and filed action against the above mentioned persons at Colombo District Court through matter 5812/ZL. The map included in this Deed of Declaration  was the Partition Plan 2332 – – included in D.C.Colombo Case No. 12462/P  of  1971 drawn up by Mr. S.R. Yapa Licensed Surveyor & Leveller (– P1(a) at folio 337 of the Appeal Brief)

(iii)             As per the Court  documents in the above matter 5812/ZL – . (folios 294-297 of the Appeal Brief ),  one Mr. S. Periyasamy was residing at 163/7, Nawala Road, Narehenpita, which specific property the Plaintiffs claim is theirs and the one mentioned in the Deed of Declaration dated 04 May 1988. (folios 290-293 of the Appeal Brief ). As per these records, the 1^stDefendant, was living at 28 Nawala Rd Colombo 5 – at that time.

(iv)              Folio 298 of the Appeal Brief confirms  that Mr. Piyadasa was living at 28 Nawala Rd Colombo 5 at the time of registering the Title with the Municipality and that this registration was done by his lawyer.

The said details in (iii)  above were in Sinhalese and I do not read or write Sinhalese. My husband can read even though he does not understand. Back in Sydney, after preparing my submission early this year – on the basis of what was available, I sat in an area where we have true sharing regularly in our home. I noted the numbers and asked my husband to read the wording  out to me. That’s when I noted the above evidence by the Defendant against his own claim. I was ready to present my arguments but as highlighted in the Daily Mirror report  mentioned above judges change and - there is to be a change of Judge in my appeal also. I obtained approval to file my submission and await the next hearing.

Like in the case of Eddie Mabo – who passed away before the Native Title judgment was delivered by the Australian Judiciary – I also may pass away before this matter is settled. It’s more comfortable for me to represent myself – than to pay barristers to whom I am a lower relative in Court. The last one we had appeared for our opposition in a Testamentary matter in Jaffna Courts while this appeal is still open. Had I been driven by outcomes – I am likely to have continued to use that barrister’s services in the Colombo matter. I decided to change the barrister. But after our solicitor also opted out – due to ‘institutional demotion’ – I decided to represent myself.

If  Truth is upheld – the Colombo Judiciary would become stronger in Public Administration – which is a heritage of global standards I carry due to my sacrifices here in Australia. Otherwise they would become weaker exponentially due to my wisdom being unbound including by legal relativity. The barrister who chose to accept the Jaffna matter – did not have the courtesy to at least mention it to me or our solicitor. Ultimately it is about our own personal standards which manifest when we think we are in a ‘free’ environment. The Barrister’s Jaffna presentation did not succeed at that level and at personal level one of his clients in the Jaffna matter passed away.

I have learnt that once we take the issue to Truth through Due Processes – the outcomes would surface to support and reward us and/or our true heirs/believers. The above discovery by me is confirmation to me – that the forces of Nature would override all barriers to support one who upholds Truth including by remaining silent when another’s Truth is more important to the whole. That is the way with family. I could not read Sinhalese and the Court did not provide English translation of the transcripts including relevant evidence accepted by the Court. That is confirmation of the damage to Judicial Administration, through ‘Sinhala Only’ as official language which seriously disadvantages non-Sinhalese participants, including lawyers and lay litigants in this instance. But as is my way – I paid for the translation of the transcripts and put in more effort than all the lawyers concerned to connect facts supported by evidence available,  to the law. The way the evidence ‘showed’ itself to me – confirms to me   that I have already gone past the Institutional boundaries into Truth. This I believe is what ‘Tat Tvam Asi/Thou Art That’ is all about. I became that Land through my hard work and sacrifices. Hence the Land showed its Truth to me through the above evidence.  The more Common and lighter the issue becomes through Due Processes – the more natural is the sharing – as in internet sharing. Hence Transparency.

Retired Judges often use new portfolios as extensions to their old positions. Like in rebirth we take our own personal sins and virtues into our new jobs / positions. Where we extend the old – we take also the wrongs and wrights.  If such is naturally negative AND they  are strongly conscious of their past status - they would actively deteriorate the powers of the new institution. At the top of  Sri Lanka’s Bribery Commission are legal personalities – including the immediate past Director General who has gone back to her previous position. Those conscious of their old position benefits activate positives and negatives in their new positions. Once we go beyond the boundaries of our positions into Truth – through Due Processes – we invoke our positive karma. When we breach our current position boundaries prematurely to punish/hurt our relative on the other side of the position – and the other person gives up on us – our negative karma takes over to punish us. This is the problem when Investigating authorities are headed by those who are conscious of their previous position benefits. Likewise when we go from country to country. Justice Balapatabendi was part of the leadership of the Bribery Commission. My above mentioned Land matter was heard well ahead of that appointment also by a Justice Balapatabendi.  Even if it is not the same person – they are of the same ethnic origin and to the extent I was disadvantaged relative to other side – that common group would earn the sin, once I give up.

Another leader who carries this kind of carried forward status – is Mr. Wigneswaran. Yesterday, in response to my article about Mr. Wigneswaran, a leading  member of the UK Tamil Diaspora wrote about Mr. Wigneswaran:

[CVV is another compounding factor of failures of the Tamils. However educated he may be, he is a failing façade and does not deserve the elongating publicity.

It is time the Tamils (in particular Northern Tamils) critically look at their own failings to redeem themselves from the slumber. We are living with the hate driven mindset for too long without finding the way forward to be smart enough and steps ahead. CVV is the extension of this ever progressing rot that has rooted our society.]

I explained that I was appreciative of the value added by Mr. Wigneswaran whom I see as part of the Judicial Energy rather than as Chief Minister. This is largely due to Mr. Wigneswaran failing to access my wisdom in Public Administration – despite there being a need for it in Northern Province also. When I read that Mr. Wigneswaran refused to hoist the LTTE flag in London this week, I felt good. The reason is that if  grouped as per our investments – majority citizens of Northern Province would fall within a group that invests heavily in Education than in arms. It is also important to include those who have invested in armed defense but they should not be the group that shows us to the rest of the world.

Then I read with disappointment the following part of the Hon  Wigneswaran’s speech in London:

[He referred to the charge that the Northern Province Administration is not doing its bit to develop the province and said that he wants the Diaspora to invest in the province in projects of use to the local people and that he has had discussions on this with the Prime Minister’s advisor, R.Paskaralingam.

The Chief Minister promised to help Diaspora investors and said that he has been wanting to launch a Chief Minister’s Fund to receive contributions for development from local and foreign donors, but the provincial Governor is standing in the way.]

Any member of the Sri Lankan / Tamil Diaspora who has not so far invested in Northern Province after the end of war – must take her/his place behind those of us who have been investing – at money, status and Truth levels – taken in ascending order. Earlier this year I assisted a group of nursing aids from North to make their submissions through Due Processes – to the Health Minister – after they had exhausted the avenues available to them within the current Provincial Government. None of them had been to Colombo previously – leave alone the Health Ministry. There is no Administrative Structure in Northern Province Government including Provincial Government - to support projects to deliver values of global standards. I myself have developed step by step the structures that would uphold the true values of both sides. It is not easy. The common attitude is ‘give us the money and we will give you the status’. It is not surprising that the above manifested in UK  - the home base of  Lycamobile owner – Mr. Subaskaran Allirajah – of Jaffna origin - who is reported to have donated to UK Political Party as well as former President Mr. Rajapaksa.  That is LTTE style.

Money without policy or Truth – will lead to disaster. We need to learn to live within our own  inherited plus earned wealth . Monies received in this generation, without belief and beyond work performed as per common standards – would make the recipients dependents of the benefactors. LTTE leader received such money from Mr. Rajapaksa and became a victim of that Summa/Free  money because the position he occupied was in the name of Independence. Now Mr. Rajapaksa who is also reported to have received Summa / Free money from the Tamil owner of Lycamobile is losing more and more status due to mismanagement of Public finances. Only those donors who come with appropriate Public Administrative structures ought to be accepted by the Provincial Government. Others must contribute at their own levels – as individuals and/or groups.

Northern Province becoming a welfare group would be disloyalty to our ancestors. We need to preserve and maintain our Sovereignty as truly educated community.