Sunday 26 March 2017

Gajalakshmi Paramasivam
26 March 2017

Pedigree of Lawyers & the Caste system !
[The Court of Appeal yesterday posed queries probing into the pedigree of the structure and formation of Perpetual Group of Companies and directed the Counsel for the Perpetual Asset Management (Pvt) Ltd and Perpetual Capital Holdings (Pvt) Ltd to furnish the pedigree chart setting out the formation of the Perpetual Treasuries from the inception.] ‘CA probes into Perpetual Treasuries pedigree’ by Daily FT

The Court of Appeal is yet to hear our matter and is yet to call for the pedigree of the Sinhalese Buddhist who claimed Prescriptive Rights to our property to own which we paid money through lawful processes (part of our pedigree).  In that matter – the primary ruling was against us. In the above matter – the primary ruling is against Perptual Treasuries (Pvt) Ltd :

Perpetual Treasuries (Pvt) Ltd, a primary dealer specialised in the intermediary government security market, filed a writ petition before the Court of Appeal seeking an order quashing the directions of the Monetary Board imposing restrictions on it.]

Pedigree is needed where there are apparent disorders in conduct. Common Order of the mind is essential for harmony. The core purpose of Law is this Common Order. Truth renders permanent Common Order.

Interestingly the legal teams representing the Appellant  in the above matter include two big names – (1) President’s Counsel S. A. Parathalingam with Niskhan Parathalingam (2) Faisz Musthapha PC - involved in our Land matter also but in this instance both are on the side of the Appellant:

[ Instructed by G. G. Arulpragasam, President’s Counsel S. A. Parathalingam with Niskhan Parathalingam and Niranjan Arulpragasam appeared for Perpetual Treasuries (Pvt) Ltd, while Nihal Fernando PC with Romali Tudawe and Maduka Perera appeared for Perpetual Asset Management (Pvt) Ltd and Perpetual Capital Holdings (Pvt) Ltd. Faisz Musthapha PC with Faiza Markar instructed by Gowry Shangary. Thavarasha appeared for the Central Bank. Deputy Solicitor General Milinda Gunatilake appeared for Monetary Board and the Attorney General]

If Pedigree is important then the Caste system, to the extent it was practiced genuinely also has value. The Pedigree of the lawyers representing the Central Bank and the Monetary Board, as per my knowledge is not as high in status as of the above mentioned lawyers common to my matter and that of the owner of  Perpetual Treasuries (Pvt) Ltd whose family pedigree includes the former Central Banka Governor. The latter represent the Public. Hence in the above matter one side represents Business and the other Public Service. As per the current legal pedigree – Business is likely to win against the Public.

When our matter came up for arguments on 08 March – Mr. Faisz Musthapha PC, through one of his team members claimed further adjournment on the basis of personal injury and the matter has been adjourned to August without any consultation with this lay litigant of low pedigree. Initially there was some consultation with me but this time there was none. I was effectively ‘told’ by the Assistant of Mr. Faisz Musthapha PC that the boss had other personal priorities. The pedigree of this senior member of the legal fraternity in Sri Lanka includes the following genes:

[He served as chairman of the Human Rights Commission of Sri Lanka between 2000 and 2003.
Musthapha served as High Commissioner to the United Kingdom between April 2002 and February 2005.] Wikipedia

I note that the Judges did not ‘suspend’ the above hearing during this period when according to me Mr. Musthapha would still be indisposed.

It was my turn to present my arguments and hence there was no need for Mr. Musthapha to be personally present. But the judges did not accommodate this whereas in the above matter they did get involved.

The parallel of the Pedigree of an organization in the case of an individual is the mind-structure at the beginning of an event / experience. Unless we pass our resources through a common mind-structure – we would tend to be emotionally driven and selfish. Horoscopes, like Balance Sheets, confirm our structure at the time of birth. The positives and negatives we accumulate continuously restructure our mind. Where we are strongly driven by Truth – such restructures would happen without us being conscious of them – for better or for worse. Where we are  yet to complete and experience – we relate through a combination of Truth and what happened. The more we complete our experiences, the natural we are in relationships.

The Judge in a Court is in a higher position than a lawyer or the lay litigant in terms of legal leadership. But in terms of Truth – the lay litigant represents the Public until known otherwise and therefore  accepts the respects paid by the Judge on behalf of the Court to the Public.

My advice to young professionals is that they have a duty to the Public also. Lawyers also have duties to the Public above their own personal inclinations. The above land matter is especially important to Sri Lankan civil society – due to the two sides being ethnically different and the person of majority race using Prescriptive Rights to occupy the lawfully owned property of one of minority race. The pedigree of the two sides are different and hence the outcomes produced by the side that is thought to be more powerful would tend to drive the outcome – especially where the Judge is also of that pedigree and fails to demonstrate an Equal start on which merit is used – as in cricket and other games enjoyed by the Public. Without that zero advantage start where there are pedigree differences – the natural way is to better understand the one of the same pedigree and treat the other as ‘foreign’. Sri Lankans earned the karma of ‘foreign judges’ due also to treating internal minorities as ‘foreigners’. The system of karma is ‘prefect’. It waits until the two sides are equal in power to manifest Truth naturally.

I for example, upheld the Truth as needed by the University of NSW when it was at the beginning of transition to Democratic management systems. The problem as it existed within the University at that time – was that Academics ruled above Administrators. Administrators independent of Academics were treated as ‘foreigners’ by Administrators who included themselves with an Academic in power – such as the Vice Chancellor. The parallel in Court is the litigant who includes her/himself with the Lawyer in power. Independent litigants rank below them even though such litigant practices the law at a level far above that of the other side.

When such high practitioners are disrespected because they ‘look’ different in pedigree – the punishment returns to the one who punishes through the system of Natural Justice. Hence the Political defeats to majority race in Sri Lankan Parliament and the promotion to Tamils to Equal position. To the extent Tamils retaliated and took an eye for an eye and sometimes more – Truth did not intervene. As my Guru – Swami Sathya Sai Baba says – those who see the blessings of God need to come near God. Those who stay away – are limited to their own energies. There is a saying in Hinduism – especially when praising the Lord in the form of Murugan – ‘Yaamirukka Payamehn?’ / ‘Why fear when I am here’ . One who brings the Lord within has no fear.

Majority Sri Lankans use the hierarchical system in family, to respect parents. A child who completes the relationship by bringing the parent into her/himself naturally becomes a good parent at that level of completion. Likewise, a civilian completing the relationship with a Public Official. Such a person cannot be punished by the Judiciary but is entitled to find her/his own returns through the Judiciary – using the Courts as a facility to give form to her/his Truth. In other words, practitioners of Common Order in regular life cannot be punished by weaker practitioners of that order – however high the pedigree of the punisher may be.

The Sovereignty of any group is the cumulative value of Sovereignty of its members – past and current. A senior who punishes a junior more than s/he punishes another junior close to her/him in enjoyment – including of ego pleasures – makes an outsider of that junior to the extent of such excess. When enough of such alienation happens – Truth naturally manifests through appropriate media – as happened through UNHRC  Resolution  30/1, in the case of Sri Lanka.

Sri Lankans attached to pedigree power and who do not get enough from within their circles – often tend to use it on others over whom they do not have authority. The parent who punishes the child to a greater extent than s/he would punish her/himself for the parallel offense is alienating the child. Children who make their parents dependent on them and start telling their parents through authority as per their own new order – likewise, disconnect with their heritage. A child is entitled to discipline on the basis of her / his own pain due to the parent’s actions. But the language needs to be as per the common order or simple Truth without any judgment. Often in migrant homes the orders are different due to parents wanting it both ways – without completing the relationship at its highest and reminiscing and enjoying themselves through their children and grandchildren.

Likewise, lawyers and Public Administrators. Those in the caste system who brought  their junior castes into themselves – acquired the natural authority and hence were able to perform the work themselves even after they left the caste system. Likewise those of junior castes who genuinely paid their respects to their senior castes – carried the higher mind order / pedigree into their own local groups to lead and respect themselves as elders. Likewise civilians who respected Public Administrators and the Judiciary. 

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