Gajalakshmi Paramasivam

  

17 June 2017                                          

The Dismissal – Australia and Tamil Eelam

"It could be a question of whether I get to the Queen first for your recall, or whether you get in first with my dismissal" Former Australian Prime Minister – the Hon Gough Whitlam to former Australian Governor General -  Sir John Kerr– as reported by Wikipedia

Today’s crisis in Jaffna – is in essence identical to the situation that prevailed in Australia under the above leaders. This is the question facing  the Northern Province Governor – the Hon Reginald Cooray and the Chief  Minister of Northern Province – the Hon C.V. Wigneswaran.  The matter in summary is:

[Following the CM’s recent move, asking two of his ministers to resign over corruption charges proved by an inquiry, and two others to go on leave — despite insufficient evidence to prove them guilty — a large block of Council members withdrew their support.

As many as 21 members wrote to the Northern Province Governor expressing “no confidence” in the Chief Minister. At least 15 of them are from the Ilankai Tamil Arasu Katchi (ITAK), a key constituent in the TNA.]

To my mind, it is a battle between Politics and Administration. This prevailed also between the then Chief Justice Dr. Shirani Bandaranayake and the then President  the Hon Mahinda Rajapaksa. I want Mr. Wigneswaran to win because Jaffna needs his Judicial mind structure more than he popularity within political circles.

The President who is the parallel of the Queen in the Australian experience of such crisis, is now faced with making the parallel of Vaddukoddai Resolution by Tamil Politicians in 1976. Sections 154 K & 154L  of the 13^th Amendment to the Sri Lankan Constitution provide as follows:

Failure to comply with directions

154K. Where the Governor or any Provincial Council has failed to comply with, or give effect to, any directions given to such Governor or such Council under this Chapter of the Constitution, it shall be lawful for the President to hold that a situation has arisen in which the administration of the Province cannot be carried on in accordance with the provisions of the Constitution.

 Failure of administrative machinery

 154L.(1) If the President, on receipt of a report from the Governor of the Province or otherwise is satisfied that a situation has arisen in which the administration of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may by Proclamation-

(a) assume to himself all or any of the functions of the administration of the Province and all or any of the powers vested in, or exercisable by, the Governor or any body or authority in the Province other than the Provincial Council;

(b) declare that the powers of the Provincial Council shall be exercisable by, or under the authority of Parliament;

(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation: Provided that nothing in this paragraph shall authorize the President to assume to himself any of the powers vested in, or exercisable, by any Court. ....................................

 Those 21 members of the Provincial Council, were in effect rejecting Devolution of Power to Northern Province and hence are seeking to come under the self-proclaimed Administration by the President.  The Governor does not have the authority to act directly to dismiss the Chief Minister.  The President is empowered to do so.

The Hon C.V.Wigneswaran’s position is political but his mind is judicial. Hence it is to be expected that he would seek systematic logic rather than view of majority in issues – when he is natural and appreciative of his own contribution to the Judicial Services. He needs it for his own knowledge to pass through firm and reliable structure.

If the President fails to appreciate  this deeper Truth about Mr. Wigneswaran he would be doing just what Mr. Rajapaksa did to the then Chief Justice for disobeying him. It is for this reason that dismissals of independent leaders need to go through the test of ‘conduct’.  Those who need to be disciplined are the 21 members who wrote to the Governor and through the Governor to the President – for failing to escalate the matter to the highest level possible within the Administrative and Judicial systems of Sri Lanka – in particular Northern Province. The world is watching the President’s move on this.

Those of us who go through dismissals by Courts after being law abiding citizens have the wisdom of knowing that Divine powers will intervene to uphold our Truth and punish the wrong-doers at their level. Those of us who operate at that level – do identify with the return karma – often when they themselves reject responsibility. I was effectively dismissed by the University of NSW and when I left,  their racial discrimination karma returned through staff of the level of the Administrators. The real outcomes happened at the Public level. I myself stopped wasting my time and thoughts – ‘expecting’ seniors to accept my contribution. Given that my contribution was/is  genuine – it goes to the University’s consolidated values to offset the negatives by those who failed in their duty.

Jaffna will respond to support the contribution by any person who contributes to Jaffna. Unless Jaffna is home to the Governor it is better to dismiss the problem as his office lacking in Jurisdiction than open the doors for another war.

Australia to the Queen is the parallel of Eelam  to the President  of Sri Lanka