Gajalakshmi Paramasivam

30 October  2019

SRI LANKA - ARTICLE 33A CONTRADICTS THE PRINCIPLE OF IMMUNITY

My attention was drawn to Mr Sumathiran’s sharing on Twitter – of the Financial Times article headed ‘The powers and functions of the new president’ by Dr Asanga Welikala. At this time of the day my mind does not comprehend the more complex presentations of law. Hence after skimming though those – I focused on the sections that I have already invested in through my own leadership positions where I had/have governing powers.

Elected by the People

The Sri Lankan President continues to be elected by the People. To my mind this means that the President carries the sovereign power of People. Every time one who feels Sri Lankan, completes a thought, expression  or activity to confirm truth – that person adds to Sri Lankan Sovereignty. Voting is one such activity. Writing is another.  Dr Asanga Welikala interprets this as follows:

[The president is the only elected official who enjoys a personal mandate from the whole country, and this will continue to be a source of substantial power and legitimacy for the way in which a president performs his constitutional functions. ]

No problem in identifying with that. To me it simply means that the citizen-governor relationship is bottom up and is limited to the total investment in Sovereignty by the People in their own part of Sri Lanka.

Executive Powers

Then comes the following by Dr Welikala:

[The president will be the head of state, head of government, and the commander-in-chief.]

Article 30 (1) of the Sri Lankan Constitution states:

[There shall be a President of the Republic of Sri Lanka, who is the Head of the State, the Head of the Executive and of the Government, and the Commander-in-Chief of the Armed Forces. ]

The wording of the presentation by Dr Welikala – endorsed by Mr Sumanthiran is different to that of the Constitution as structured by the Parliament. Every self-governing person is entitled by Truth to publish her/his interpretation in the forum in which s/he feels ownership.

The Tamil  Hindu hymn Abirami Anthathi confirms how nature delivered to a true devotee. We do not know as to how accurate the legend is. But to the extent our prayers through that hymn are answered we believe in that miracle. Such belief helps others who are in our common group through belief.  Likewise a Nation’s Constitution.

The above stated article 30(1) is the song of the government that came to power in 1977 and wrote the 1978 Constitution that created the Executive President’s position. When there is a clever President/Governor – Executive powers help escalate the form of the total to get status from the outside. But the 1983 riots confirmed that this escalation could not be sustained by the Government elected in 1977. To my mind, everyone who unjustly discriminates and/or ignores existing unjust discrimination loses the power of truth in their own home environments.

As per my reading - Article 30(1) remains unaltered by the 19^th Amendment to the Constitution. It clearly states ‘Executive and of the Government’.  Hence the ‘Government’ here is that part of the Government – that makes decisions by ‘belief based vote’. Executive part is the one that is decided by the Law that already exists at that point in time. There is separation of powers between the two. Article 30(2) was changed to reduce  the period from six years to five years.

Article 33 has been expanded – including through the addition as follows:

[33A. The President shall be responsible to Parliament for the due exercise, performance and discharge of his powers, duties and functions under the Constitution and any written law, including the law for the time being relating to public security.]

Then Dr Asanga Welikala  states :

[That the defence of Sri Lanka is specifically mentioned as being a part of the sovereign Executive power of the people that the president exercises could give him considerable authority in relation to defence, military, intelligence, and even law enforcement matters. ]

I disagree for the following reasons:

The Executive power of the President or any leader need not be a Sovereign power. Sovereign power is the power of belief. That part of the  Executive Power derived from the Sovereign Power of the People confirms Governance power to Execute. This is declared through Article  4 (b) of the Constitution as follows:

[the executive power of the People, including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People ]

The Parliament has to vote but the President has the power to execute as per his intuitive / governing power.

Article 33 A includes ‘any written law’. Given that the belief of the President is likely to be different to that of the Prime Minister a law written by the Parliament under the leadership of the Prime Minister may not fit the ‘Constitution’ of the President. They are both entitled to Execute without Accountability – but within the constitution of their respective positions – as per their belief. Beyond that they are NOT covered by immunity and hence they are Accountable. One can relate to a law without believing. To the extent one uses means (intellectual or hearsay) above one’s belief – one is NOT covered by immunity of belief. Hence Article 33A contradicts the principle of immunity.

Laws that confirm immunity are usually in the nature of  Customary laws. This part is covered by Immunity from prosecution by any other part of government – in this instance – the Judiciary. Hence ‘considerable authority’ would be misleading . The constitution should  not provide for responsibility for the written law which is likely to include laws that challenge and maintain the intellectual skills  of the users – especially the global minded lawyers who charge a high fee to impress through their knowledge of law.

Dr Welikala  appears to demonstrate disrespect for the Constitution through the following:

[Another significant limitation comes into force when special provisions applicable only to President Sirisena lapse when he relinquishes office. It was provided that President Sirisena is permitted to hold the ministries of defence, Mahaweli Development, and the environment so long as he remains President. Once he demits office, only Members of Parliament can be appointed to cabinet and other ministerial office. Therefore, the new President assuming office after 16 November is no longer permitted to assign ministries to himself.  ]

If the term of Presidency was reduced during the term of the current President, then all other amendments also should apply when the amendment became law. Sections 1(2) and 1(3) of the 19^th Amendment provide as follows:

[(2) The provisions of this Act other than the provisions of section 9 (in so far it relates to paragraph (1) of Article 46 of the Constitution of the Democratic Socialist Republic of Sri Lanka) and the provisions of section 15 shall come into force on the date on which this Act comes into operation

(3) The provisions of section 9 (in so far it relates to paragraph (1) of Article 46 of the Constitution of the Democratic Socialist Republic of Sri Lanka) and the provisions of sections15, 28, 29 30 and 31 shall come into force upon the conclusion of the General Election held immediately after the date on which this Act comes into operation.]

Article 46 (1)  is about number of Ministers.  Hence, as per the 19^th Amendment – the President did not have any Executive powers beyond that of belief – to use Ministerial powers, including for Defence. This therefore allocates the Responsibility  for the Easter Bombings to Mr Ruwan Wijewardene – the State Minister of Defence.

My particular question is directed to Mr Sumanthiran – who is a law expert. Do you identify with Dr Welikala’s interpretations as if they are yours?

Gajalakshmi Paramasivam

30 October  2019

IGP & CASTE SYSTEM

Equal Opposition in Parliament is an essential part of Democratic governance. Democracy becomes important when juniors in a system keep manifesting their own outcomes at their levels. Once manifested, that level becomes the governance level. That is what voting tells us.

Customer review is facilitated not only to identify with how the supplier’s services were received by the customer but also to know the level at which militancy is likely to happen when customers are treated as juniors.

Recently, when I said that I was a little upset that a Brahmin couple gave my hosting services a 4 star instead of 5 star that I get from majority customers – my husband said that that was likely to be due to not demonstrating that they were seniors or that they would not give anyone – other than their own seniors a 5 star rating. That is the way of the subjective system. In families also, seniors tend always to be seniors. But the problem is worsened when their children take senior position over their relatives who by position are their seniors.

The Sunday Morning  highlights this phenomenon  as follows under the heading ‘Gota ready for debate after Sajith’s manifesto: Namal’:

[SLPP parliamentarian Namal Rajapaksa today said SLPP presidential candidate Gotabaya Rajapaksa was ready to face a debate with New Democratic Front (NDF) candidate Sajith Premadasa, provided Premadasa unveils his manifesto first.

Namal Rajapaksa taking to his twitter handle further said once Premadasa’s manifesto is unveiled, there would be ‘substance’ for the debate.

However, he said if the opposition camp insisted on the dabate, he(Namal) was ready to face Premadasa.]

The above is a strong indicator that Mr Gotabhaya Rajapaksa is intending to keep the seat warm for his nephew Namal Rajapaksa.

Then there is the other example reported by Island under the heading ‘Retired Senior Police Officers condemn govt for parading IGP in handcuffs like a petty criminal’:

[The Retired Senior Police Officer’s Association (RSPOA) has condemned the government for treating an incumbent IGP as a common criminal in public in handcuffs.

The RSPOA has said, in a media statement: "Going by the Parliamentary Select Committee report it is abundantly clear that, apart from the IGP, several officers wielding greater powers and control than the IGP, have to share the blame. To have made the IGP a scapegoat deserves immeasurable condemnation. But for him to be publicly humiliated is outrageous."]

In 2009 when senior government officers in North were taken into custody we were also very upset. A close friend of a relative of such a senior officer commented along the same lines as above – saying that they were being treated ‘as terrorists’. The fact that these officers are now back in their positions confirms that they were ‘false arrests’ at that time and that the ‘intuition’ of the senior subject who made the arrest was negative.  When recently I met one such officer in a more senior position – he could not remember me. I wondered whether he had been artificially induced into a different brain-structure.  After all that is what the Australian authorities were trying to do to me – when they listed me as a mentally ill patient. I have written as follows in this regard:

[On 30 July 2007, I wrote to the Lord Mayor of the City of Brisbane over the difficulties experienced by Dr. Brian Seneviratne – an Activist in the Sri Lankan issue – as follows:

‘When I learnt about Dr. Senewiratne`s case, I related to it through the case of Mrs Florence Vorhauer whom I met in Mulawa prison in May 2005. Florence was prosecuted for keeping poultry in her backyard. The officers who arrested her were reported to have been nasty and Mrs Vorhauer feared that they were spying on her. Mrs. Vorhauer ended up in prison and reported that she was injected with medication for alleged mental illness. Had someone told me this before my own experience with the NSW Police, Courts and Health Service which also threatened me with enforced medication, for alleged mental instability, I would have had doubts about such reports on the Australian system. But having gone through the experience myself, I had little difficulty in believing Florence. I was present when Florence was asked to open her mouth to prove that she had taken the pills given by the prison officers. Florence reported that prior to that she was taken to Prince Henry Hospital where she was held down by some officers whilst others injected her with alleged medication. Florence urged me to sign the bail conditions required by the Police - which was basically to ban me from going to the University of New South Wales and from contacting any of the staff of the University in any manner - before I was similarly injected with medication. I took Florence`s advice given on Mother`s day 2005 as directions from Our Lady of Mulgoa in Whom I have deep faith. I later helped Florence come out of prison.’] – Chapter 25 – ‘Naan Australian’

The subdued mind feels comfortable when it is pampered into thinking at the lower level.  In a subjective system – one needs to consciously renounce the benefits in the custody of seniors if one seeks to be an Equal to the former senior. As per the World Population Review’s report – the median age for Sri Lankans is 31.1 years. Out of the two leading Presidential  candidates – Mr Sajith Premadasa is less likely to suffer from Seniority complex with majority Sri Lankans than Mr Gotabhaya Rajapaksa who relies heavily on the power of his elder brother Mr Mahinda Rajapaksa – including in the Dual Citizenship issue. In public, Mr Gotabhaya Rajapaksa has the duty  to demonstrate seniority over Mr Namal Rajapaksa.

A few years back when I presented my analysis of the impact of Caste system in the militancy – a senior member of the Sri Lanka Reconciliation Forum, Sydney,  who retired as a topmost Government Officer started identifying with that angle in the Sinhalese community also. Then a younger looking JVP supporter strongly stated that that was NOT the case and that the JVP uprising was due to lack of jobs for the youth. When one goes deeper, the two reasons are Common – known as subjective discrimination. But the restless young guy stopped the senior from engaging through the angle presented by me. The reason was not me – but his own senior who held senior position in government – the reason why Tamil politicians were killed by the LTTE. Majority Sinhalese do not ‘see’ the Tamil and v.v. They are ‘shown’ by their leaders.

Often unjust discrimination happens when we use obsolete measures that are easier for us to use than current measures to use which we need new knowledge and in democracy we need to be free of the past forms.  Mr Namal Rajapaksa has confirmed that he finds it more attractive to be the opposition of Mr Sajith Premadasa than being the junior in waiting of his uncle.

Gajalakshmi Paramasivam

29 October  2019

TRUTH ABOUT EASTER BOMBING

Sri Lanka’s News First uses the slogan ‘We Report, You Decide’.

The media has the authority to report what happened .  It has also the authority to advocate as per its truth. That is a right everyone has. Currently, Australian  media is advocating greater Accountability on the part of Australian Government. Relative to Sri Lanka – we do have greater degree of transparency in Australia.  Hence first generation migrants from  Sri Lanka would tend to be less motivated than those who have lived here and have been shaped by multicultural laws and values that have been developed by all those to whom Australia is ‘home’. No one needs to certify  us. To the extent the true experience happened in Australia – we have every right to uphold that truth in Australia – not more ; not less;

If the advocacy is driven by Business then it is undue influence on the Public. Likewise, if the Government is spying for the purpose of its own Business. To that extent every member of the Public including the media – has the right to advocate including through social  media. Every time the need of the Public is met by the Media or Government – that ownership power is developed in that area. Media that merely reports facilitates its customers to play that role. Likewise a government that is transparent.

Our influence could be remote. But truth being universal will find its way to the needy – who may actually be within government or media. It is therefore important to be true to oneself in that issue. When we enter that issue through our own experience in our own ‘home-area’  - we naturally empower the leaders who are true to themselves. That pathway is above the law and the destination is the Ultimate Reality. Once an Australian reaches that destination – s/he becomes part of  the causal forces of manifestations in that issue in Australia. Such persons have the right to advocacy. Others have to respect such person/s to inherit that right and then integrate  it with their own earned rights. Where this respect is lacking – we need laws to ‘protect’ that privacy of the true contributors. 

Executive powers of a government are based on such laws. Due processes at workplace, family and common public areas – are opportunities through which we contribute to such protection of our truth and therefore our sovereignty. Otherwise we may become the enemies of our Sovereignty.

On 04 June 2019, the Sydney Morning Herald reported as follows under the heading ‘'Dangerous act of intimidation': AFP raid home of News Corp journalist’:

 

[Police have raided the home of a News Corp journalist in what the media company has called a "dangerous act of intimidation" after she reported on a top secret government proposal to give Australia's cyber spies unprecedented powers.]

The question arises as to how the above journalist – ‘accessed’ that ‘Intelligence’ in the private section of the government. To the extent a government is subjective – it needs privacy. To the extent the voters who elected the government are subjective – that privacy needs to be protected – so  the communication is mind to mind – through the system of belief.

 

The above report continues to reveal as follows:

[Centre Alliance senator Rex Patrick condemned the raid as a "heavy-handed effort to browbeat the media" and praised Smethurst's work.

"Home Affairs Minister Peter Dutton and Home Affairs secretary Mike Pezzullo clearly hate media scrutiny. The actions of the federal police are very clearly intended to have a chilling effect on journalistic inquiry," he said.]

 

This is natural due to migrants from warring communities who are not yet regulated by Common Australian values. The 2017 ‘Afghan Files’ – report by ABC would have carried the risk of infecting the minds of migrants from Afghanistan for or against the Australian Government. Separation of  powers is needed between the media and the government – so they do not interfere in each other’s path.

 

Poor national governance is part of our life. To the extent we had the experience – we have the natural right to fight but without disturbing the others’ pathway. I was alone – except for Dr David Garlick and Gwen Harrigan who supported me openly during the time I openly challenged the Central Administrators of the University of NSW – based on my genuine work as per my position. But I felt within me that there were many true academics who mentally added their strength to my pathway. To the extent I respected the University’s core purposes – I was blessed by the ancestors of the University. The manifestations of discipline and punishment going back to sender - happened through various sources – including the University’s Governing Council due to whose pressure the then Vice Chancellor resigned. I learnt through such experiences that so long as we add our truth,  our investment is ‘protected’ as ‘Energy’. What happened is not truth. It is the body of truth.

In Sri Lanka also there were manifestations of Truth. The following has been reported about the inquiry into Easter Bombings:

[SLFP Parliamentarian Mahinda Samarasinghe says the Parliamentary Select Committee (PSC) which probed into the Easter attacks has failed to identify who was behind the bombings.] Republic Next report ‘Parliamentary probe failed to identify who was behind Easter attacks-Samarasinghe’

 But the causal force manifested itself as ‘lack of diversity’ and therefore ‘independence’ in the Muslim community, revealed as follows:

[The majority of Sinhalese in the country is with the Sri Lanka Podujana Peramuna (SLPP) Presidential Candidate Gotabaya Rajapaksa, says United People’s Freedom Alliance (UPFA) MP Faiszer Musthapha.

The parliamentarian speaking at an event in Malwana area stated that Gotabaya Rajapaksa will win the presidential election with the blessings of the majority Sinhalese.

He pointed out that the United National Party (UNP) knows that it doesn’t have the vote of the majority of the Sinhalese.

Therefore they are attempting to gain a higher vote percentage by collecting Tamil and Muslim votes, he added.

As a minority in this country, Muslims should be with the majority Sinhalese, according to the parliamentarian.

He further said that the issues of Muslim people cannot be solved without a Sinhala Buddhist leader.] – Adaderana report – ‘Minority Muslims should be with the Majority Sinhalese – Faiszer’

[A video clip doing the rounds on social media, purportedly of President’s Counsel Mohamad Ali Sabry making a controversial remark regarding the Muslim vote in the upcoming presidential election, has drawn the ire of the United National Party (UNP).

UNP parliamentarian S. M. Marikkar accused the senior lawyer today of threatening Muslim voters into supporting presidential candidate Gotabaya Rajapaksa.

“Muslims will receive a giant thrashing if they do not vote for Rajapaksa,” Marikkar accused Sabry of saying.

In the video in question, Sabry can be seen addressing a gathering of Muslim supporters in what appears to be a pocket meeting on the campaign trail.] Republic Next Report headed ‘Ali Sabry in hot water after controversial remark’

Interestingly – this throws light on the arrest of Nizamdeen – then a  student of the University of NSW – where my true sacrifice to maintain my ‘right’ to expression of my Truth was exercised despite the threat of incarceration. Nizamdeen is a nephew of Mr Faiszer Musthapha in the first of the above two reports. Mr Faiszer Musthapha confirms assimilation as his pathway. The Easter bombers sought to preserve their diversity. Mr Nizamdeen also assimilated with the NSW Police who eventually took ‘senior’ position and suspected him of Terrorism, once he delivered as per their desire to recruit more and more assimilators who would  treat them as ‘seniors’.

Mr Ali Sabry similarly is showing the way to Muslims becoming juniors of majority race.

This will produce more rebels who as a last resort would kill and be killed to preserve their independence – as they see it. Once the mind is lowered – suicide bombing would seem the way to punish and thus liberate themselves from servitude – as perceived by them.

The Parliamentary inquiry into the Easter Bombings fits the ‘principle of the drunkard's search’, presented as follows by Wikipedia:

[A policeman sees a drunk man searching for something under a streetlight and asks what the drunk has lost. He says he lost his keys and they both look under the streetlight together. After a few minutes the policeman asks if he is sure he lost them here, and the drunk replies, no, and that he lost them in the park. The policeman asks why he is searching here, and the drunk replies, "this is where the light is".]

The Muslim leaders who lost their diversity in a nation divided by ethnicity – is the Park where the Sovereignty of the Muslim community  was lost. The Parliamentary committee is made up of politicians on whom the  light is shining at the moment.  But the Truth manifested Itself through the above leaders. True seekers would identify with the truth and protect their sovereignty and therefore the Sovereignty of their home communities.   

Gajalakshmi Paramasivam

28 October  2019

HOW DOES THE PAST INFLUENCE OUR PRESENT?

I believe in the saying that we take only our truth into our next life. My cousin Ravi who does provide feedback on some of my  articles said that his son as a little boy had said that we took our ‘memories’ with us .  I identify with it as memories that have become Energy.

The five basic elements according to my understanding of Hinduism are – Earth, Water, Fire, Air and Sky. Earth is the heaviest and Sky has no weight at all. Our work is also valued at these levels. (1) Solid – as in visible outcome/goods; (2) Liquid – as in cash ; (3) Status; (4) Goodwill and (5) Energy. Truth is Energy. Like the sky it exists but cannot be perceived through the senses nor known through the intellect.

When we perform Yoga, Tai chi and other forms of meditation – we go into that Energy field. The ticket is to lose consciousness of all our environment as perceived physical  and mental senses.  Once we are in that Energy field – our abstinence from recognizing through the senses – is positive Energy which attracts its Mother Energy in that Still Area.

 Today Hindus who worship Lord Muruga  begin the fast / meditation known as Kanda Sashti to merge with Lord Muruga who defeated the demon. Lord Muruga Himself represents the highest power that defeated the senses.  As per my interpretation - Born out of the Third Eye spot of Lord Shiva during  Meditation – Muruga was born as Six forms of Energy and when Mother Shakthi/Consciousness  united them Muruga became the Divine form with six faces.  

Sinhalese as well as Tamils in Sri Lanka worship Lord Muruga. If they truly become deserving of  Muruga’s Energy – they would defeat the downward pulling negative Energies – known as sins to defeat the demon of ‘attachment’ to visible wealth.

As per the Sunday Morning News headed ‘Diga threatens to resign’:

[The Sunday Morning learnt that Minister Digambaram was likely to meet DNF presidential candidate Premadasa this week and demand a pledge to increase the wages of the plantation sector workers failing which the former would resign from his portfolio.

“I will demand the wages of the estate workers be increased substantially. If Premadasa doesn’t agree to do so, I will resign from my ministerial portfolio,” the Minister had said according to party sources.]

Now that Mr Digambaran -  Minister of Hill Country, New Villages, Infrastructure and Community Development - has become Soorapadman driven by  money-wealth – the People of his area – need to use their Murugan Energies to eliminate his bargaining chip – and become the link bridge between Eastern, Northern and Western Tamils in Sri Lanka – to Tamil Nadu and through Tamil Nadu to India and through India to the Global Tamil. Lord Muruga’s devotee is a Global Tamil with 360 degree view.   

More wages for the same work – diminishes the power of Upcountry Tamils to go global. No money or status – have Energy.

Today is my Air Lanka friend Shanmugasothy’s birthday. As his wife Setha – a Nallur Murugan devotee explained to me – Shanmugam = six faces ; Sothy = Light. Shan left his form about a month ago. But the work he raised to Energy level – continues to shine in our Tamil Community. It will support anyone in the areas where he did so – whenever they have a need in that particular area.

Gajalakshmi Paramasivam

27 October  2019

DEEPAVALI & EASTER SUNDAY

Today we celebrate Deepavali. As per my understanding,  Deepvali is the day on which Divine Krishna used the  Sudarshana Chakram (Sudarshanam =  Sacred vision;  Chuckram = wheel) to eliminate Narakasuran (Massive brawn power). Those Christians who believe in the power of the Absolute / Ultimate Reality – today is Easter Sunday. Narakasuran is the power that was killed on Good Friday.

In Sri Lanka the timing of the Easter Bombing  confirmed celebration of Physical Power over Soul Power that unites all.

Did the People who elected the President cause the Easter Bombings? Like Narakasuran, were the People using the ‘seen’ and the ‘heard’ – i.e. – majority power - to elect a President like themselves?

In his Daily Mirror article ‘Sirisena’s presidential scorecard’ – Ranga Jayasuriya reveals his conclusion as follows:

[However, five years ago when he ran for presidency, his backers of the UNP-led UNF, and the voters who elected him did so not for his gamesmanship, but for lack of it. They were in a desperate bid to end an all-powerful and increasingly-authoritarian reign of Mahinda Rajapaksa.]

Taking that as a true assessment of Mr Sirisena’s makeup – what are the People entitled to expect out of that  Presidency? – one without gamesmanship? Does this not mean that the voters elected a non-Executive President? Did the People not abolish the Executive Presidency by electing Mr Sirisena?

Ranga Jayasuriya goes on to contradict himself as follows:

[Abolition of the executive presidency as some of the windbags in the cocktail circuits, now advocate would have led to nerve-wrecking political paralysis in a country where politics is increasingly-polarised and fragmented]

The People being the source of real power – did abolish through election and Mr Sirisena did deliver non-executive leadership. Prime Minister Wickremesinghe is reported to have stated as follows:

[“We were able to win the political crisis as a result of the 19^th amendment to the constitution.”]

The political crisis happened due to loss of intellectual power. Power takes the form of the person through whom it is recognized. This was why Mr Sirisena needed the UNP to win against Mr Rajapaksa. But he lost it when he did not ‘get’ what he thought he would – he lost that power of the UNP. His mind then went back to being under the papered power of Mr Mahinda Rajapaksa who like Ravana – the king of Lanka was clever but was driven by victory instead of ownership of the whole. That is a local, low level measure based on the visible outcomes.

The Sunday Observer article ‘Presidential Election 2019: Which way will the North swing?’ confirms this as follows:

[As the SLPP also made its presence felt in the Vavuniya district, W. Nandini from Mahakachchakudiya, Vavuniya seems to have already made up her mind to support its candidate. One of the oldest Sinhala villages in the district, it was once considered to be a border village during the War. Nandini like many others in her village is suffering from Chronic Kidney Disease (CKD). According to her the villagers believe CKD has been caused by the groundwater of the region. As villager after villager fell victim to the incurable disease, consecutive governments have failed to provide solutions to the drinking water problem faced by them. “Recently they installed two water filters but those too remain closed on certain days. When open, the queues are long,” she said. As for treatment, villagers have to constantly travel to either the Vavuniya or Cheddikulam hospitals.

The villagers also claim the Sinhalese are often marginalized in the area. “It is difficult to obtain services even in government institutions,” she noted. She also said they are often overlooked when it comes to employment opportunities. “There is no one to speak for us,” she said.

According to Nandini, the hardships faced today are pale in comparison with the war torn years.

“Many young men in our villages died in the war after joining the forces,” she said. Seeing fellow villagers being killed by the LTTE and becoming trapped in their village, Nandini says the majority will vote for Gotabaya Rajapaksa in honour of Mahinda Rajapaksa who they credit with ending their suffering.

The sentiments seem similar in the newer Sinhala villages such as Namalgama in Vavuniya. Created during the Rajapaksa regime, residents in these villages had arrived from the South.]

Nandini is not conscious of the suffering of  the thousands in the camps of Chettikulam in 2009 due to the ‘cleverness’ of Mr Rajapaksa. When as Ranga Jayasuriya points out – the country gets polarised and fragmented – each group thinks at its own level using its own measures. To the emotionally driven – the whole picture is not visible. They recognize only what their eyes see and their ears hear. It is not passed through a common principle or their own Truth. That Truth is that their own young men died in the war - after joining the forces – means that Mr Rajapaksa did not alert them to the risk involved but rather excited their minds that winning would make them war heroes. It is the same phenomenon through which Mr Sirisena was made the Common candidate – all because he lacked the intellectual balance of logic.

As a grassroots person I identify with the following expression from the University of Jaffna:

[As for what sways the people of the North to vote for a particular candidate, Senior Lecturer of the Department of Linguistics at the University Saminathan Wimal had an interesting observation. “I do not believe that people cast their votes based on what the TNA says. Instead I believe that what the TNA says is based on people’s ideas,” he said.

According to Wimal, people in the North still cast their vote based on ideologies. “A small fraction might look in for some physical benefits. But the majority vote is based on ideologies and activities of political parties. I think it is a unique status in the North,” he said.]

The above seems logical to me because those who are discriminated against – stop expecting benefits from custodians of power. This is why the votes of majority who went through greater hardship to achieve what they have,  has values that are stronger than the sum of the individual votes. The power of the difference is the life of the community. Without that life – the value is limited to the physical only. The more we shared with the discrimination victims followed by war victims as if we suffered – the stronger the value of our community vote. That is how the Diaspora strength is shared. This in turn takes shape when that greater power is needed – as happened in 2018 Political Crisis.

Gajalakshmi Paramasivam

26 October  2019

ORPHANS OF COMMON LAW

My cousin Ravi forwarded to me the article by  Ms Kishali Pinto Jayawardene headed ‘Fatal Flaws Symptomatic of the Anti-Rajapaksa Movement in Sri Lanka from 2015 Onwards Have Enabled the Rajapaksas to Make a Comeback in 2019.’

Even though I had already read the article, I reread it  including in my consciousness, Ravi’s wisdom in Multicultural Sri Lanka. Before that I shared with Ravi my own respect for Ms Kishali Pinto Jayawardene’s intellectual leadership. I referred specifically to Ms Kishali Pinto Jayawardene’s talk in Kuala Lumpur about a year ago https://www.youtube.com/watch?v=gyZPxJUrDCU

In that sharing Ms Pinto Jayawardene revealed her experience  with Batticaloa women who felt empowered by RTI (Right To Information) law which helped the women question the authorities about their lost relatives. Ms Pinto Jayawardene revealed that she was physically present with the needy in Batticaloa.  Ms Pinto Jayawardene is an RTI Commissioner and in contrast when I needed to improve Administration in Mallakam District Court in Northern Sri Lanka – I had the parallel status of these women who had ‘lost’ their relatives. Once Ms Pinto Jayawardene left that area – these women would have become like me – orphans of law.

The articles we write and the speeches we make are received by different groups in different angles. Some aspects are not received by anyone at all. But to the extent they are true,  they exist. When someone is in need – that which exists - would come to empower them.

Ms Pinto Jayawardene:

[Exercising discretion in petitioning court

Would not a (dangerous) consequence of the Appeal Court’s reasoning amount to the exercise of such power being, in fact, unfettered, even though this is not directly stated? Perhaps this is what the framers of the 1978 Constitution intended. Indeed, there is some truth in the judicial complaint that, if constitutional limitations were intended, they would have been clearly defined and a new President put under a specific duty to constitute a Cabinet within a time frame. 

In adverting to the matter under review as a ‘one-off’ situation and observing that Articles 43 and 44 in a post 19th Amendment Constitution are significantly different with the current ruling ‘unlikely to have any relevance to the present era,’ the Appeal Court has recognised clear and present perils of this approach.  ]

The reality in Sri Lanka is that majority follow their own law fettered or unfettered. To know whether or not it is Constitutional – one needs to go to Article 16 which provides as follows:

[16. (1) All existing written law and unwritten law shall be valid and operative notwithstanding any inconsistency with the preceding provisions of this Chapter.

(2) The subjection of any person on the order of a competent court to any form of punishment recognized by any existing written law shall not be a contravention of the provisions of this Chapter.]

If therefore Mr Mahinda Rajapaksa acted as per his cultural law,  that would amount to unwritten law. To my mind, a court was entitled to punish the beneficiaries of such action – through written law.

What is an unwritten law? A belief based action is taken to have been caused by an unwritten law. In this instance – the action is the certification of the Dual Citizenship of Mr Gotabhaya Rajapaksa. Mr Mahinda Rajapaksa has manifested evidence of foreigners being considered as outsiders to Sri Lankan Administration especially  in relation to the war. Hence he could not have believed that the war-time Defence Secretary was American. This means that he was not entitled to Dual Citizenship. The unwritten law there was that only a pure ‘Sri Lankan only citizen’ could participate in the war activities. A war without witness needed such pure belief to be healthy for the nation. That would have required  Mr Gotabhaya Rajapaksa renounce his American citizenship while simultaneously applying for Sri Lankan citizenship or waiting until his renunciation of American citizenship was granted, to officially hold any position in the war.

The dangerous precedence that the ruling by the Court of Appeal has established is that at citizen’s level – so long as one is head of the institute one was allowed to act as per one’s wishful thinking which does not require Belief. The parallel of the Armed Forces in Batticaloa & Jaffna was to deny accountability to women without portfolio.

Ms Pinto Jayawardene:

[The Court’s designation of the application as filed for ‘collateral purposes and not a ‘genuine public interest litigation’ is a stinging indictment. Indeed, as the judges have pointed out, it has not even been averred that the petition was filed in the public interest nor has the Sri Lanka Podujana Party (Pohottuwa) been cited as a party, which failure was determined to be a fatal flaw.]

How the matter was put to the Judges and taken by the legal fraternity is the business of the Judicial side of courts. The Equal and Opposite side that belongs to the Public is their own Belief based facts. As per those facts – the citizens who have been active in civil order relationships have found a ‘block’ in their passage in relation to the President as head of State.  This affects all citizens in their own local areas where the elected member is the President of that area as per belief of majority.  If there is a ‘block’ in that belief -based pathway – the relationship is weakened or sometimes broken. We may not know the individual but we all know the President to the extent we are the President’s relatives by lawful conduct.

We are usually bound by belief to immediate family as per our birth environment. When we get married we are relatives by law – be it by religious law or civil law. In most instances – the bondage is stronger with birth families than with married families. Minorities by culture are our relatives-in-law. Those who are not able to believe in relatives-in-law need to consciously apply the written / stated law through which the relative-in-law came into the family. Without belief based unwritten law or written law as per the common pathway – we are not relatives but mere associations for each other’s benefit.

One needs a full structure and various positions to be a relative. The common truth is the natural force that works that structure. To the extent one shares one’s truth – one is entitled to share in the truth of other members in that structure. Where one does not have the opportunity to directly make this contribution – one needs the written law to travel without disturbed by those who do not believe in one.

The two petitioners were relatives by belief to the Sri Lankan Administrators in the Department of Immigration. Unless the Court had evidence that they were abusers of Court Process the Court had the duty to take them as  relatives by law to the Judiciary. Any evidence that contradicted that they were relatives by belief -  ought to be put through the written law – as facilitated  under Article 16(2) of the Constitution. Until then they are as much entitled to unfettered powers of the Citizen as was the President at his level.

As an American by law - Mr Gotabhaya Rajapaksa was an outsider to Sri Lankan Administrative system at the time the dual-citizenship was approved. The two petitioners were pure Sri Lankans by law as well as their own belief. To read their purpose in favour of an outsider is an insult to the unwritten law of citizenship.

The plight of the two petitioners is the parallel of the Batticaloa women who would not have the courage to use RTI when the likes of Ms Pinto Jayawardene are not around. What goes around comes around. If majority Sri Lankans believe in their family and/or public relationships – they will now through Presidential Elections,  write the law that would dismiss the individuals who are pretending to be close relatives through orderly Administration. If Mr  Gotabhaya Rajapaksa becomes President – we are entitled to conclude that majority Sri Lankans do not believe in civil administration. Then we would stop expecting as per the law and submit to the system of Truth which  ultimately delivers to all believers.

Indian Governor General his Excellency Chakravarti Rajagopalachari wrote the song Kurai Onrum Illai (Wikipedia - Tamil: குறை ஒன்றும் இல்லை, meaning No grievances have I) as if  he was a member of  untouchable junior caste. The song was beautifully sung by Lady M S Subbulakshmi of Madurai where Mother Meenakshi is Queen. Lady Subbulakshmi was born in Devadasi (Divine Servers) community  whose female members  were by belief consorts of leaders.  They were also disenfranchised by mainstream society – as mistresses. Until I felt disenfranchised – despite being a good relative – I felt empathy with such groups. But now I know that when we become independent of rules and laws that empower the disorderly – our true belief takes-over and leads us. We then work the system or rather we become the media of truth which delivers  reliable support to all concerned. That is when we are beyond the written law in the divine world of Belief / Absolute Power.

That was why it took the Sri Lankan Government 30 years to eliminate a small group of militants who Believed in their Divine Sovereignty. Like Lady M S Subbulakshmi at least some of them  became highly skilled in the art of fighting with weapons. Their belief based skills exist and would surface again and again when there is disorder in the common law system and they have abided by their own cultural laws.