Saturday 12 October 2019

Gajalakshmi Paramasivam

12 October  2019


Often one who is true to her/himself  would  identify with the truth in the other – when that other  reveals it in a ‘free’ environment. By arranging such manifestations on time basis – one would be able to work out the mind structure of that person.
Victims of the Rajapaksa regime have demonstrated,  through the judicial system, their opposition to  Mr Gotabhaya Rajapaksa returning to position of power.  
On Friday – 04 October 2019 – the Sri Lankan Court of Appeal dismissed the petition of two such activists who represented civil society. On the basis of truth – the two petitioners would not have been direct victims of the alleged deviation from Due Process. But if they have themselves followed due processes at that level – they had / have every right to protect the nation through the judicial system. Those who have invested in Commonness have this natural right.
The law unites the minds of those who practice it and also those who pass their thoughts through the law.  Those who fail to do either – would divide the country – except if they stayed within their own truth – which is higher than any human law.  Truth being a universal connector – would make the necessary connections. Privacy laws and Equal Opportunity laws facilitate us to operate within our truth and truth alone.
In the ‘free-mood’ after the judiciary effectively endorsed his pathway in obtaining Sri Lankan citizenship outside due process that others without special portfolio have had to follow – Mr Gotabhaya Rajapaksa revealed his disrespect for the Judiciary revealed through the following report:
On 09 October 2019 - Washington Post reported as follows through article headed ‘Sri Lankan leader’s party to support Rajapaksa in polls’:
[Rajapaksa said at his inaugural election rally in the northwestern town of Anuradhapura on Wednesday that he will ensure the release of all soldiers being held for alleged human rights violations as soon as he is elected.
The step, if carried out, would reverse the current government’s commitment to the U.N. Human Rights Council that alleged rights violations by both government soldiers and the Tamil Tiger rebels will be investigated, and courts will be set up to try suspects with the help of international prosecutors and judges.]

If the prisoners have been put through the Judicial process,  the above promise confirms serious disrespect for that part of the process that happened due to the Judicial process and its authority to punish wrong-doers. In the alternative – all prisoners of minority cultures should be sent to their own cultural areas to be judged. Otherwise the system of Dharma would punish the Judiciary as well as the Law makers who have continuously failed to amend laws as per the long-term truth of the people who are expected to follow the law.
The 2009 attacks and its extensions against Tamil civilians  is a larger version of Sharpville massacre on 21 March 1960. That South African experience led to UNESCO  marking 21 March as the International Day for the Elimination of Racial Discrimination. If  Equal footing to apply the law is denied, then Separation of powers is needed to protect the sovereignty of every person  who is by law Sri Lankan.  
In terms of undoing the work of  the current government – to the extent it is political – the responsibility to oppose such undoing is with the opposition – in this instance the UNP. But the work of the Judiciary is common to all. When there is political takeover of the judiciary – it becomes disrespectful of the investment made in law – which often connects the Sri Lankan mind to wider world and provides access to global resources – especially intelligence. Without such connections our investment in education is largely for the purpose of earning money and status that would impress those in domestic circles. Disrespect of the Judiciary would therefore internally divide the country each group forming its own natural nation as per its common belief which becomes stronger than its belief in the country. If the Rajapaksas for example believed more in their family than in the country – then their nation is the family. Likewise at party level. The investment in the Common form needs to be stronger than the investment in the particular to render eligibility to exercise authority over the whole.
In addition to the above, the Sri Lankan judiciary also revealed its dependence on politicians through the release of soldiers accused of rape and found guilty of rape by Tamil judiciary:
On 06 October 2015, Tamil Guardian reported as follows:
[A group of four Sri Lankan soldiers have been sentenced to 25 years in jail for the gang rape of a Tamil woman that took place in 2010.
The Jaffna High Court found the men from Sri Lanka’s 572 Brigade guilty of raping the 27-year old Tamil mother of two, in Kilinochchi in 2010.
The case is the first on the island of a Tamil rape victim identifying the perpetrators in court, and comes despite reports of repeated military intimidation. Whilst three of the soldeirs appeared in court, the fourth suspect had earlier absconded and remains at large.
Judge M Elancheliyan said the crime was “unbearable and unforgivable since the victim’s dignity was damaged by them after the end of the war”.]

On 10 October 2019 – the day after the above Washington  Post report was published, the Island reported as follows:
[CA acquits four soldiers sentenced to 30 years in gang rape case
October 10, 2019, 7:35 pm
By Chitra Weerarathne

The Court of Appeal yesterday acquitted four soldiers accused of gang rape and sentenced to 30 years rigorous imprisonment.
They had allegedly committed the offence at Viswamadu on June 6, 2010.
 The accused appellants are P. I. Sunasinghe, D. Dhammika Pushpakumara, Priyantha Kumara and another person who was absconding and tried in absentia.]

The  parallel - Tamil Judiciary finding Tamils guilty of rape was recorded as follows:


Thursday, September 28, 2017 - 01:00
[The Trial-at-Bar headed by Vavuniya High Court Judge Balendren Sashi Mahendran included Jaffna High Court Judge Illancheliyan Manicckavasagar and Trincomalee High Court Judge Annalingam Premashankar.
The second, third, fifth, sixth and eighth accused were sentenced to 30 years rigorous imprisonment (RI), with a fine of Rs 40,000 each. They were also ordered to pay a compensation of Rs.1 million each to the mother of the victim. The court also ordered to extend their prison term by four months if they fail to pay the fine. These convicts will also have to serve another two years if they fail to pay the compensation.
The fourth and the ninth accused were sentenced to 30 years imprisonment, each with a fine of Rs 70,000.They were also ordered the payment of Rs 1 million each in compensation to Vidya’s parents. Failing to pay the fine, the accused will be further remanded for four months and if they fail to pay the compensation, they will be remanded for another two years]
The common standards used by Tamil Judiciary have been set aside to make way for a different rule for Sinhalese soldiers. The lower our standards the more we would divide.

The above ruling by Tamil Judiciary on Tamils confirms the high standards that the Tamil community as a whole is committed to in this regard. The LTTE was extraordinarily committed to high standards in terms of sexual enjoyment. The more pleasures we forego the higher the mind structure and therefore the entitlement to judge in common areas.  Sinhalese judiciary on the other hand have demonstrated weak commitment to protecting their community from such atrocities.

If Mr Gotabhaya Rajapaksa returns to power – albeit at a higher  level this time – Tamils & Muslims would need their own armed forces – especially because the Defence portfolio continues to render Executive power to the President. Mr Mahinda Rajapaksa has himself confirmed that the LTTE were a disciplined force. They upheld their own ethics. Not so the government soldiers. Hence – they lack the moral authority to exercise power in minority areas.

We would need to expect the return of war with a vengeance  unless we learn from others.  

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