Gajalakshmi
Paramasivam
18
October 2019
SRI
LANKAN JUDICIARY & IN LIMINE DISMISSAL
[The
Court observed that the Petitioners had not stated a word about the delay in
filing the Petition, but impliedly expected the Court to believe that they came
to know about the question of GR’s dual-citizenship through a Daily FT news
item that appeared on 05 August 2019. The Court observed that if
there was an unreasonable and unexplained delay, the Court could dismiss a Writ
application in limine ] C. A. Chandraprema – in his Island article ‘Why
the Viyangoda - Thenuwara petition against Gota failed’
The
following was published by Sri Lanka Guardian at http://www.slguardian.org/2019/10/sri-lanka-court-publishes-reasons-full.html
- as part of the Petitioners in the above matter:
The 1978 Constitution provided as follows in terms
of Presidential Immunity:
[35 (1). While
any person holds office as President, no proceedings shall be instituted or
continued against him in any court or tribunal in respect of anything done or
omitted to be done by him either in his official or private capacity. ]
The above immunity has been upheld in the amended
constitution. Hence how did the Courts accept a petition that included ‘Hon
President Mahinda Rajapaksa’ as the 6th Respondent???
The following by Reporter Chandraperuma gives us an
indication of the (dis)order in the judicial mind:
[At
the outset, the Court pointed out that Counsel representing all parties agreed
that the Court would pronounce its order on 4 October 2019, and deliver reasons
on a subsequent date. (The reasons were delivered accordingly, on
15 October)]
To reason after the judging is to place the cart before the horse – i.e.
outcome before law / vehicle before the driver. If it was just a question of
typing – then the reasons ought to have been delivered on the following working
day.
Immunity is provided so that a governor is not
punished by the governed under a structure that is different to the one through
which the governor became head. The status of a child should never be higher
than that of the parent – in the family home. That confirms the respect of the
existing structure established and/or maintained by the parent. If the child seeks to be higher – then the child must earn
that status from her/his own children – away from the parental structure. This ceiling is essential in a structure that
confirms sovereignty. Restructures happen when the senior tends to become
dependent on the child.
The simple rule could be exercised at the Registrar’s
level. But this has not been facilitated. Instead – the Judiciary has stated that SLPP ought to have been a Respondent:
Has the Judiciary not used its ‘discretionary powers’
to think about the Political Party and thereby polluted the ‘pure stream of Independence
of the Judge and therefore of Justice?’
Discretionary powers are valid only when the law
does not cover the highest level of the said activity – in this instance the
certification of the Citizenship by a brother – outside due process. Due
processes are the media through which the Energy / Heritage of elders in
Administration flow through to those who have inherited the system. The effect
of dismissing the petition is to limit the structure of the Administrative
Department responsible – to the level of family relationships and the common
belief developed through such relationships. One does not need high level laws
to develop family relationships. One does – to develop workplace relationships
beyond one’s biological circles. The discretionary powers of the Judiciary
ought to have been used towards such development. Otherwise the intellectual
capacity of the Judiciary itself would be limited to benefit its side of
Judicial politics.
As I keep saying in relation to a family disputes –
between two branches of different cultures – where I am not treated as the
common head - I would take my side without discriminating whether my side is
right or wrong. Likewise I would expect the other side to do likewise. This
helps escalate the matter to the higher level – than if we did not take sides.
Those who do take sides are not eligible to be judges and therefore lack the
authority to use discretionary powers – even to state reasons. The Judiciary
obviously have sided SLPP politicians. Hence their decision would be valid only
within such families.
That is the way of politics. When majority voters
support such leaders – all that minority has to do is to believe beyond the
biological/country circles – and mind
merge with those beyond the local borders. THAT then becomes their natural group.
This requires deep investment and often sacrifice of existing benefits. But we
grow taller and taller through intellectual connections – until we are taller
than the majority stacked vertically. Once we forego almost all we have – we are
in the area of Absolute power as per our soul-purpose. From then on it is the
Truth that leads us. THAT was how Tamils became Equal Opposition in Sri Lankan
Parliament. All we have to do is to continue to invest in the intellectual
pathway and maintain our belief based connection to current voters. The rest
would be done by the system of Dharma.
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