17 September 2020
Respecting the Judiciary
There is People’s power and there is Government power. In true democracy the two would be each other’s half. This applies to any sovereign unit. When a leader is elected to Parliament that leader makes up only half the power. If the real power of the People is greater, that leader has to continuously listen to the People. It was with this in mind that I asked the question as follows:
[Would appreciate very much the knowledge as to which division within Jaffna District Mr Wigneswaran represents. This is necessary for me to construct my response. There are others here in Australia who also appreciate this alleged ‘fact’]
The confirmation came as follows:
[Mr Vickneswaran MP represents Jaffna district. The entire group of seven mps represent the whole district. There is no division as such in the current system.]
I shared this knowledge on 15 September 2020 - through my article ‘Is Tamil Nationalism getting Defeated ?’
Yesterday, on that subject matter, I received email headed – ‘Sumanthiran is pushing Deniswaran into a political disaster through his lawyer.’
I was then referred to https://www.tamilwin.com/srilanka/01/256144?ref=archive-feed. As per my understanding, this message said that Mr Deniswaran had shown in action that he did not intend withdrawing his case against Mr Wigneswaran. In addition, the article expressed anxiety that Mr Wigneswaran might be punished by the influence of extremists who did not like the statements of claim of Tamil Nationalism made by Mr Wigneswaran in National Parliament. I did not identify with that. But I needed to know the truth as to whether Tamilwin actually believed that to be true or was merely speculating. Of assistance was the report about Justice Elancheleyan’s ruling in Trincomalee High Court being upheld by the Supreme Court. This was seen positively.
As is my way I looked through the Constitution to find out the risk to Mr Wigneswaran’s seat in Parliament and responded as follows:
This morning, Tamilwin reported that Mr Deniswaran withdrew his case unconditionally. My attention however was drawn first by Adaderana report headed ‘Appeals Court closes contempt of court application against Wigneswaran’ – published yesterday evening by which time I had retired for the day:
[Attorney-at-Law Suren Fernando, representing the former Northern Province Minister of Fisheries, Transport, Trade and Rural Development B. Deniswaran, who lodged the case against Wigneswaran for removing him from the ministerial portfolio, told the judge bench that Wigneswaran and Ananthi Sasitharan have agreed to withdraw an appeal filed with the Supreme Court.
He accordingly notified the judge bench that his client does not wish to proceed with the application.
President’s Counsel K. Kanag-Isvaran, who represented C.V. Wigneswaran and Ananthi Sasitharan confirmed his clients’ wish to withdraw the relevant appeal.]
This was NOT included in Tamilwin’s report. I was upset also because of my own high esteem for the Colombo Court of Appeal which upheld my rights in a Colombo Land matter. The appeal itself had been pending for over 20 years. At the same time Justice Elancheleyan – according to my mind, miscarried justice in a testamentary matter which was about Family Rights.
Incomplete report towards conclusions that one likes to produce, amount to cheating. When we find fault with others for the sake of promoting ourselves, we lose our balance in thinking. Sometimes we lack the ability to read both sides. Then we need to limit ourselves to Reporting and prevent ourselves from practicing advocacy. If the Supreme Court upheld Justice Elancheleyan’s ruling, then that confirms that the Supreme Court through which institution Mr Wigneswaran carries the status ‘Justice’ is within the group approved by Tamils. Despite this, when negative sentiments were expressed by Tamilwin, it demotes the status through which Mr Wigneswaran fortifies his dignity as a just person and integrity as an educated person – upholding the law and the verdict of its judgments through current custodians of its power.
Truth discovered in Jaffna and/or about Jaffna would empower all those to whom Jaffna is ‘home’. One sided reporting makes the medium sensational and frivolous and slows down the spread of the deeper universal power which spreads itself when there is a true need.