Gajalakshmi Paramasivam
31 December 2020
SEA
ST & SHANGRILA ST
Recently
a Canadian Tamils wrote:
[UN SYSTEM
OWES SRI LANKAN TAMILS REMEDIAL JUSTICE]
To my mind, our entitlements are as per our own
contributions to that system. As Canadians Canadian Tamils earn certain rights
through their lawful conduct. Likewise, as Sri Lankans, Sri Lankan Tamils have
earned rights. What happens when Sri Lankan Tamil converts to Canadian Tamil?
To the extent the respective Governments committed themselves, by being parties
to various covenants , citizens earn credit points with the system, through
their conduct.
My article of 14 November 2020, under the heading ‘Indo-Lankan Award – Protection of Universal Franchise’
was well received by Tamils of the above category. In relation to
agreements I wrote as follows in that article,:
[The Indo-Sri Lanka Accord was between the two governments. LTTE was NOT
a party to it. Mr Ahangama referred to them as
Terrorists. If indeed – he believed that to be the case, then there is no logic
to his expectations that the terms of the Accord were not satisfied by the
LTTE. In addition Mr Ahangama stated that Article 157 was binding only if the
agreement was for economic purposes. …
JVP killings of successful Tamil
Businessmen and their businesses was a core reason for the Accord and this
therefore is covered by Article 157.]
About
Remedial Justice the Hon Bandula
Karunarathna included the following heritage:
[Sharvananda,
J. in Theivandran v. Ramanathan Chettiar 1986( 2 )SLR 219 at 222 stated as
follows:
"In a vindicatory action the
claimant needs merely prove two facts; namely, that he is the
owner of the thing and that the
thing to which he is entitled to possession by virtue of his
ownership is in the possession of the
defendant. Basing his claim on his ownership, which
entitles him to possession, he may sue
for the ejectment of any person in possession of it
without his consent. Hence, when
the legal title to the premises is admitted or proved to be in
the plaintiff, the burden of proof
is on the defendant to show that he is having lawful
possession".]
Interestingly as per the judgment:
["
Thereafter on 1.4.1972, the defendant and Sri Renganathan, jointly informed the
Registrar of Business Names, of a change viz: that Sri Renganathan had ceased
to be a partner and S. Theivendran (the defendant) was the sole proprietor of
the Business of "Komathi Vilas" and "Kalyani Corporation"
as from 1.4.1972. The Certificate of Registration, P5A dated 1 4 .4 .1972 ,
issued pursuant to the statement of change dated 1.4.1972 (P5) shows that the
sole proprietor of the business of "Komathi Vilas" was S. Theivendran
(the defendant). The evidence on record shows that Sri Renganathan had left the
island on 1 3.4.1972……… He gave a tenable explanation for the declaration in P5
and P5A by him and Sri Renganathan viz: that he had become the sole proprietor
of the partnership business from 1.4.1972. He said that he was a Jaffna Tamil,
while Sri Renganathan and Vythialingam were Indians and that for the sake of
obtaining quotas of rice and flour from the Government they agreed to register the
business in his name only.]
The above case confirms how Jaffna Tamil and Indian
Tamil would join forces for Business purposes but when it came to ‘ownership’ Jaffna
Tamil was distinctly different to Indian Tamil. This heritage would be built into the psyche
of Diaspora Tamils as well as current Jaffna Tamils. They will come together
for UN Business / Politics but not when it comes to ownership issues.
The above confirmed to me yet again the high regard
in which Tamils were held by their parallels in their respective fields of
expertise. As per Wikipedia:
[As a lawyer
Sharvanda worked on civil cases and served under such eminent lawyers as Dr. H.
W. Thambiah QC, S. J. V. Chelvanayakam QC, and H. V. Perera QC. He was appointed as
a judge of the Supreme Court of Sri Lanka in 1974. In 1984 he succeeded Neville Samarakoon as Chief
Justice, the first Tamil to hold that position. He made a number of
landmark judgments during his Supreme Court tenure, including the 13th Amendment to the constitution. He retired from the Supreme Court in 1988.]
The secret is in his completion of
local life:
[Sharvanda was born on 22 February 1923 in Kayts, Jaffna District. He attended St. Anthony's English School in Kayts before
transferring to Jaffna Hindu College at Grade 6. After completing his secondary
education he studied at Colombo Law College, qualifying as a lawyer in 1946. During his time at the Law College he also
obtained a BA degree from the University of London.]
The above confirms systematic completion of primary
life in the local environment in which he was born. This then promoted him to
the next higher or wider level. Those who take him into themselves would
refrain from using his status as if it were a political produce. When more of
us bring such ancestors into ourselves – we are already One Nation. This has
been confirmed again by the judiciary in my land matter. As per that insight I am different to those
who seek Remedial Justice on behalf of someone without proxy.
Canadians have already been compensated in Canada,
including through their admissions as Canadians. If one double dips – one confirms
stealing from the victims.
For his turn, if Mr Wigneswaran had genuinely
respected his elders – he would have supported Tamils whose lands are being
occupied to take action in Court. When the mind of our elders is repeatedly
taken – Remedy would happen one way or the other. That is the law of Belief.
The news received by me today, included the
following:
In time to come Chinese parallels of Indian Tamils
is possible in Sri Lanka and therefore Sea Street’s parallel is likely to
happen in Hambantota as Shangrila Street. But it is highly unlikely that either
would produce Chief Justices – like Jaffna
did – not one but three of them. Let us not throw that baby out with the dirty
political bathwater .
