Gajalakshmi Paramasivam

15 December  2020

 

 

 

NO JURISDICTION OVER EASTER SUNDAY TRAGEDY

Independence & Separation are often mixed up. This has been a key reason for allegations of terrorism on the part of rebels and war crimes on the part of governments. There is a saying in Tamil – that one who sees the stone does not see god and v.v. Stone (statue) is the physical exterior and god is the nuclear Energy that is not visible to the physical eye, and is exponentially powerful. In terms of Law, justice is the nuclear Energy. Judgment in Court is the statue.

In his interview with Daily FT, apparent specialist on Lankan heritage, Prof. Nimal de Silva, presents this as follows. 

[Heritage means all what you have inherited from earth to your personal genes. Heritage has two basic parts; 
Natural heritage and cultural heritage. Cultural heritage is also divided into two, as intangible and tangible.
All tangible heritage objects are created to support and fulfil intangible heritage requirements. Tangible heritage can be movable or immovable.]

One who specialises in Sinhala Medicine is getting brainwashed by the Media to take his place as Sri Lankan. I highlighted in my article ‘DUAL CITIZENSHIP & DUAL MEDICAL SYSTEMS’ that according to Prof. Nimal de Silva :

[ During the colonial occupation we were brain-washed and convinced that what is Sri Lankan – local or traditional are inferior and no good.]

Tamils, Muslims and Christians would likewise have their share of accusations over Sinhala-Buddhist rulers in non-Buddhist areas. The Easter Sunday inquiry is an outstanding example of this. The conflict was between Christians and Muslims who have been separated from Buddhists through Article 9 of the Sri Lankan Constitution:

[9. The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e).]

Accordingly, Non-Buddhists are empowered by the Constitution to find their own solutions confidentially and it is the DUTY of the Government to facilitate this. The government therefore has no jurisdiction to directly inquire into Muslim or Catholic affairs relating to religion, beyond the level of apparent reason through objective evidence. They have the authority to apply rules to protect the privacy of the two groups to find their own answers but not dig deeper into non-Buddhist minds protected  by the above article. When they so probe – they are trying to brainwash all concerned and the outcomes produced would be false. Belief is the root of any inquiry that would lead to Truth. Truth in turn naturally strengthens the pathway through which we discovered the truth.

According to the Island report ‘PM promises action against those responsible for Easter Sunday carnage’:

[Prime Minister Mahinda Rajapaksa yesterday said all those responsible for the Easter Sunday carnage would be severely punished.

The Prime Minister said those who had a hand in the carnage were attempting to influence powerful persons and absolve themselves of the blame, but the findings of the Presidential Commission of Inquiry on the Easter Sunday killings would reveal those responsible.

“None of them would be given protection and they would have to pay for the crime,” Rajapaksa said.]

This government has the jurisdiction to punish only Buddhists at mind level. To punish Non-Buddhists – the government requires Scientific Proof through tangible / objectively measurable  evidence. Otherwise they are brainwashing.

In his Colombo Telegraph article ‘Analysing Sumanthiran: A Reality Check On Hejaaz, Muslim Politicians & Lawyers’ Mr Mass Usuf highlights this duality as follows:

[On 09/12/2020, at the Committee Stage Debate in the Parliament on the Appropriation (2021) Bill, Honourable Member of Parliament Mr. M.A. Sumanthiran made some terse remarks given the limited time allotted to him.

He justified the need for an international inquiry and international judicial process to look into serious crimes committed in this country which has an impact on international law. In order to drive home his point, he alluded to several instances and, euphemistically made reference to the “depths to which your judicial system has sunk”. As a recent example he cited Mr. Hejaaz Hizbullah, an Attorney at Law who is currently in detention. Mr. M.A. Sumanthiran said, “a brilliant young lawyer denied justice for eight months. All kinds of false allegations were made against him.”  Further, he drew attention to the fact that if there were any grounds for prosecution, they should have filed charges against him. The Opposition Member of Parliament questioned the Minister of Justice Mr. Ali Sabry “what were you doing for eight months?”  

Voicing concern over the sacrosanct Attorney/Client communication, he pointed out that two of the client briefs of Attorney Mr. Hejaaz Hisbullah were taken away. He also deplored the fact that Hejaaz had not been given proper access to his lawyer. Mr. Sumanthiran then emphatically asked the million-dollar question, “if you treat a lawyer like that how do we expect you to treat anybody else?”]

 

A short introduction to the arrest is presented as follows by Amnesty International:

 

 

[On Hejaaz Hizbullah: The latest victim of Sri Lanka’s draconian Prevention of Terrorism Act

As much of the island was celebrating the Sinhala and Tamil New Year, senior lawyer and minority and civic rights activist Hejaaz Hizbullah got an unusual call from the Ministry of Health. They said they were worried he may have contracted COVID-19 and advised him to remain at home. Hejaaz had been in touch with the authorities about the pandemic. A day earlier he and others had written to the Sri Lankan president about his government’s decision to ban Muslims from burying their dead, forcing them to cremate their remains instead – a violation of their right to freedom of religion, as protected by Sri Lanka’s constitution and its international obligations. The World Health Organization’s guidelines for the safe management of a dead body in the context of COVID-19 allows for either burial or cremation. 

The health officials never visited, but he did get a knock on the door from the Criminal Investigation Department (CID) of the police. They handcuffed him and placed him under arrest, without explaining why. When Hejaaz’s relatives asked if the police had an arrest warrant, they were warned not to ask any questions.]

The question raised by Sumanthiran –“ if you treat a lawyer like that how do we expect you to treat anybody else?” was raised by junior members of my family and community when the NSW Police unlawfully arrested me for seeking to speak to the Vice Chancellor of the University of NSW.

Those who take welfare as salary eventually become dependent on the provider. This is fine – so long as they do not exercise authority over someone outside their circle of sovereignty. Those who follow Buddha Sasana are bound by belief in Buddhism and hence they make up a Sovereign group within which they are morally entitled to exercise powers over each other on the basis of their position hierarchy, unless challenged by one on the basis of written law applicable to the common body – which in my case was the University of NSW, followed by the State of NSW.  In the case of Mr Hejaaz Hizbullah,  it was Sri Lankan secular law in which he was senior to the CID officers. If this was not accepted by the CID – to arrest - they needed the authority of a member of the Judiciary on the basis of Objectively  / Scientifically measurable evidence with no trace of subjective influence either way.

In the case of Buddhist Officers within the CID who did not believe in the secular law as much as Mr Hejaaz Hizbullah – the authority of a higher officer independent of the political power of the government was needed to make the arrest, leave alone keep the person in custody without Independent Judicial order. The author quotes as follows from Professional Ethics, by Dr A.R.B. Amerasinghe, one time Acting Chief Justice of Sri Lanka who to my knowledge did not demonstrate in action that he saw anything wrong with Article 9 as stated above – especially as to how it would be interpreted by the average Buddhist:

[Members of the legal profession are supposed to be in a privileged status because they are part of ‘the administration of justice and essential for the maintenance of law and order and the preservation and advancement of civil liberties and the maintenance in general of the rule of law’. ]

That is not a statement of truth about the common Sri Lankan practitioner of law. It is rather a theoretical advice which becomes imaginary when the user does not believe in the original mind.

Buddhist laws would work for Buddhists as Muslim laws would work for Muslims. Likewise, the third dimension secular law which often becomes least visible in a strongly cultural environment, would work for believers in secularism. As per the laws of Truth, one cannot believe in two alternate pathways at the same time.

The application of secular law must be limited to the depth of the apparent senior in authority.  Beyond that the problem cannot be solved by the officials and needs to be sent back to society through respectable closure at the secular level.

The current government that is promoting native medicine to prevent and/or cure Covid19 has no moral authority to take credit for Common Science based medical practices which are of high standards in Sri Lanka – thanks to global minded learners and teachers who are being labelled by the likes of Prof. Nimal de Silva as having been brainwashed.

Where one believes one cannot be brainwashed. Where one makes laws without belief – the return is illogical brain order which would easily be flooded by floating information or be fooled by those who ‘show’ small minds artificially elevated through apparently high positions.

The Easter Sunday tragedy is a natural disaster that was waiting to happen. One who seeks to take political advantage over it would turn the problem towards her/himself. Einstein said ‘the more I learn, the more I realize how much I don't know’

Wise Tamil elders said ‘katrathu kai alavu; kallathathu kadal alavu / That which we have learnt is the size of the palm; that which we have not learnt is the sea’