21 July 2021
Sri Lankans Torn between Law and Morality
in Governance
P
K Balachandran’s Daily Mirror article ‘Indians torn between law and “morality”
on live-in relationships’ caught my attention after I read the feedback on my
article ‘Presidential Pardon for Arjun Mahendran?’. To my
mind, the question in essence is the same in both – law or morality?. I believe that when we believe and share that
belief – we balance the system of Natural Governance in our home environment.
In democracy it is the contribution of the People that has the right to lead.
Article 3 of the Sri Lankan Constitution confirms this entitlement as follows:
[In the Republic of Sri Lanka sovereignty
is in the People and is inalienable. Sovereignty includes the powers of
government, fundamental rights and the franchise.]
The
parallel of the above in a family would be children leading the parents after
they are independent. The question then arises as to which law is suitable.
Hence de facto relationships based on our own morality.
Written
laws are the pathways through which our predecessors expressed their belief.
That belief is the parallel of the truth
in ‘fact’ and the soul of an individual. Laws evolve with time and place just
as our bodies change. Reliable laws would render the intelligence to work the
current system. Likewise reliable cultures.
Balachandran confirms
this as follows: ‘Though there is no specific law on live-in relationships,
the Indian Supreme Court has recognized live-in relationships as being legal
and has defined such a relationship. But still, there are variations in
the way Indian judges look at it. Some look at it legally and allow it, while
others look at it from the traditional moralistic point of view and frown on
it.’
The New South Wales Police arrested me for Trespass – allegedly
on the basis of Inclosed Lands
Protection Act 1901. The action was
peaceful assembly at the reception area of office of the Vice Chancellor of the
University of NSW. The reason – my work was ‘blocked’ by Central Administrators.
It was the parallel of ‘blocking’ policies in Parliament. By completing my part
as required by the terms of recruitment – I earned the right to discuss matters
with the Vice Chancellor. But the Vice Chancellor was not ready to ‘see’ me –
even though his lawyers stated on his behalf at the Supreme Court of NSW – that he would ‘talk’.
I withdrew my application on the advice of the Chancellor that I should talk.
When the Vice Chancellor failed to ‘talk’ he disrespected his own senior. By
respecting the Chancellor – I merged my energies with his. Eventually the Vice
Chancellor was effectively dismissed by the Governing Council – headed by the
Chancellor.
Those parents who have upheld commonness of the family, are
governors. When they bless their juniors – the juniors are empowered to become
reliable parents. The form would vary due to time and place changes. But that
belief is the soul power that works exponentially.
In my example – I am the parallel of de facto partners in
marriage. The Police and the Central Administrators were the parallels of those
who occupy the positions of leadership in lawful marriages. The eventual
outcomes confirmed their lack of belief in the laws they were using. Those were
exponential due to my belief in and respect for the law.
There are many instances where the Sri Lankan government
elected by majority race – made laws that were discriminatory. When used as if
they were the word of Buddha – the return becomes exponential. Duminda Silva
was for example released by the current President – which then records that as
our government’s real law. Eastern Province leader of LTTE – Karuna Amman,
based in Batticaloa, was included as
part of government in 2008. The leader of Easter Bombers - Mohamed Zahran –
is from Batticaloa – confirming the mutation of the real law of that area. Whether
it is the virus or the law, once the other side is completed it does not
mutate.
The parallel link is
between the Central Bank Bonds issue in 2015 and the leasing of Hambantota port
to China in 2017. They happened under the Presidency of Mr Maithripala Sirisena
who was not true to his position nor was he respectful of the law. These are
the reasons why someone who does respect the logic of law and/or is true to her/his
position would not oblige the requests by Sri Lankan leaders who carry those
Energies that weaken our heritage. Wikipedia explains this as follows in the
case of Singapore Government:
[This bond issue also caused disputes between the Government of Sri Lanka and Government of Singapore over
the extradition requests of Arjuna Mahendran to Sri Lanka. Singapore
prosecutors have noted that Mahendran could not have unilaterally made the
decision to accept Rs. 10.058 billion worth of bids at the 27 February 2015
auction had the tender board recommended a different quantum of bids. They
further determined that under Sri Lanka’s Registered Stocks and Securities
Ordinance (RSSO), the tender board is required to reach its own decision to
present to the Central Bank Governor, and that the Governor had no ability to
influence that decision.
The Singapore authorities also raised concerns about a selective
prosecution of Mahendran, since Sri Lankan authorities had failed to even
question tender board members and officers of the Public Debt Department as to
whether they were aware of the conflict of interest between Mahendran and
Perpetual Treasuries Limited, and that the government had singled out Mahendran
for criminal charges without even investigating most of the members of the
Tender Board who signed on to the unanimous decision to accept Rs. 10.058
billion in bids.
On 3 September 2019, Singapore's Ministry of Foreign Affairs
clarified that the government would consider the extradition request from Sri
Lanka once the necessary supporting information and documents were released. Subsequent
reports suggest that the requested information has not been forthcoming from
the Sri Lanka authorities.]
The Energies of Reliable
laws are carried through Due Processes that have stood the test of time and
confirm belief. They are the parallels of Prescriptive titles to land which in
Sri Lanka, is lawful if the conditions as per Prescription Ordinance 1871
inherited from British, are satisfied. One important intellectual requirement
is that it needs to be a title that is adverse to is or independent of the
official holder. That is the parallel of Equal Opposition in Parliament. Had Mr
Ranil Wickremesinghe acted as President through such belief – we would have
prevented the loss of land rights in Hambantota port; followed by the
Constitutional crisis the following year. Each time we override belief – we open
the backdoor for the unpleasant side to enter. Hence de facto partnerships are
preferred by young ones.
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