WAR CRIMINAL & FRIVOLOUS LITIGANT

 

As I read the Guardian report headed ‘Federal police blame ‘oversight’ for delay in Australian review of Sri Lankan war crime allegations’  my mind recalled  the verdict by the Hon Justice Lucy McCallum of the NSW Supreme Court of NSW. That was a complaint based on Defamation against my husband’s siblings who for Court purposes in a testamentary matter in Northern Sri Lanka claimed in Court to the effect that  their brother’s marriage to me – a divorcee was not acceptable to them. That was their escalation of their dislike to Court level. Their lawyer in Sri Lanka asked me in a Northern Sri Lankan Court as to why I needed the money? This led me to filing a defamation case against not only the family leaders but also those in the family who directly benefitted from our marriage but failed to support us. In turn they applied for me to be banned as a frivolous litigant and asked for dismissal of my application. I made my submission in writing and it was supported by my Affidavit as to how I felt. In Court – where I am a junior power due to my ‘lay representation’ I waited for the lawyer hired by the opposition to speak. When it was my turn – I stood up and said words to the effect  ‘if I am banned on the basis of the application by this group whom I sponsored to come to Australia, then I would go back to Sri Lanka’

In effect – that said that I would then prefer the Sri Lankan system to the Australian system which kept demoting me. Relatively speaking I did not directly experience racial discrimination in Sri Lankan workplaces. The judge ruled to dismiss their counter claim as well as my complaint on the basis that it was ‘out of Australian Jurisdiction’. This was claimed because the words that I could ‘prove’ happened in Sri Lanka. Even though the perpetrator Mrs Saraswathy Sabanathan  was Australian – the court ruling was that it lacked Jurisdiction.

As per the above report :

[Federal police blamed an “administrative oversight” for huge delays in reviewing war crime allegations against a Sri Lankan man as he travelled to and from Australia, documents show.

In 2019, human rights groups wrote to the Australian federal police warning that Jagath Jayasuriya, a retired Sri Lankan general, “has entered Australia and may still be in the jurisdiction”.]

On the basis of the NSW Supreme Court  ruling – in my matter – the actions happened in Sri Lanka. The parties directly affected by the military were also Sri Lankans. The only avenue available to Australians is through higher common bodies such as the UN and through Subjective Powers exercised at governance level through votes.

In 2009, a relative of my husband said words to the effect ‘Tamils who emigrant as war  refugees, have to thank Prabakaran (LTTE leader).

Yesterday I confirmed this as follows:

[It is also interesting to note that as per this Affidavit – those who stayed at ‘home’ considered those who left after the 1971 Southern rebellion, as Che Guevara group. This is true also of Tamils who stayed at home considering Tamils who emigrated after 1983 from when India got involved due to the 1983 pogrom against Tamils in multicultural areas. They are recognized as LTTE by those who stayed at ‘home’]

 

A good proportion of Tamil war refugees fall within this category of LTTE heirs. The complaints against Sri Lankan military officers needs an Equal Opposition here in Australia. That could be the Australian Military working through its government. The case against Australian Ben Roberts-Smith is a clear example of our commitment to respecting Sovereignty.

Members of the Australian Tamil Diaspora who are committed to the process of law – would use the avenue I used. If the matter is taken up on the basis of LTTE supporters then the Community would be limited to the LTTE’s commitment to Law. The LTTE law is ‘summary execution of those who express dissent – on the claim that they were ‘traitors’. If that is what they got then that happened as per their Karma.

Civilians who suffered have to work at their level to find closure. Any sharing of success in a Court of Law has to reach civilians in their own language. The Northern Sri Lankan Judiciary failed to uphold the customary law particular to Northern Tamils. They would be ‘lost’ in the sea of global judgements.

 

REVERSE COLONIZATION

Sri Lankan Tamil Saint – Yoga Swami said to know ourselves. I feel I have done that and am knowing others on the basis of that discovery. On 28 March 2022, Samugam media reported that members of the British Tamil Community were protesting against the recent announcement of the opening of investment borders by the Sri Lankan President. Yesterday the indicator came through  a professional member of the UK Tamil Diaspora as to the root cause of such protests. I was seeking and the Truth came as sharing in a ‘free environment’:

In my batch in the University there 105 Tamils and 45 Sinhalese. Of these numbers 

all emigrated except a few (Only a handful Remained).

 

In 1972 I visited the Head Office of PWD in Colombo and found out the office was almost empty because most of my seniors including Sinhalese all left for UK. The remaining staff laughed at me ‘so you are one of the Che Guvara Group.’

I went to the British High Commission in Galle Rd, Colombo 5 and inquired about the employment in UK straight away the lady officer (I remember her name still now Mrs Morrison.) who took all my details and by the time I went back to Badulla Office after two weeks in Colombo and an offer of employment by the British Council was received in Badulla.

 

That was the start of my life in UK but it helped me as I was able to look after the families in Jaffna as well as able to call all my brothers, sister and cousins and brothers in laws. All together 11 of them. Now their off springs are GPs, Chartered Accountants, Chartered Finance Advisor and Computer Wizards in Artificial Intelligence).]

 

I responded by stating that it was Reverse Colonization. It is also interesting to note that as per this Affidavit – those who stayed at ‘home’ considered those who left after the 1971 Southern rebellion, as Che Guevara group. This is true also of Tamils who stayed at home considering Tamils who emigrated after 1983 from when India got involved due to the 1983 pogrom against Tamils in multicultural areas. They are recognized as LTTE by those who stayed at ‘home’.

 

 

According to Samugam media, some Sinhalese also joined the recent protests by LTTE Tamils.

Self governance happens when one governs oneself. When we get ‘handouts’ to elevate our opportunities in Western countries – we confirm ‘Reverse Colonisation’ . It is when we develop our own heirs in the land that facilitated our independence – especially financial independence in the case of Sri Lankans – that we confirm to ourselves – that we are self-governing.

We also sponsored / helped sponsor Vaddukoddai folks to migrate to Australia. But when they became financially independent – due also to handouts – they started ‘telling us’ – especially about ‘Home/Vaddukoddai  Affairs and Property’.  When one is sponsored – one has the responsibility to surrender to the Sponsor that which he thinks is hers/his. Then there is no debt owed, The sponsor in turn needs to be free of debt to her/his homeland. Since those whom we sponsored failed to settle their debts to Vaddukoddai – we are now clearing on their behalf. We did not need the President’s invitation to do so – BECAUSE WE ARE SELF GOVERNING.

Tamil ancestor Thiruvalluvar – has shared this as follows in this regard:

En nandri Kondraarkkum Uyvuntaam Uyvillai
Sey nandri Kondra Makarku

 

There is redemption for anyone who fails to thank ;

But there is no redemption for one who kills gratitude that satisfied a need.

 

 

PTA & MARRIAGE LAWS

Item 9 in the  list of Don’ts from the directorate of  our group of Volunteer Tutors included the following:

UNDER NO CIRCUMSTANCES SHOULD A TUTOR OFFER ANY FORM OF FINANCIAL FAVOUR TO THE STUDENT OR THE STUDENT’S PARENTS AND OR SEND ANY MATERIAL GIFT WITHOUT THE EXPRESS APPROVAL OF THE PROJECT DIRECTOR

This reminded me of my own reputation in Northern Sri Lanka – of not giving anything  ‘free’. I therefore responded as follows:

 

‘I feel that item 9 is essential and confirms your wisdom in teacher-student relationships. Any form of handout, including knowledge,  damages the relationship. The structure is not ours to do as we please.’

The Northern Tamil community of Sri Lanka is bound by its on cultural structure. Anyone who claims to be leader of the whole – has to climb through that structure and declare their leadership once they have mentally reached the top. The best example of this known to me is the Vaddukoddai Resolution 1976, by Northern Tamil Politicians. Its validity was confirmed through the 1977 election outcomes through which the leading Tamil political group became the leading Opposition in National Parliament. This confirmed that we Tamils were capable of working the Political structure developed by our ancestors.

But lower level investors in that culture resorted to ‘show & tell’ and hence the armed rebellion led by the LTTE.  By killing the Tamil Political leaders – the LTTE and its heirs were disowning our political heritage.

The Guardian article ‘Tamils fear prison and torture in Sri Lanka, 13 years after civil war ended’ at https://www.theguardian.com/world/2022/mar/26/tamils-fear-prison-and-torture-in-sri-lanka-13-years-after-civil-war-ended  , presents the following reality:

 

 

[In recent years some of the worst abuses that were rife in the years after the war, from white-van abductions, torture and sexual crimes against Tamils, have abated. What never disappeared was the draconian Prevention of Terrorism Act (PTA). Since it was passed in 1979, the PTA has been a stain on Sri Lanka’s human rights record, enabling arbitrary arrest, detention without charge or evidence, forced confessions and torture of anyone suspected of terrorism.]

If the above was against Tamils only, then it would be an unjust law – as unjust as the Christian only marriage act of South Africa against which Gandhi organised the folks to protest:

Excerpt from The Selected Works of Mahatma Gandhi (Vol. II)

 

Many married men came to South Africa from India, while some Indians contracted a marriage in South Africa itself. There is no law for the registration of ordinary marriages in India, and the religious ceremony suffices to confer validity upon them. The same custom ought to apply to Indians in South Africa as well and although Indians had settled in South Africa for the last forty years, the validity of marriages solemnized according to the rites of the various religions of India had never been called in question. But at this item there was a case in which Mr. Justice Searle of the Cape Supreme Court gave judgment on March 14, 1913 to the effect that all marriages were outside in pale of legal marriages in South Africa with the exception of such as were celebrated according to Christian rites and registered by the registrar of Marriages. This terrible judgment thus nullified in South Africa at a stroke of the pen all marriages celebrated according to the Hindu Musalman and Zoroastrian rites. Many married Indian women in South Africa in terms of this judgment ceased to rank as the wives of their husbands and were degraded to the rank of concubines, while their progeny were deprived of their right to inherit the parent’s property. This was an insufferable situation for women no less than men, and the Indians in South Africa were deeply agitated.

According to my usual practice I wrote to the Government, asking them whether they agreed to the Searle judgment and whether, if the judge was right to interpreting it, they would amend the law so as to recognize the validity of Indian marriages consecrated according to the religious customs of the parties and recognized as legal in India. The Government were not then in a mood to listen and could not see their way to comply my request.]

 

By becoming De Facto group, the LTTE had its own laws – including for marriage. This then nullified the rights of lawful marriages. Likewise the laws in relation to fighting against the Sinhalese government.

Laws lead us to Truth structured at the higher level. The risk of lower level interpretation is high if we separate and fight not for the whole but for only a part. Recently this was confirmed by me in the case of a book, purported to be about a true LTTE combatant:

‘War Journey By Malarvan: Diary of a Tamil Tiger’

 

 

Bittersweet, fresh and lyrical at times, War Journey is a testament to the Tamil longing for a homeland and the wider conflict that once engulfed the island.

The child you threatened once, the young shoot you stepped on, the Tamil you teased, is standing with a gun in front of you.

This short diary was recovered from Malaravan's kit after he was killed in action in 1992, when barely twenty. In it, he recounts his unit’s journey to Maankulam, the islands granary, to fight a critical battle where they routed the Lankan military. The LTTEs planning and tactics, the fervour and camaraderie of the young Tigers, and the actual combat are minutely chronicled. As a foil to the violence, Malaravan brings out the beauty of the Tamil forest and countryside and the humanity and support of the common people for them, despite their suffering under army rule. ]

To one who promoted the book – I wrote at group level:

[If Xxxx does believe then in the passage ‘The child you threatened once, the young shoot you stepped on, the Tamil you teased, is standing with a gun in front of you.’  the perpetrator must be a Tamil, because Malaravan as a Tamil living in rural North, would not have had the experience of being punished by Sinhalese. Likewise, majority LTTE, including the leaders. The real reason was caste?]

The LTTE used the Racial aspect as the measure and did so without the moral authority of their soul. In their ‘artificial intelligence’ they had the ‘race’ measure which was the weapon of the Politicians who were killed by the LTTE. The fear of ‘prison’ . The same weapon would kill or cure as per the true purpose of the user. A Separatist would kill so s/he would rule. Those who separate need to renounce that which is common – including the right to expect from the Common government.

The 1983 pogrom affected Tamils in multicultural areas. It is being hijacked by those who elevated themselves to leadership level – as if Tamils were political orphans.

                                             COVID’S BLESSINGS

To the extent Covid was not within our management – it was a Natural Disaster to those who were hurt by it. Likewise, war. Pandemics and Wars seem to happen around the same time.

 

In Sri Lanka, the ethnic war continued for 30 years and to most civilians it was beyond our control and therefore management. Many who were outside its influence lacked the Energy to change its course. Others who unjustly suffered but continued to live within their means contributed strongly to Sri Lanka’s Sovereignty. Next come those who shared in the pain of victims as if it were theirs and did what they could by sharing themselves.

I believe that I am in the latter category. Those who endure pain develop intuition.  I feel that this was my message when I wrote that Australia also had its share of political injustice, in terms of less powerful ethnic groups. That was based on my personal pain because I made the declaration that Sri Lankan qualifications were my highest. In 2009, while I was waiting to be cleared by the Sri Lankan Health Ministry to go to the camps, I received the invitation from the Institute of Chartered Accountants of Sri Lanka to apply for Fellow Member status. That boosted my confidence and I showed that status in my communication to the Ministry which cleared me to go to the camps. To me that ‘timing’ was a miracle.

Likewise, when I read the news report headed ‘President promised immediate action – Sumanthiran’ by Ceylon Today. As per this report:

‘President Gotabaya Rajapaksa has agreed to take immediate action for four major requests which were submitted by the Tamil National Alliance (TNA), including releasing the prisoners who were arrested under the Prevention of Terrorism Act (PTA), TNA Spokesman M.A. Sumanthiran said.’

Due to Covid attacks, Politicians on both sides would have appreciated that – their time to complete this issue has been shortened and that the resources available have been depleted to levels far below their previous projections. This is why we need to do what we can and leave the rest to our Soul Power which makes the Universal connection,

 

 

NO PTA IN AUSTRALIA

 

Mr Kumar Rasingam - Secretary, Tamil Canadian Elders for Human Rights responded as follows to my article ‘SRI LANKANS  NEED PTA’

‘You support the draconian PTA.  Rubbish’

 

But this morning my response came through the ABC article ‘Refugee calls for improved visa support after incredible journey from war-torn Sri Lanka to central west NSW’ at  https://www.abc.net.au/news/2022-03-26/sri-lanka-refugee-jaganthan-thankavel/100933188

Obviously the refugee family must think that Australia is a better place than Sri Lanka. Their measure about Australia is largely hearsay. As per my experience, the New South Wales Police are not different to Sri Lankan Police. Hence these refugees would have a better picture so long as they are obedient. Here also, we are not ‘free’ to question our seniors.

In his speech in National Parliament Mr CV Wigneswaran who was part of the Judicial family before be became politician, revealed the following:

 

[Often Judges grant conditional bail to persons detained for long periods without charges or indictments being filed, advising the Police or AG’s Department to file cases when they are ready.]

Here in NSW, I was arrested by Police for Peaceful Assembly at the Office of the Vice Chancellor of the University of NSW. The Legal Aid officer allocated to my case encouraged me to sign the conditional bail but I refused. By going through the punishment I realised that the Police were ignorant of the law, in the name of which they arrested me. They used Inclosed Land Protection Act 1901 (NSW) to arrest me for Trespass. When I studied the law I realised that they were carrying out the wishes of Administrators who considered me a nuisance. I argued my own case and the charges were dismissed. But when I went again – their actions did not change.

But by genuinely studying the above law – after paying my respects to the architects – I believe that they were advising me from within. Accordingly, I realized that the Police needed a law that gave them the confidence that they were ‘right’ at that time at that place. Otherwise, the risk to their lives was rather high.

The armed officers are the first judges. Where the Judiciary is not reliable, one gets condemned as a criminal.

If there was no PTA, arresting officers would still need an alternate law under which to arrest. The same law would be interpreted differently by a higher mind. The need for PTA happened due to armed rebellions against the government. At the ground level – it is ‘kill or get killed’.

If there had been no armed rebellion in Tamil areas one is entitled to claim that the law is draconian. But wherever there are de facto armies and police – civilians need strong laws that would deter hasty use of arms. In terms of psychology, it is easier to use a preconstructed picture than to independently assess on the spot. The PTA facilitates this so the citizen would be protected.

 

SRI LANKANS  NEED PTA

This morning, I received the communication regarding Mr Wigneswaran’s speech in Sri Lanka’s National Parliament. It was published under the heading ‘On 22^nd March, 2022 at 2 pm

Amendment Bill to the Prevention of Terrorism (Temporary Provisions) Act No.48 of 1979

Speech by Justice C.V.Wigneswaran M.P.’

 

Just before then my attention was drawn to the report headed ‘WATCH : President apologizes to Ranil over Cabraal’s comment’ at

WATCH : President apologizes to Ranil over Cabraal's comment - NewsWire

 

I admired the wisdom demonstrated by Mr Ranil Wickremesinghe who disciplined the Governor of the Central Bank of Sri Lanka  over  Mr Ajith Nivard Cabraal’s statement at the All-Party Conference. In essence Mr Wickremesinghe took the position of ‘Senior’ above Mr Cabraal, in that governance group. More interesting, was the knowledge that  President Gotabaya Rajapaksa extended his apologies to former Prime Minister Ranil Wickremesinghe. Reading the essence of the above, I concluded that President Gotabaya Rajapaksa, as a civilian, was respectful of the Separation of Powers between Politics and Administration. As an individual he did not need the PTA.

But as the leader of a nation strongly driven by brawn power he needs the Military as the third arm of the government. The need was endorsed by the LTTE which opposed through the Military path.

 

In his speech, Mr Wigneswaran demonstrated insight into how the Judicial system prevented injustice through delayed justice:

 

[Often Judges grant conditional bail to persons detained for long periods without charges or indictments being filed, advising the Police or AG’s Department to file cases when they are ready. More often such cases are not filed.]

 

If Tamil Judges also did this, in North & East, then we would learn that the Judiciary is senior to the Executive. Yesterday, I wrote as follows  to the Judicial Services Commission of Sri Lanka under the heading - COMPLAINT AGAINST COURT ADMINISTRATION IN NORTHERN SRI LANKA’:

 ‘During the latest discussions we learnt that the Registrar has collected the monies from the banks as if  the Registrar were Administrator  pendente lite, as provided for by Section 539A of the Civil Procedure Code:

 

[539A.  Where   any   legal   proceeding touching  the  validity  of  the  will  of  a deceased  person  or  for  obtaining,  recalling or  revoking  grant  of  probate  or  letters  of administration  is  pending,  the  court  may, either  on  the  ground  of  undue  delay  or otherwise, grant letters of administration to the   estate   of   the   deceased   to   an administrator  limited  for  the  duration  of such  proceeding;  such  administrator  shall be subject to  the immediate control  of the court and act under its direction,  and shall not have the right of distributing the estate]

A copy was sent to the concerned Registrar.  From our previous actions along similar lines, we learnt that we were ‘educating’ the Registrar. The ‘right’ outcomes may or may not be delivered by the Northern Judiciary – but our actions would lead to higher knowledge when shared, would transform us into a more orderly society.

 

If the majority Northern Tamils had had knowledge of the PTA – it is highly likely that the LTTE would have failed in its attempt to ‘influence’ them that ‘separation’ was better than multiculturalism which is represented by Colombo. We need the PTA to discipline extremists from both sides.

The reality in Northern Sri Lanka is that majority have no faith in the law but use greedy lawyers to fulfil their desires. Unlike Colombo Judges known to Mr Wigneswaran, Northern Judges seem to lack the wisdom to delay the punishment and thus uphold Justice.

 

 ISLAM FOREMOST - THE OTHER SIDE OF BUDDHISM FOREMOST?

These days, it seems common for folks to use the name of the system of Karma to explain why something happened and they are unable to show or prove the connection between Cause & Effect. Recently, a Tamil Diaspora elder asked me to explain the difference between ‘opinion and belief.’ My response was as follows:

 

‘Fact’ is the parallel of individual living and operating through  Body and Mind and Soul. The body is ‘seen’, the mind is known and the Soul is beyond the seen and the known.  In ‘fact’ – the parallels are What Happened; Why it is known to have happened and Truth is the invisible Absolute power.

 

Belief could be our own discovery from zero base and / or a  combination of others’ discoveries and ours. to the extent we feel gratitude towards them – we are them and hence the outcome is owned by both as if we owned the whole.

 

My own personal analyses went deeper than the above. In terms of physical manifestations in a ‘free’ environment – they confirm our level of ‘input’ in an issue and who our inner audience is. When one seeks to ‘show’ outsiders one needs evidence.

The above question and response were manifested by the report headed ‘Russian MoD Names Curator of Pentagon-Funded Biolabs in Ukraine.’

The early response from a member went as follows:

[Although it is difficult to separate fact from disinformation I would think given the Georgia Journalist information there is good evidence to believe that the current Covid 19 that is supposed to have come out of China is part of this bioweapons research by Uncle NWO. If funding to Ukraine for biological agents can be established then uncle NWO also funded this despicable research in the Wuhan lab as well that further validates Uncle's admission that funding was provided for Gain of function research. So all Uncle’s dirty work is being distributed to Patsys around the world with money to line the Patsys pocket]

My response to the above was:

[Given my lack of knowledge structured by medical institutional hierarchy, I tend to use how I feel through my personal experience at that time .Accordingly, on 21 April 2020, I wrote as follows in my article headed ‘The Virus Was Artificially Produced’ : http://austms.blogspot.com/2020/04/gajalakshmi-paramasivam-21april-2020.html

 

[The above confirm the strong possibility of ‘leak’ in the artificially created virus purportedly for scientific purposes. The fact that political and business minds were involved in this  - confirm pollution in ‘inputs’. Until we have firm and reliable output based connections – we are entitled to use the input method. Accordingly, China is guilty of first degree negligence followed by  France and the USA – of second degree negligence for cultivating the virus. W.H.O. is fully responsible for failing to prevent  the spread.  ]]

My measure is the parallel of the current Sri Lankan government’s stated basis in relation to allegations of war-crimes – that they would deal with it ‘internally’. My ‘internal’ measure was based on my own experience with the Australian Government which confirmed the use of ‘migrants’ to ‘show’ multiculturalism but failed to commit itself to practice of Equal Opportunity Laws as interpreted at global/UN level. In a free environment – our truth manifests itself. When we earn and take the true position of ‘Senior’ but overtly limit our expressions to ‘Equal’ in a Court of law, the ‘gap’ converts itself to Absolute power of Sovereignty.

When I was ‘failed’ by the Courts that used personal measures rather than Common measures as per the minds that developed the laws of Equal Opportunity, my higher investment at global level – converted into Positive Energy at that level. Hence my above interpretation given that the Medical Faculty of the University of NSW benefited from my work but failed to express support for my work. Then ‘other free minds’ access the value of that work through the global Energy.

The current Sri Lankan government promised to use local laws. It did on Tamil combatants. Recently when preparing to tutor Sri Lankan Grade 10 students, I came across Kumar Sangakkara’s sharing of war experience - The Lahore Attack | MCC Spirit of Cricket Cowdrey Lecture 2011.

https://www.youtube.com/watch?v=ET0M_J2UN9k

The introduction  goes as follows: - ‘Kumar Sangakkara recollects his experience of the terrorist attacks on the Sri Lankan cricket team during their 2009 tour of Sri Lankan.’

Kumar Sangakkara, confesses to not having had the Sri Lankan experience of war. His speech is part of the curriculum by the government. Thus the war has been elevated to glorify a Sinhalese. As per Wikipedia:

[His parents sheltered Tamil families during the Black July riots in 1983.]

If both are true, then Kumar Sangakkara was benefiting from the Sri Lankan war.

The question then arises as to whether this contributed to localising the other side – i.e. the cost? Did that then contribute to the Easter Attacks in 2019?

Application of the Common Law on Equal footing, helps us to prevent such imbalances in the cost-benefit equation. The Black July riots were against Tamils by Sinhalese. If Kumar Sangakkara did not feel the ‘terrorism’ exerted on Tamils then he naturally is Sinhalese only and is NOT Sri Lankan.

It is to prevent this kind of ‘attachment’  that in Hinduism we have the philosophy of Shiva as the Spirit of Holy Trinity. This means that He destroys the past to make us Eternal. After an event becomes matter of the past’ including due to negligence of  those responsible to apply the law, attachment to it awakens the ‘cost’ exponentially. Likewise when we take ‘benefit’ from outsiders – as if we are seniors.

Genuine feelings for  victims  of ethnic war in Sri Lanka would have prevented Easter Bombings . When ‘Buddhism foremost’ is used for political gain – it would naturally generate its Opposition – ‘Islam foremost’ at the same level.

 

TRANSFORMATION – SRI LANKA

Asia News report headed ‘United Nations accuses Sri Lanka of war crimes’ was shared with me also. The report begins published on 14 March 2022, introduces the subject matter as follows:

by Arundathie Abeysinghe

“United Nations High Commissioner for Human Rights Michelle Bachelet calls for sanctions against Sri Lanka for its failure to identify those responsible of killing 40,000 civilians during the 1983-2009 civil war.

Colombo (AsiaNews) – For United Nations High Commissioner for Human Rights Michelle Bachelet, sanctions and international prosecutions for war criminals are needed in Sri Lanka as Sri Lankan authorities have repeatedly failed to ensure accountability for wartime atrocities committed during the country’s 25-year civil war, which ended in 2009.

According to Bachelet, the island nation has drifted towards “militarisation” after President Gotabaya Rajapaksa, a former lieutenant colonel, took office as president in 2019.

She expressed her displeasure with regard to militarisation of civilian government functions, including in law enforcement, as military officers facing allegations are placed in high positions in government administration.

The high commissioner also noted that many military checkpoints remain in place in Sri Lanka’s Northern Province, which is predominantly inhabited by Tamils, pointing out that there are “complaints of discriminatory treatment or harassment… particularly of women.”

For this reason, she has urged the UN Human Rights Council to invoke universal jurisdiction in order to prosecute Sri Lankan officials facing credible allegations of war crimes.”

Around the same time, an LTTE supporter from the Australian Tamil Diaspora declared as follows about his leader:

[As Prabakaran said on many occasions after his demise the struggle will continue in a different form not by carrying arms.]

This, if true, to my mind, is prediction of ‘transformation’. So how do the armed groups like the LTTE confirm transformation?

The best example of transformation, in relation to Diaspora communities such as Sri Lankan Tamils is the way we show our integrated cultures. The fundamentals of way we relate to the other would change.  That change has been confirmed by the escalation of the conflict to UN level. At that level any ‘wins’ or ‘losses’ through armed forces would need to change into Assets & Liabilities and not be made active as current benefits or losses. The above mentioned indicators by  the United Nations High Commissioner for Human Rights confirm that the Sri Lankan government has not ‘transformed’ itself but continues to use war victory as a current benefit. Likewise, the section of Tamil Diaspora which uses that as if it were current costs, instead of Liabilities that need new Assets to balance them. When we transform, the net value of  costs and benefits / wrongs and rights becomes Balance  item. Those who continue to use the old costs or benefits in their mutated forms confirm lack of heritage structure. They confirm readiness to extend the armed war through other seniors. In this instance Tamils would join the West led by America and Sinhalese would join China and Russia.

Each one of us can transform ourselves by writing our own Balance Sheet. To the extent we did that we accepted ‘defeat’ as prior period/birth transaction. This has resulted in the financial crisis that is affecting the Sinhalese voters more than Tamils who have learnt to live with less than they had prior to the war. This is the Asset known as Resilience. We have brought that forward in our Community horoscope. It was no coincidence that in 1976, through Vaddukoddai Resolution, we caused the effect of  Equal status in National Parliament in 1977.

This time we Sri Lankans suffered the military defeat in silence and have effectively demoted the government at financial level. The Believer identifies with the effect that s/he caused through non-cooperation. To non-believers, it is coincidence.

As highlighted recently by a Tamils Diaspora intellectual - Sir Albert Einstein said – ‘Coincidence is God’s way of remaining anonymous.’

Belief & Coincidence, like Nirvana, may look the same. One is zero and the other is Absolute.

 

 

 

G G PONNAMBALAM HERITAGE OR PANDARA VANNIAN HERITAGE?

 

 

My attention was drawn to IBC report on the protest against the 13^th Amendment to the Constitution of Sri Lanka. As per that report at https://ibctamil.com/article/massive-uprising-against-the-13th-amendment-1647172764 

 

 

 

As per that  report, the blessings of Vanniyar Chieftain Pandara  Vanniyan were sought at the beginning of the procession. The protest is reported to have been organized by TNPF - Tamil National People's Front headed by Mr Gajendrakumar Ponnambalam – the grandson of the Hon GG Ponnambalam who sought Equal Rights for ethnic minorities in National Parliament. Now that has evolved as  TNPF policy of Two Nations One Country.

 

To my mind, the 13^th Amendment confirms this status through language policy. One therefore is entitled to question the need for such a protest. Today I responded as follows to a group of high thinkers:

[Knowledge becomes wisdom when it is shared on the basis of genuine need.

Any knowledge  in  excess gets hoarded and becomes obsolete. Knowledge from senior to junior becomes Shakthi / Energy  that preserves Itself]

 

The senior in this instance is the Hon GG Ponnambalam. To my mind that Political elder would NOT have sought the blessings of Vanniyar Chieftain Pandara  Vanniyan in terms of law. His mentors were largely British.

 

When using the name of our heritages, one has to be careful to operate within the boundaries of one’s belief in that heritage. When we come outside those sovereign boundaries one loses the protection that comes with the heritage. When we derive current benefits out of that heritage, we earn the curse of that heritage which is a ‘Sovereign’ power.

 

The 13^th Amendment confirms that Tamils have the blessings of India, which includes Tamil Nadu in its governance structure. Most Tamils of Sri Lanka continue to practice the culture inherited from India. To that extent we have Sovereign status of the original. It is a natural status that protects the heir from exploitation.

 

Heritages are formed through sacrifice of immediate benefits. One who uses heritage for current benefits, naturally invokes the sacrifices as current costs and does so exponentially. To my mind the Silk Road Heritage was used by the current Government of China in its One Belt One Road project and we  got the Pandemic.

Tamils who abuse our Political heritage lose the protection of  Sovereignty and get exponential costs.

 

 

GOVERNOR OR MAYOR?

 

The Jaffna Taxi driver said to us that Mayor Manivannan had beautified the big lake area known as Ariya Kulam in Jaffna town. This was on 31 December 21. I registered it as per my experience of Manivannan as a lawyer. Today I came across the interview with the  Governor of Northern Province Mr Jeevan Thiagarajah – under the question whether Ariya Kulam  was being converted to Buddhism? -  https://www.youtube.com/watch?v=CZMknP-cYbg

 

So, who had ownership at the public level? – the Governor or the Mayor? The answer lies in the feeling which is the Ultimate Root Cause of manifestations. The governor gives us a clue about his thinking that the judiciary works on the basis of facts and that this would prevent ‘personal’ opinions being used in decision making. But what if that personal opinion was based on belief? Is that not a ‘fact’ as well?

 

During his representation of our matter, Mr Manivannan failed to turn up on a particular day due to strike action by a section of the Bar Association. We were informed by Mr Manivannan only that morning – that he would not turn up due to the Bar Association strike. I informed him in return that I would attend as per Due Process. I was acting as per the Administrative Pathway which requires us to ‘show’ both side participation on equal footing. The footing here is the rule of the Court Administration.

 

On that day Mr Parathalingam PC was present to represent our Opposition. I was shocked to learn that Mr Parathalingam who and agreed to represent us in a Land matter in Colombo was appearing for our Opposition in the Testamentary matter in Jaffna Court of Appeal. He lacked the courtesy to inform us through our instructing solicitor.

 

Judge Ilanchelian presided. The judge called all lawyers concerned to his chambers and since Manivannan was missing and we were not invited it was like a political meeting of lawyers. The head of the party was  Mr Parathalingam PC, who got to his feet and declared that he would move to have the appeal dismissed – as if we had committed a cardinal sin by failing to inform him- the lord of justice! Judge Ilanchelian in turned warned us to the effect we were wasting the Court’s time!

 

I got to my feet, ignoring the warning signs of the Police officer signalling me to sit down, and stated that as I had filed the Appeal Application, I would argue the case. Then Mr Parathalingam stated that the proxy would need to be withdrawn! Judge Ilanchelian with a small smile on his face asked me to inform our lawyer of the new Court date.

 

In the area where I was the judge – I wrote asking our instructing lawyer Mr Manoharan to terminate the services of Mr Parathalingam in the Colombo land matter. That case was won the two years later in Colombo – with the Court of Appeal delivering results that upheld all our contributions to the Judicial system. Mr Harsha Fernando who represented us never failed to include our contributions which were largely our declarations of belief.

 

Where the Jaffna Public are the judges I would certainly rate Mayor Manivannan far below Governor  Thiagarajah.  That positioning would have been higher if Governor Thiagarajah had demonstrated confirmation that as the representative of the Government, the Governor was responsible for the Court Administration also.

 

As per our experience, the Registrar looks to the Judge to deliver Administrative decisions. This is in breach of the Doctrine of Separation of Powers between the Judiciary and the Executive government that has responsibility to decide on the basis of their Administrative structure – using the same law.

 

The serious breach of this doctrine has resulted in our Opposition assuming Administrative authority which was never asked for in their Application and also in the Registrar of the Court collecting the monies from the bank accounts of the Deceased -Mr Subramaniam Yoganathan of Vaddukoddai – making a mockery of the Vaddukoddai Resolution.

 

The fundamentals of this case were stated to be based on Thesawalamai law. But the final judgment was by Common Law -insulting our ancestors who gave us the Thesawalamai law. Then at UN we boast that North is our Traditional homeland! This case outcome is proof that the Jaffna lawyers and judges desire the outcomes of both!  What they NEED is separation of powers and not the land.

 

Politics v Military

 

 

From: >
Sent: Friday, 11 March 2022 12:39 PM
To: Subject: RE: விடுதலைப் புலிகளை அழிப்பதற்கு முன்னர் சம்பந்தனிடம் அமெரிக்கா - இந்தியா கூறிய முக்கிய செய்தி(Video) - தமிழ்வின்

 

You state: [Most of us ( we are now 80 plus of age ) who have been  dispassionately watching the passing scenes in politics - from Sir P., GGP, C.Sun , SJV ,Appapillai A..,Velupp8llai P.]

 

VP was a military leader and does not qualify to be addressed as Politician. A successful politician in democracy is confirmed by successful election to represent her / him in Parliament. VP blocked this in 2005 and disqualified himself from participating in the democratic process.

 

You state:

[The Tamils as a whole , who pride themselves as possessing high IQ , having produced several erudite, eminent professionals, academics & administrators have revealed an extra ordinary hind sight in electing our members of parliament.  Our people have been deceived by DS, JR down to Ranil and Sirisena.]

 

One who deceives her/himself would easily be deceived by others. Hence these politicians who failed to discipline VP defeated themselves in Democracy. How can you group Mr. Amirthalingam and VP together? It is an insult to that gentleman who led the Vaddukoddai Declaration. The legitimacy of that declaration was confirmed by the 1977 election outcomes. Our high  IQ worked through Sinhalese voters who valued education above military. Then we spoilt it all by accepting military above politics. To my mind, this happened due to our fear of junior castes against whom we discriminated to fulfil our desires. The two – desire and fear become polarised when we take the emotional route which causes one-way traffic.

 

As per the system of Truth, the other side comes to us as ‘sin’ when we do not balance the system during its current period. In democracy – the apparent junior side which gets second highest is raised to Equal status as the first group with most votes. Where the gap is filled by higher thinking – referred to by you as high IQ the second side actually leads the outcomes if they consider the whole to be common. Otherwise, the culture of the whole is demoted to that of majority. The balancing power is with the believing minority who may or may not have high IQ. When we believe and act as per our own conscience, we invoke the Universal power of truth. The UN’s role is to facilitate that space. Within that space, our first duty was to discipline our side which was influenced by India’s might but without respect for those who died to protect India’s sovereignty through the Political pathway. Thus, they invoked the military power of Sinhalese as their Opposition – very like Ukraine at the moment. Ultimately our karma – once recorded cannot be reversed through current actions. Wrongs must be ‘captured’ during their current period to prevent them from becoming ‘sins’ . In accounting – the Balance sheet reflects these prior period transactions as assets (virtues) and liabilities (sins) . Any prior period adjustment needs to be shown separately. Those who desire war victory are not likely to close the books of war. We ‘created’ the space for USA to takeover the show. They in turn wanted Tamil Politicians to alienate themselves from the LTTE. If successful Tamil politicians would have become the puppets of USA or met with the same fate as Mr Amirthalingam and others physically eliminated by the LTTE. But their true work would continue to support genuine politicians.

 

Gajalakshmi

 

 

 

https://tamilwin.com/article/important-us-india-message-to-sampanthan-before-1646658099