PTA IN AUSTRALIA
Kumar Rasingam - Secretary, Tamil
Canadian Elders for Human Rights responded as follows to my article ‘SRI LANKANS NEED PTA’
support the draconian PTA. Rubbish’
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
[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.
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