Sunday, 31 July 2022

 

31 July 2022

Gajalakshmi Paramasivam

 

COLOMBO - RANIL WICKREMESINGHE’S ULURU

['If not now, when?': Albanese suggests wording for referendum question on Indigenous Voice…..

Albanese said the proposal was "a straightforward proposition".

"A simple principle. A question from the heart," he said.

Albanese said his government, if the referendum succeeded, recommended adding three sentences to the constitution:

 

A simple principle. A question from the heart," he said.

Albanese said his government, if the referendum succeeded, recommended adding three sentences to the constitution:

1.    There shall be a body, to be called the Aboriginal and Torres Strait Islander Voice

2.    The Aboriginal and Torres Strait Islander Voice may make representations to parliament and the executive government on matters relating to Aboriginal and Torres Strait Islander peoples

3.    The parliament shall, subject to this Constitution, have power to make laws with respect to the composition, functions, powers and procedures of the Aboriginal and Torres Strait Islander Voice.]'If not now, when?': Albanese suggests wording for referendum question on Indigenous Voice (9news.com.au)

 

The question here is whether Mr Albanese by belief, represents the Indigenous community or mainstream community? The place where a community makes its declaration of belief is its Natural Parliament.

In Northern Sri Lanka, Vaddukoddai Resolution 1976 was the parallel of the First Nation’s Uluru Statement from the Heart 2017.

Sri Lanka’s Prescription Ordinance 1871 is my guide to confirm whether a declaration of belief is valid in the eyes of the law. Section 3 highlights the essential criteria:

[Proof of the undisturbed and uninterrupted possession by a defendant in any action, or by those under whom he claims, of lands or immovable property, by a title adverse to or independent of that of the claimant or plaintiff in such action (that is to say, a possession unaccompanied by payment of rent or produce, or performance of service or duty, or by any other act by the possessor, from which an acknowledgment of a right existing in another person would fairly and naturally be inferred) for ten years previous to the bringing of such action, shall entitle the defendant to a decree in his favour with costs. And in like manner, when any plaintiff shall bring his action, or any third party shall intervene in any action for the purpose of being quieted in his possession of lands or other immovable property, or to prevent encroachment or usurpation thereof, or to establish his claim in any other manner to such land or other property, proof of such undisturbed and uninterrupted possession as herein before explained, by such plaintiff or intervenient, or by those under whom he claims, shall entitle such plaintiff or intervenient to a decree in his favour with costs.]

Any law needs belief . Where there is a lawful owner, such as the Australian Government in relation to Parliament in this case, this Alternate Government is confirmed to have priority rights in issues affecting its community. Yesterday, after I published my article – ‘ABUSE OF COURT PROCESS BY FORMER COMMISSIONER  - HRCSL’ , I was referred to the interview at https://youtu.be/eyGerCSnpSY.  One of the comments was ‘this lady is a qualified and accomplished human rights spokesperson, frank and fearless

I responded as follows:

[This lady is in the opposite pole to indigenous Tamils. The two make the Tamil community revolve around itself . Ambika talks about arbitrary arrests in Sri Lanka, on the basis of her investment in International law. Here in Sydney Australia, I was arrested 4 times – that was also arbitrary. But I went through the experience sans my earned status – as if I were indigenous Australian.  Hence I don’t accept Ms Ambika as a ‘fearless’ Sri Lankan.  My mother came to court and used her power as an aged lady to ask the Registrar to give an early date. This did not happen but I felt supported by my mother]

Indigenous groups and mainstream lawmakers are two poles of the one nation. After my above mentioned experience, I felt indigenous and therefore the permanent Opposition to the officially recognized government, in terms of community issues. This is healthy in Democracy. My Opposition is expressed through my written communications. They work, even if no one in Government reads them. In belief, I am the government and I am the People.

The wonderful manifestation of this in Sri Lanka happened through Mr Ranil Wickremesinghe,  who became Prime Minister and then President of Sri Lanka. His community of Belief is the Colombo Community. Mr Wickremesinghe who entered Parliament through the National list after he  was rejected by the voters, became the First Nation representative – in Parliament, This  ancestral power  which is stronger than  the lateral power Democracy, abused by majority in official Parliament, has taken over Governance of the Common Nation neglected by Separatists.

The National list is explained as follows by Wikipedia:

[Following the establishment of the Senate and the House of Representatives in Ceylon under the Soulbury Commission, the House of Representatives had six members appointed by the Governor-General, on the advice of the Prime Minister to represent important interests which were not represented or inadequately represented in the House, they were usually from the European and Burgher communities and on occasions from the Indian Tamils and Muslim (Moors or Malays) groups. On a few occasions caste groups from within the Sinhalese and Tamils also obtained representation in Parliament as appointed members. In the Senate, 15 members were elected by the lower chamber, the House of Representatives and the other 15 members were appointed by the Governor-General on advice of the Prime Minister and generally consisted of distinguished individuals. The senators were known as "Elected Senators" and "Appointed Senators" respectively. The Senate was abolished in 1971. During the 2022 Sri Lankan political crisis, national list MP Ranil Wickremesinghe was appointed Prime Minister by President Gotabaya Rajapaksa and weeks later succeeded Rajapaksa as President of Sri Lanka, after Rajapaksa fled the country and resigned.]

 

When the Galle Face protestors expressed Opposition to the Parliament, Mr Wikremesinghe’s  Party – the UNP which formed the first government in Sri Lanka after British Rule, awoke Itself. Now with Sinhala Nationalism and Tamil Nationalism driving the country at the two ends– Mr Wickremesinghe has become the minority of One – representing Sri Lanka the forgotten Nation. The protestors came to the place which is the centre of Sri Lanka – the common nation. It is Ranil’s Uluru. That force would naturally Oppose the separatists and do so exponentially.  Belief works exponentially to uphold justice for the believer. This is true even when we do not express it.

Saturday, 30 July 2022

 

30 July 2022

Gajalakshmi Paramasivam

 

ABUSE OF COURT PROCESS BY

FORMER COMMISSIONER  - HRCSL

According to the Visuddhimagga one’s journey through Samsara, an indefinitely repetitive cycle of births due to one’s Karma , once the miseries caused by Karma are expiate, one attains Nirvana. Buddhaghosa Thero , the author of Visuddhimagga is stated to have recognized the validity of the Hindu concept of extinguishing one’s Karma by reincarnation’ – Sri Lankan Tamil elder

Wikipedia presents Visuddhimagga as follows:

The Visuddhimagga (Pali; English: The Path of Purification), is the 'great treatise' on Buddhist practice and Theravāda Abhidhamma written by Buddhaghosa approximately in the 5th Century in Sri Lanka. It is a manual condensing and systematizing the 5th century understanding and interpretation of the Buddhist path as maintained by the elders of the Mahavihara Monastery in Anuradhapura, Sri Lanka.

My response to the Tamil elder was:

‘As per my discovery, one who has  attained Nirvana, reincarnates. To the extent, we have Net Punniyam/Virtue in an issue, we reincarnate in that issue at another place and/or another time. Hence the high level of wisdom demonstrated  by that person. This spreads exponentially because it is a sovereign power. Reincarnation cannot happen without closure of the previous matter. Many Tamil leaders lack wisdom in equal opportunity, due to keeping the issue open. When victims bring about ‘closure’ and leaders continue to keep the matter ‘open’ the risk of neglect is high. When an issue is ‘neglected’ or is done for current benefits – it becomes negative Energy/sin – which also spreads exponentially, like the covid pandemic.’

To my mind the following confirms lack of positive Energy in Sri Lanka Human Rights Commission (SLHRC) former member Ambika Satkunanathan

[Sri Lanka Human Rights Commission (SLHRC) former member Ambika Satkunanathan has filed a fundamental rights petition challenging the declaration of the state of emergency by President Ranil Wickremesinghe and the emergency regulations. …. Accordingly, the petitioner has requested the country to declare her fundamental rights guaranteed under Article 12(1) of the Constitution have been infringed by the respondents] https://www.ft.lk/news/Former-HRCSL-member-files-FR-against-emergency/56-738105

 

Article 12(1) provides as follows:

‘12. (1) All persons are equal before the law and are entitled to the equal protection of the law.’

To me it is not clear how the Emergency Regulations would affect the right to be Equal before the law.

Interestingly the next article provides as follows:

‘12. (2) No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of such grounds

Article 9 of the Sri Lankan Constitution requires as follows:

‘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).’
 

To me, ‘foremost’ is relative and is therefore discriminatory. Merit based discrimination is positive. According to the above article 9, Buddhism ranks above other religions. To qualify as a fundamental right, the law must not be relative but Absolute, to preserve the Sovereignty of the whole of Sri Lanka and that of every Sri Lankan. Article 9 fails that test.

I am not aware of any action taken by the HRCSL to have this article repealed. Had Ms Satkunanathan carried  wisdom from such an exercise, from  her experience at HRCSL, that would support her petition exponentially. Without this, the Petition would fail miserably in a Just Court. It is also ab abuse of Court Resources at a time, Sri Lanka is crying, due to unlawfulness of Her citizens. The risk is confirmed by me as follows:

‘When an issue is ‘neglected’ or is done for current benefits – it becomes negative Energy/sin – which also spreads exponentially, like the covid pandemic.’

Friday, 29 July 2022

 

29 July 2022

Gajalakshmi Paramasivam

 

GOTA GOIGAMA WAS SENT HOME

Various reasons have been published for the economic collapse in Sri Lanka. To the extent they are belief based, they would all be right. That belief needs to be in Sri Lanka as well as in the measure being used. Intellectual analyses by global experts rank after such expressions of belief, as do the reasons provided by those who stand to profit from the exercise. In democracy, believers rank foremost. True elders tend to speak through their belief

A Sri Lankan community elder wrote ‘The country got messed up because the minorities had been discriminated against

 

I responded as follows:

 

‘I am not able to make a connection between racial discrimination and economic wellbeing in Sri Lanka. Tamils wo accepted ‘junior’ status – be it under the British or Sinhalese were economically better off than Tamils who never left their ancestral homes. The latter would not have known the difference in relative terms and v.v. Those in multicultural areas had to learn the ways of majority culture to live and develop their ‘homes’ – just as we are doing as migrants in Western nations.  But the ‘productivity’ of those living in ancestral homelands is greater in areas such as farmingnative to that place. They are empowered by their ancestors. In contrast, those in multicultural areas need to learn lateral skills towards going global. IT skill is an example of this. English of current style is useful in this regard.

Had minorities accepted ‘Sinhala’ as a working language and Buddhism as working religion’ we would have been politically stable and this would have attracted foreign investments and the capital that comes with it.

 

But there comes a point when the belief based ‘internal’ pictures become more important to us that the economy based external picture through which we are ‘seen’ by others. Young rebels tend to ‘show’ this to get credits and hence the insurrections by armed youth.

 

To the extent they sacrificed what was theirs, they get the maturity and have positive value of mental satisfaction. But majority in the rebel groups are often from disenfranchised sections of the community and they are in it for better economic life. Hence the longer the rebellion lasts – the better it is for them. Hence the JVP involvement in the current protests.’

 

Thinking further about it, I recalled how the then president Gotabaya Rajapaksa, passionately stated around December last year, that he was Goigama. Goigama is presented by Wikipedia as follows:

 

[Goigama  is a Sinhalese caste found in Sri Lanka. They form approximately half of the Sinhalese population and are traditionally involved in agriculture. The term Goigama became popular during the last period of the Sinhalese Kingdom of Kandy. Its members have dominated and influenced national politics and Sinhalese Buddhism.]

With about 75% of Sri Lankan population being Sinhalese, the withdrawal of fertilizer subsidy, would have had a strong impact on the Goigama group

On 24 November 2021, Reuters reported as follows:

[Sri Lanka rowed back on its goal to become the first country to fully adopt organic farming on Wednesday by removing the ban on the use and importation of chemical fertilisers after months of mass protests by farmers and a surge in food price inflation.

The government had completely banned chemical fertilisers when it unveiled a new agricultural policy in April.

Explaining the U-turn at a cabinet briefing, Agriculture Minister Mahindananda Aluthgamage said only the private sector would be allowed to resume imports, which would be expensive as a subsidy for chemical fertilisers would not be reinstated.

"As a country that is sensitive to the people, because farmers have asked us to do this, cabinet decided to voluntarily rescind the gazette notification banning imports," he added.

The ban on all chemical fertiliser, pesticides, weedicides and fungicides was implemented on April 26, prompting thousands of farmers to protest and demand the government adopt a hybrid policy to allow organic and chemical fertiliser.] https://www.reuters.com/markets/commodities/sri-lanka-rows-back-organic-farming-goal-removes-ban-chemical-fertilisers-2021-11-24/

This is directly related to caste. In its article headed ‘Caste and Sri Lankan politics’ the telegraphindia.com reported as follows:

[The Sinhalese caste system is best described as an upside down triangle where ‘the higher in the hierarchy, the greater the numbers’ and ‘the lower in the hierarchy, the lesser the numbers’. Therefore, the introduction of democracy — a system in which numbers matter — did not directly contribute to the emancipatory aspirations of lower caste groups in Sri Lanka. Despite the increase of parliamentary seats by more than two-folds and the transformation of the electoral system from a simple majority system to one based on proportional representation with preferential voting that favours numerically smaller groups, the Goigama caste that is considered to be ‘superior’ and dominates in numerical terms has continued to receive greater representation in the national legislature. The 2020 election result bears witness to the persistent salience of caste in Sri Lankan electoral politics as well as its ability to survive under different political ideologies — conservative, liberal, nationalist or even technocratic.] https://www.telegraphindia.com/opinion/caste-and-sri-lankan-politics/cid/1794129

Be it Tamils or Sinhalese, Caste hierarchy was originally based on type of work done. Farmers ranked highest in both communities. Interestingly, both JVP as well as LTTE belonged to the next highest – the warrior-caste – Karayar in Tamil and Karawa in Sinhalese. Wikipedia presents as follows:

[The Karaiyars emerged in the 1980s as strong representatives of Sri Lankan Tamil nationalism. The nuclear leadership of the Liberation Tigers of Tamil Eelam have background in the wealthier enterprising section of the Karaiyars]

The community elder mentioned above, had this to say about the separation within LTTE:

[Even the LTTE that began the movement as a caste less, class less entity , finally broke up because of the antipathy between the Batticaloa Tamils & the Jaffna Tamils; Karuna trotted this out as the main reason for his leaving the movement which was dominated by the North - Jaffna boys - according to him]

These are ancestral values of internal classes within a community. The Fertilizer subsidy would have been like settlement of ‘Pithur/Pithru kadan’/ancestral debt.  Its withdrawal for current benefits was ‘disturbance to heritage.’ Hence the pandemic type of collapse.

Its parallel to a warrior caste leader would be withdrawal of subsidy to produce Arms.  

JVP within the Protestors would want to react to government forces – so they would have the opportunity fight.  By work, Mr Gotabaya Rajapaksa became a Karawa leader in a country where caste grouping  is still active. Removing the fertilizer subsidy to farmers is the parallel of removing arms subsidy to the Defence forces. Effectively, Mr Gotabaya Rajapaksa did just that when he failed to deploy the armed forces when some protestors got violent in May.

Vast majority of Sri Lankans continue to practice the caste system consciously or subconsciously. Hence political leaders need to be without ancestral debts to manage during their terms of leadership.

The Protestors sent the President home – Go Gama, - because he was Goigama. They fooled the world – probably not knowing they were doing so.

 

 

 

Thursday, 28 July 2022

 

28 July 2022

Gajalakshmi Paramasivam

 

PAULINE HANSON AND SRI LANKAN PROTESTORS

I begin with an excerpt from the Chapter on ‘Sovereignty’ in my book:

The Australian government continues to actively promoting its ‘sovereign-border policy ’ in Sri Lanka. It is a continuing challenge not only for the government but also for us ordinary Australians. Why is it important for me to maintain my Sovereignty? Truth, I believe is Sovereign. Only a Sovereign body has the moral authority to make its own laws. The laws I make for myself would lead me to live in peace, through a balanced mind. As per my Sovereignty, my conscience is my judge.

Where I do not make laws for myself, my actions become my ‘external laws’. These are the measures applicable in determining ‘rights and wrongs’ in my home environments. These include my workplaces.

Then there is also the inner law – through which I live with myself. The net value of this in any relationship comes with me as the investment capital of the next stage in that relationship or in another similar relationship. This is the soul value, the truth of my investment in the relationship.

In my Hindu culture, they say that we take with us into our next birth only the Paavam & Punniyam / Sins and Virtues. I feel that this is the soul-value of our life in this birth. Instead of ‘birth’ I find it easier to use relationships or completed stages of a particular relationship.

When someone  believes in me as their senior,  I become their conscience and therefore their natural judge. In turn they become my medium to manifest outcomes that would support many at within our circle of faith / common culture. Similarly, when I believe in someone, that someone becomes my conscience and my judge and I become their medium for manifestations. Together we become a Sovereign unit with  the value of the whole being greater than the sum of us as individuals. The higher value is due to that belief which spreads the value of the senior exponentially as if each one is the senior of the group.

In terms of Democracy, when I vote for a leader, I confirm that sovereignty.  The visible numbers which in democracy lead to formation of government by the group that polled the highest number of votes is not always based on belief. But the person who believes in the whole would naturally fill the gap so that the whole is exponentially powered as if each member had the same power as the believing member. This system is reliable due to the Absolute Power of belief. It becomes necessary when the top-down Administration becomes weak and/or corrupt. ]

Lay Protestors who ousted lawfully  elected Sri Lankan President, needed the Absolute power of their truth to do so as per Dharma. This would have been confirmed by non-violence in their group. Gandhi shared his belief in non-violent Protest,  by sacrificing everything he had, into the common cause. When some protestors in his group reacted, Gandhi fasted. Thus his mind power spread naturally to those who knew about hunger.

The Sri Lankan Protest group failed to control the violence, due to lack of truth and therefore soul-power.

I protest often these days in my home-environments. The results happen much later or through other avenues. But they happen for sure. In 1998, during Nallur Festival,  I was protesting against the Executive power of Central Administrators of the University of NSW (UNSW) due to them blocking the pathway to Democratic Management. Then on Monday, 10 August 1998,  Australian Broadcasting Corporation - ABC telecasted  through its 4 Corners Program an interview with Ms Pauline Hanson, who said migrants who could not assimilate -ought to ‘go home’ – very like ‘Gota Go Home’protestors. The very next day, I tendered my resignation  from my position at the UNSW. Many other Australians of Sri Lankan origin would have watched the program. But to the extent they were satisfied with their life here in Australia their protests, if any, would have been mild. With that resignation, began my quiet opposition to racism and unjust subjective discrimination. I identified myself more and more with Indigenous Australians and began taking legal action against those who denied me – merit based rewards – including status. I wrote my experiences as Naan Australian/ I am Australian – which found its way to  the National Library of Australia. That is how exponential power of truth works.

Yesterday I heard again on the news that Pauline Hanson, had walked out when the Senate was paying its respects to Indigenous Australians. As per the news – no one seemed to ‘miss’ her. I felt satisfied that Pauline Hanson had been made very much an outsider in today’s Australia and that my true contribution had also contributed to this.

Whenever we express our belief, we invoke exponential powers of ownership – even if no one values our work expressly. Now I know that I sacrificed my paid work opportunity back then, but instead service opportunities come to me. Recently when I prepared a Cost Benefit Analysis for a school project here in NSW, I was amazed that I was still good at it. That is the way with Service. The value of my work for UNSW, was made eternal due to my sacrifice on behalf of all migrants.

 

 

Tuesday, 26 July 2022

 

26 July 2022

Gajalakshmi Paramasivam


DID TAMIL MPS TAKE BRIBE TO VOTE FOR UNP?

The right to protest peacefully is essential in Democracy. The most structured form of that is the Opposition in Parliament. If the Opposition in Sri Lankan Parliament is weak, then rebellions begin.

One of the Natural & continuous Oppositions in Sri Lankan Parliament is the Tamil group – led currently by Tamil National Alliance. The natural power of Tamil Opposition was confirmed in 1977, when the ruling Party SLFP – led by Mrs Sirimavo Bandaranaike was voted out of government. Following confirms that the current economic crisis is not new to Sri Lanka:

[Reported the New York Times on May 13, 1974:

“At dawn hundreds of people wait in bread lines. Elderly men and women pick through garbage. Thieves harvest vegetables and rice in the countryside. Although the earth is bountiful in Sri Lanka, which was formerly Ceylon, the nation of 13 million has a critical food shortage. Moreover, it is going broke, jolted by inflation, torn by internal dissension and plainly alarmed about the future. Prime Minister Sirimavo Bandaranaike, a tough politician and a Socialist, said recently that the economic crisis had “almost squeezed the breath out of us—we are literally fighting to survive.” Mrs. Bandaranaike, who is the target of bitter attack, repeatedly pronounces a single, stark slogan for her nation: “Produce or perish.”” - https://roar.media/english/life/reports/life-under-sirimavo]

 

The fall of Rajapaksas of the same party, renamed SLPP, was also preceded by Economic hardship. But in 1977, Tamil insurgents were yet to infiltrate political governance of Tamils. This is not the case now.

 

[On Tuesday, 19 July late afternoon, the Tamil National Alliance parliamentary group met at the residence of Mr R Sampanthan. Arguments for and against each of the three candidates were discussed with Mr R Sampanthan and Mr M A Sumanthiran favouring the Dullas Allahapperuma/ Sajit Premadasa combination. Amongst various points, the Indian preference was also considered.

India obviously isn’t very keen on Ranil Wickramasinghe being the Prime Minster or President.

So far, there has not been any official acknowledgement from Delhi on the election or the selection of Ranil Wickramasinghe as President by the members of parliament. As always an Indian High Commission tweet acknowledged the recent events but yet again clearly stated that India will be supportive of the people of Sri Lanka.

By 10pm the TNA members of parliament (10 members) unanimously decided to back and vote in favour of Mr Allahapperuma’s candidacy.] TNA: Cash Deal with UNP – Page 2 – Sooddram

During the 2018 Constitutional crisis of Sri Lanka, TNA fought to restore Mr Ranil Wickremesinghe as Prime Minister. Then they were part of the Causal Force of the structured constitution – which is the ancestral force of Sri Lankan Parliament. Back then they became the avenue through which Tamils could relate to the lawful process.

If that changed over the four years – then that action is confirmed to be without belief. If it is true that they received cash, they are traitors in the parliamentary system.

In addition there is another indictor about Judge Elancheliyan at JVP news site:

கொடுத்த வாக்கை மறவாத நீதிபதி இளஞ்செழியன்; நெகிழவைத்த தருணம் - ஜே.வி.பி நியூஸ் (jvpnews.com)

Internal intelligence of educated Tamils, on the above, is indicated through the following:

[There had been a strong rumour at that time that the plot to murder the judge was hatched in Colombo: the orders came from the top as the judge had been known to be a fiercely independent in his determinations; a pimp by the name of Switz Kumar had Been a ‘broker who had been involved in nefarious activities of kidnapping girls; soon after the killing of the young girl residing in Pungudutivu and the assassination of the policeman, Swiss Kumar obtained the assistance of Ms. Vijayakala Maheswaran ( an UNP MP from Jaffna - a toady of Ranil , to whom Ranil had given an innocuous “junior” ministry ). This Ms. Maheswaran is the wife of late ‘Mann Ennai Maheswaran’ an UNP M.P. in the 2005 - 2010 parliament . Maheswaran had been murdered at the entrance of Pommambala vaneswarar Temple by Douglas Devananda’s hatchet men. When the House opened after the killing , the TNA members brought in a large caricature in which. Douglas had been depicted as crouching &  walking between Mahinda’s legs with a rifle in his - Douglas’ arms; It had been said that Mahinda had been very annoyed with Douglas, because Douglas had got the killing done so brazenly: even though Mahinda had been no Saint , many Sinhalese MPs of the SLFP were the butt end of ridicule from their constituents. They felt that Mahinda had not only given Douglas a cabinet portfolio but had given him too much room for him to assassinate a popular MP within the precincts of a well known temple . Maheswaran had been a popular MP in the House. Further several Buddhist Sinhalese have worshipping at this temple for a  long time and they were outraged .]

My own experience with Judge Elancheliyan, through TESTAMENTARY MATTER T55/2011;  which was escalated to Civil Appellate High Court of Jaffna, APPEAL/74/2016; LA 33/2015 during the above period, is that the judge is effects-driven and gets distracted by sensationalism. The above mentioned atempt to murder Judge Elancheliyan happened when Miss Vithiya Sivaloganathans rape and murder case was being heard in Jaffna High Court. Judge Elancheliyan was one of the three judges.

 

The importance rendered to our matter was largely at procedural level – even though we had filed our appeal two months prior to the murder of Miss Vithiya Sivaloganathan, the judgement in our Testamentary matter was delivered about 6 months after that of the judgment in the above murder trial. It failed to uphold the basic principles of the law of Thesawalamai – native to Jaffna Tamils. Both cases were death related. How does the death of a school girl rank higher in importance than the death of an educated man who fell inside a well and died – 5  years prior?

 

All ancestral laws protect the community that uses them with belief. The lack of belief in Native law of Thesawalamai is all over the judgment in the Testamentary case, confirming lack of respect of Tamil ancestry in Northern Sri Lanka. In addition, the judge was strongly influenced by Colombo lawyers who appeared for our opposition. Below is a conversation with a medical professional (MP) in this regard:

 

MP:  in relation to https://youtu.be/Qe0l80lTaIo . This man suffers from delusional disorder. Delusional elaboration of understandable facts

They are usually well integrated and logical and difficult not to be believed,until at some point they break down.

Psychiatric field is full of this type of cases, They often fool the judicial system with their fabrications

What is significant is his demeaner and profile.

Gaja: - the lay litigant: This is because the judges use laws that the lay person does not identify with. This means there is lack of cognitive power. Hence they bring some hearsay information, previously registered in their surface memory. They are often driven by the desire to win. It is a kind of plagiarism. Academics without research or respect for researchers, suffer from this kind of delusion. In turn they invoke in the litigant, imaginary facts that are already registered but not from the matter before the court. Powerful lawyers use this all the time to influence judges whose wisdom in law is weak.

 

Whether it is the Parliament of the Judiciary, effects based approach often leads to injustice. One who sacrifices earned benefits, develops soul-power which never fails the believer.

Monday, 25 July 2022

 

25 July 2022

Gajalakshmi Paramasivam

NO JURISDICTION FOR OUTSIDERS TO PUNISH MR GOTABAYA RAJAPAKSA

Strange are the ways of Natural Justice. One of its names is Karma. Those who believe in the system of Karma, will identify with its role in the recent manifestations of Sri Lankan governance. From time to time, when I experienced exceptional difficulties, I would ask my god within ‘why me’. Now I know that they were actually Opportunities that expanded my ‘home-circle’.

Paavam or Punniyam / Sin or Virtue, they lead us. When that happens, humans no longer have direct control of the matter.  Hence the saying ‘Man proposes, god disposes’ – which to my mind means ‘man makes fact; god disposes the body of fact to expose the truth in the fact to the believer.

As per report headed ‘Rights group seeks arrest of ex-Sri Lanka president in Singapore’ at https://www.aljazeera.com/news/2022/7/24/rights-group-seeks-arrest-of-former-sri-lanka-president :

[A rights group documenting alleged abuses in Sri Lanka has filed a criminal complaint with Singapore’s attorney general, seeking the arrest of former President Gotabaya Rajapaksa for his role in the island nation’s decades-long civil war.

In its 63-page complaint filed on Saturday, the International Truth and Justice Project (ITJP) said Rajapaksa committed grave breaches of the Geneva Conventions during the last days of a 25-year-long civil war when he was the country’s chief defence official.]

 

The ITJP’s Executive team includes Ms Yasmin Sooka, about whom Wikipedia has published as follows:

[She was member of the South African Truth and Reconciliation Commission and of the Sierra Leone Truth and Reconciliation Commission, a member of the United Nations Report of the Secretary-General's Panel of Experts on Accountability in Sri Lanka to investigate war crimes in the final stages of the Sri Lankan Civil War, and currently serves as the Chair of the United Nations Commission on Human Rights in South Sudan]

In terms of Sri Lanka, the ‘intelligence’ gained was on the basis that Ms Sooka was part of the UN structure. It is immoral for anyone to use it outside that structure. In addition, given that Ms Sooka is African – she has no jurisdiction in relation to how Sri Lankans interpreted ‘what happened’. Sri Lankans are neither Tamil Nationalists nor Sinhala Nationalists.

UN has the jurisdiction over Sri Lanka as a Common entity. This requires the UN to ensure that its published facts do not favour one side against the other. War atrocities were committed by the LTTE. Within Sri Lanka, the Government’s side was directly led by General Sarath Fonseka. Administratively, Mr Gotabaya Rajapaksa came under the management of the then President Mahinda Rajapaksa. How can this middle man be held solely responsible for war-crimes? Was it because he was American at that time? Is the current action due to him being ex-president?

The question arises whether the individual could be separated from the institution and punished separately by outsiders. As per Natural Justice, an individual who has truly suffered due to the actions of another from within the same group has the jurisdiction to punish to prevent future such actions, where no other avenue is available through an institutional structure common to both. Such action needs to be strictly limited to the pain experienced by the victim and no more.

The Armed forces of Sri Lanka were deployed to eliminate the LTTE. If the LTTE had not by this time, killed Tamil Political leaders, one could genuinely believe that they represented the Tamil community. They represented their own clan, separated on caste basis. Hence in the Court of Natural Justice, they exceeded their jurisdiction when they punished those who were not juniors within the clan. Yet the ITJP seems to have left the LTTE out of the Equation. This has resulted in grave injustice to law-abiding Tamils who seek to be Sri Lankans or are already Sri Lankans.

I am a Tamil Sri Lankan, with relatives in Singapore. Many of them are of the same religious faith as I. This morning, I shared as follows about Mr Gotsbaya Rajapaksa, with a group of Sri Lankan qualified Medical Professionals (MP):

 

MP (Tamil): Hi Gaja, it is relevant you recall the Holocaust of 1983 on innocent tamils not only in Colombo but all over SL. But you have missed 56, 58, 77 that finally culminated in 83 that was created by JR, Mathew, Lalith and Gamini with the support of armed forces and buddhist clergy.

Gaja: You confirm that 83 was the common outcome of unregulated civil unrest. To talk about others confirms ‘separatism’ / divide and rule.

 

MP (Tamil): I know plenty of Sinhlala people were ashamed and emotionally destroyed by what happened.

Gaja: If you had shared that like Pearl did, I would have picked it up. There is a huge difference between ‘private intelligence’ and ‘Public intelligence’. The source of Freedom to publish is the courage that comes from knowing that you and the Public are One – in your mind. This is commonly known as ownership.

MP (Tamil): One of my  Sinhala friends told me that SL is not a country to bring up children and sent both his son and daughter abroad.

Gaja: You mean they profited from the pain of Tamils?

 

MP (Tamil): But sadly Sinhala people did not learn from that and thus we had  continuous disasters.

 

Gaja:Those who took advantage would not learn. To learn, one has to have the common experience – as if the Tamil pain was Sinhala pain. As you yourself stated – they took advantage. The basis of Commonness is self-sacrifice.

This was followed by another, based on the following information:

‘SLPP lawmaker Prof. Channa Jayasumnana yesterday (20) said that several dozens of those who assured and reassured their support to presidential candidate Dullas Alahapperuma had switched their allegiance to UNP leader Ranil Wickremesinghe at the last moment…..’at https://island.lk/last-minute-desertions-undermined-dullas-camp-prof-jayasumana/

MP (Tamil): If this utterly racist guy wants justice and fair play from fellow crooks then that shows how stupid he is. He himself got into parliament for doing a racist campaign in favour of Gota and Gota rewarded him with a portfolio. He is mainly behind damaging Dr Shaffie. Now this fellow is talking about honesty. This guy still does not know how money works in the SL parliament. 

Gaja: When GR rewarded Prof. Jayasumnana, that was a on quid pro quo basis. That was the culture of the Rajapaksas and hence SLPP. It is the parallel of Australian politicians using refugee claimants like Nadesalingams  as political pawns.

When the protestors demanded his resignation, and Mahinda stepped down GR became an individual driven by his conscience. I learnt about this side of GR in 2009 in Vavuniya where the caretaker at Sri Sathya Sai Baba Centre informed that GR had prayed at  the centre before going to the camps. I myself went to Sri Lanka ahead of my schedule due to my brother in law who was at Yoga Swami  Home for Aged – ended up in Pampaimadu camp and passed away on 04 May. That was when Professor Sathananthan  urged me to go to the camps. When our nephew – the son of the said brother in law rang me, I felt he needed me and I left that very day. After the funeral in Colombo, I began working on the approval of the Health Ministry to go to the camps. As part of the preparation, I went to Sai Baba Centre at Barnes Place. I was then confused about who was right. Then the thought of 13 soldiers came to mind and at that moment, a flower from Sai Baba Swami’s photo fell.  I took that as indicator from within that to me as Sri Lankan, the soldiers were right. This meant GR was right at that time in that role as Sri Lankan. To a Tamil Nationalist – the indicators would have been to oppose the Army and such a person would have done so with respect. I was Sri Lankan and hence my indicators were to protect Sri Lankans. Later I shared this with Professor Sathananthan’s group which included Shenali Waduge. Shenali then expressed appreciation that I had the courage to share my truth.

I interpret GR through that truth as Sri Lankan. I therefore recognize that he handed over the responsibility of saving Sri Lanka to Ranil – the person who best fitted the position. That made amends for his failure to punish soldiers who acted immorally during the 2009 war. Now GR is a true Sri Lankan as an individual.