13^TH AMENDMENT DIES WHEN EXECUTIVE PRESIDENCY DIES

15 July 2022

Gajalakshmi Paramasivam

 

13^TH AMENDMENT DIES WHEN EXECUTIVE PRESIDENCY DIES

The clever President released his resignation letter  only after reaching Singapore where in Arjuna Mahendran’s case, Singapore has effectively taken the position that it has no jurisdiction. ABC at https://www.9news.com.au/world/sri-lanka-updates-sri-lankan-president-gotabaya-rajapaksa-resigns-by-email-after-fleeing-to-singapore/ca51efa2-894a-4195-b01a-9db6d45804c9  reports:

[Sri Lankan President Gotabaya Rajapaksa has tendered his resignation in a letter sent by email to parliamentary speaker Mahinda Yapa Abeywardenena, according to an announcement from the speaker's office.

Rajapaksa landed in Singapore on a flight from Maldives on Thursday after fleeing his country in the wake of anti-government protests.

According to a high-ranking government source the letter was emailed after ​Rajapaksa arrived in Singapore​. The source spoke on the condition of anonymity to provide details that have not been shared publicly by officials.]

The reason for this delayed communication was revealed yesterday by Mr Sumanthiran during the discussion headed by ‘the Print's Senior Consulting Editor Jyoti Malhotra’  at https://www.youtube.com/watch?v=eSQX3j8LzAE

I was happy to learn that Singapore did not get carried away with the disorder in Sri Lanka in the name of protests. To my mind, Mr Sumanthiran had intuitive intelligence due to upholding the 13^th Amendment, which happened due to India’s ongoing power over Sri Lankan mind. This in turn causes panic in the minds of those who desire to rule over minorities. Ms Bavani Fonseka referred to  such a mind by claiming that Sri Lankan society was polarized and that the majority were suspicious of minorities. It is that ‘suspicion’ that created the need for the Executive Presidency – so that Equal Opportunity laws of global value, could be actively practised. Had they been practiced the Sri Lankan economy would not have collapsed.

Article 14 in the Fundamental Rights chapter of the Constitution of Sri Lanka, provides as follows:

14. (1) Every citizen is entitled to –

(b) the freedom of peaceful assembly;

This is the constitutional provision that the President has not acted in breach of – in relation to the ‘protestors’ who assembled peacefully. That was a completion of the above article. But the moment the President left, the People invaded common property, confirming that without the Executive President, they would not respect fundamental rights recognised by the Constitution.

Ms Bawani Fonseka and Mr Sumanthiran acted in breach of article 14 (1) (f) which states:

 

14(1) Every citizen is entitled to –

(f) the freedom by himself or in association with others to enjoy and promote his own culture and to use his own language;

 In the interview, both Ms Bawani Fonseka and Mr Sumanthiran, ridiculed the particular culture of Astrology, which ridicule was effectively is in breach of article 14 (1) (f) which is an Equal Opportunity article. It is equal in status to article 14 (1) (b) which protected the rights of peaceful assembly.

 

Ms Fonseka confirmed the need for Executive Presidency, through her confirmation that majority culture was ‘deeply’ suspicious of minorities. This confirms the  need for  Subjective Executive powers, also known as Executive Presidency. The Indo-Sri Lanka Accord was opposed by a naval officer Wijemuni Vijitha Rohana de Silva, who is presented by Wikipedia as follows:

[Rohana was enraged by the Indian support for the Liberation Tigers of Tamil Eelam and its direct interference in Sri Lanka with Operation Poomalai and forcing the conclusion of the successful Vadamarachchi Operation before all its objectives were met. These were sentiments felt throughout the country and continues to this day.

The Guard of Honour was commanded by Lieutenant Mendis who invited the Indian Prime Minister to review the guard as per tradition. Rajiv Gandhi was escorted by Lieutenant Mendis along with Sri Lankan Finance Minister Ronnie de Mel, and Sri Lankan security personnel. Vijitha Rohana swung his ceremonial Lee–Enfield rifle at the Indian Prime Minister aiming at the back of his neck. Gandhi managed to duck and miss the full brunt of the blow, even though the rifle struck him. Rohana was quickly restrained by Lieutenant Mendis and the Chief Petty Officer of the detachment along with other security personnel and Sri Lankan police…

Wijemuni Vijitha Rohana de Silva is a former Sri Lankan navy sailor and an astrologer…. He later became an astrologer and claimed that President Maithripala Sirisena would die by 26 January 2017. This was seen as a part of a conspiracy to assassinate the president and he was arrested again]

 

Both Ms Bawani Fonseka and Mr Sumanthiran are lawyers and would be familiar with case laws. Case laws confirm the mind-structure of the ancestral judge and therefore the heritage value of the law concerned. It is like paying our respects to our traditional elders – which practice has been adapted by Australian government. Recently, I was happy to be part of that experience on a Qantas flight to Melbourne. It is one way of offsetting our racism karma.

Use of Astrology which has been part of our culture in the Sri Lanka, was also the right of way for Mr Rajapaksa. He did not openly practice it in Parliament, where the Common Law is the leading culture. No science – including the science of secular law, is valid without attributing  to the original mind/s. Hence the Tamil saying ‘Guru illa vithai paal’/ the skill without guru becomes waste.

It matters not, which form we give our belief, it would work for us – so long as we do not dilute it by mixing with other cultures. Hence the Doctrine of separation of powers between Judiciary and the Executive. The former has the duty to require proof, whilst the latter has the requirement to be driven by belief based indicators. Same law, different minds would result in diverse effects.

Ms Bawani Fonseka, who spoke for the lay protestors, confirmed lack of belief in this culture of Astrology. This seriously weakens her right to speak on their behalf. If the lady did not believe in Astrology, she has very weak connections to majority Sri Lankans, including Tamils. In terms of secular law – there would be only a few believers amongst the protestors. Hence the connection between the President and the protestors is far stronger than the connection between Ms Bawani Fonseka and them.

Astrology has helped the President as well as his brother – former PM Mr Mahinda Rajapaksa, who both actively used the Executive Presidency to silence their opposition, in the language of the opposition. Mr Jayawardene who introduced the Executive Presidency, on the other hand effectively allowed the citizens to sort out their own differences and this led to the Black July tragedy. If we shut the door of  the Executive Presidency, civil riots would come in by opening that very door, by force. This was confirmed by the ‘invaders’ who occupied the President’s home and the  PM’s home to entertain themselves. The indicators have come. If not contained, there would be bloodshed – including through LTTE supporters who are demanding their share of the ‘settlement’. Supporting the Executive Presidency is the only way I see to prevent bloodshed.

The 13th amendment was about devolution of power to the Provinces – all provinces and not just the North and East. The fear comes due to experience that the suppressed Tamil community is more intelligent than the pampered Sinhala community. Hence the standardization. By accepting separate University as compensation, Tamils also diluted their intelligence levels. JVP in south and LTTE in North actively promoted this weakening of intelligence.

Wherever the Diaspora rises in support of either side, based on current chaos – they would become less intelligent than the residents in Sri Lanka who feel ownership in their homeland – whatever that land may be called by others.