Tuesday 26 July 2022


26 July 2022

Gajalakshmi Paramasivam


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.

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