Gajalakshmi Paramasivam

17 September 2018

Refugee Assessment – Truth or Right Answer

Often most of us assume that Truth and the Right answer are one and the same. They are not. Through right answers we would reach the Truth only if the measure used is reliable and consistent. Our Truth resides within us and can be accessed by one who cares about us – as if we are part of them. This may NOT be an Australian official representing Australian Common Values. I was often marked wrong by Australian authorities who were strongly influenced – not by law but by their own supervisors. They may have been true to themselves but wrong by law. Being True to themselves means identifying with their own experienced Truth.

Recently, nine-year-old Queensland school girl, Miss  Harper Nielsen, was reported to have refused to stand up in school for the National Anthem of Australia. Relatively speaking I consciously recalled the words in Northern Sri Lanka on 26 January 2012, before going to Court for the first hearing in relation to the Intestate Estate of my brother in law Mr Subramaniam Yoganathan. On that day – the judge pulled up the lawyer representing our opposition for sending us the papers without Court’s order. The lawyer was driven by his own desires and those of his clients. That judge was senior and more conscious of the laws that we inherited from the British – but which in that form do not suit most of current Sri Lanka. I believe that my prayers to Australia – the Australia realised by me – worked through that judge – due to our common ancestry. Later a much younger judge of the war generation – demonstrated his heritage from the Tamil rebels who had their own sets of laws. That younger judge disrespected my lawful marriage through Australian law. Like in parental genes – the government that our parents are conscious of are also inherited by us. I identify with the criticism by some politicians that Miss Nielson confirmed rising Nationalism within our Indigenous Community – the Australian parallel of Tamil Community in Northern Sri Lanka. Like in Sri Lanka, it was ‘created’ by majority who exceeded their belief based boundaries of authority to ‘ rule’ over those whose ‘sense of sovereignty’ was ‘damaged’ by them. Hence my article headed ‘Did Sinhala Nationalism give birth to Tamil Nationalism?’ – dated 14 September at http://austms.blogspot.com/

We, as individuals, communities, nations – naturally develop structures as per our Truth. I learnt about the wonders of one of them just today about a sports club that was established by the LTTE (Liberation Tigers of Tamil Eelam) – using an Australian name. I am not a sports fan or patron but have genuinely invested in that community. A member of the Tamil Diaspora from that area  ‘stole’ my status by showing a culture in traditional arts and held a ceremony where the Chief Guest was the current Chief Minister of  Northern Province who continues to ‘show’ his judicial credit despite knowledge of the Doctrine of Separation of Powers between the Judiciary and the Executive. But Truth prevailed and the players came to me to help them in their current efforts. I thus got the status with the group to whom body sports is of great importance. The money rich Diaspora person ‘took’ mine and I got without any intervention on my part – the real status that the village has naturally developed of their own free will.

The recent article ‘How we decide if asylum seekers lie’ – came to me through a Diaspora network, carrying the same message of Truth. In that article, author Dr. Douglas McDonald-Norman confirms as follows:

[In the five years I worked in refugee law, some of the most common and complicated legal challenges I encountered were questions regarding the 'truthfulness' or 'credibility' of an asylum seeker's claims. Despite examining the same evidence, different decision-makers can draw different conclusions about whether an asylum seeker is telling the truth.]

In terms of immigration, unless the assessor is closely connected to the applicant’s culture – the right measure is global laws. UN’s Equal Opportunity laws are yet to be positive investment through which Australians could become global. Hence we need to use our own Truth and use it positively in favour of Australia known to us. In the case of the young child Miss Nielson, global laws are likely to  lead to the Truth that Indigenous Australians are entitled to sing their own community anthem. But that would not help those of us who came after White Australians – feel young and free. Those who though they were young and free back then – became our parents in immigration and are now old and struggling to reconcile with those whose sovereignty they damaged. The Truth was/is that they thought they were ‘free’. Whether they were or not is another question.

Refugees do not come to Australia seeking Truth. They come here to be ‘right’ for their families and communities – from a country that marked them wrong and/or they marked was wrong for them. An assessor  who is truly Australian – will recruit a migrant who would be ‘right’ for Australian in the eyes of the global community. One who is selfish and is attached to her/his particular community / nation formed by the community – is likely to recruit to please / impress her/his own local community. In other words – they recruit their natural heirs. Hence the test ought to be how deep the investment of the Assessor is in global laws and values. Beyond that one has to accept the decision of the Assessor and not look for rights and wrongs of the expressions by the applicants. Discretionary powers are high in such responsibilities. A refugee applicant may never speak but would be the right one if the Assessor who is truly Common Australian used her/his discretionary powers – to identify with identical genes in the applicant formed in another place.  The subjective power of such an Australian would be global because we are multicultural through a combination of our Truth and laws.

Dr Douglas McDonald-Norman states: ‘There's an old cliché in refugee law that ‘refugees don't come with a note from their dictator’. Asylum seekers don't carry indisputable evidence setting out precisely who they are, what has happened to them and why they fear harm. They will rarely have been the subject of press reports. Their personal experiences may not have been documented. And any witnesses to what they have lived through may be unwilling or unable to testify on their behalf.

Even information that is available, like information about the asylum seeker's country of origin, has its limits. Country information, or even information about the group, sect or party to which an asylum seeker belongs, will usually be in very general terms. It will not be sufficiently specific or detailed to confirm the experiences of any single individual. These challenges become even greater when an asylum seeker makes claims not just about what they have done, but about who they are and what they believe: their religion, their sexuality, their political beliefs.

When governments or the UNHCR carry out RSD, they hence make decisions with extraordinary consequences for the asylum seeker on the basis of very limited information about that person.’

If one is seeking to reinforce the investment made by Australian elders, in immigration system,  one does not need to know the Truth of the applicant. In fact, to the extent one USED global laws largely for status – the little investment one makes during one generation would be used to quickly offset the existing negative karma generated and left behind by those who wanted the best of both worlds – as most young ones seem to want when they think they are ‘free’. Unless we live within our own earnings – we are assured of our ‘genes’ taking over the outcomes delivered through us. This could be for better or for worse depending on the other players involved and the Energies they invoke. Those like Ms Hanson, living off her white-only genes would naturally invoke the indigenous-nationalism genes of those who owned on time basis.

The University of NSW through whom I was listed by NSW Police as Sri Lankan, despite my strong protests that I was Australian by law – carries strong negative karma / genes in relation to immigration. As a migrant from the Indian Subcontinent, I am likely to have subconsciously picked up the threatening genes from that part of the world, more quickly than White-Australians who continue to list me as Sri Lankan for official purposes also. Likewise, in the case of refugee applicants – their community members are more likely to pick up the Truth than outsiders. Successful processing is likely to improve our global status but not bring us the Natural connections that Belief / Truth brings us. Many refugee advocates are driven by ‘showing results’ to their current leaders and/or followers for the same reason that they want the ‘right’ ticks and not the Truth. The pathway to Truth often is blocked by such ‘rights’ through cleverness unsupported by belief.  One who forbears the pain of failures allocated by outsiders, to continue to be guided by her/his inner voice is the ultimate winner in her/his mind forever. One such refugee applicant returned to India when Australia deported him. THAT is a win-win situation for Australia and the applicant. Truth delivers through Consolidated power of all investors in that issue beyond time and place borders. These borders often come in the form of ‘rights’ allocated by non-believers. But one who transcends attachment to such local borders naturally accesses Universal Energies through which the power to work the local system for common purpose is also accessed.

Did Sinhala Nationalism give birth to Tamil Nationalism?

Gajalakshmi Paramasivam

14 September 2018

Did Sinhala Nationalism give birth to Tamil Nationalism?

The foot-massage lady here in Colombo said to me that many Jaffna Tamil ladies came there but most of them could not speak Sinhalese. The lady went on to state that it was all good before the war but now Tamils were claiming Nationalism. I said to her that they learnt it from Sinhalese who claimed Sinhala Nationalism – especially through Sinhala only language policy.

In his article ‘The Vijayakala Vortex: Standing Up For A Tamil Woman In Sri Lankan Politics’ - Dr. Chamindra Weerawardhana states ‘When writing about ethno-national politics in post-war Sri Lanka, this writer has constantly sought to highlight one point – that there is such a thing called Tamil nationalism. Tamil nationalism is a given, and whether some of us like it or not, it continues to exist and in some quarters thrive.’

To the extent Tamils realized self-governance through Tamil culture – Tamil Nationalism is right in that area for that group. But then rebels who ‘told’ Tamils what to do – separated themselves from such a group. Also as per the laws of Nature – one who claims nationalism through a section of the country called Sri Lanka, is NOT entitled to lead Sri Lankan Nationalism. It’s like Dual Citizenship. A dual citizen is not entitled to make policy contribution – the same way a Buddhist is not entitled to lead a Hindu in religious issues. There can be only one form to lead  the primary level voter/follower strongly led by ‘form’.

Sinhala Nationalism claim by elected politicians automatically generated the parallel opportunity for all those who classified themselves in different ‘form’. Those like myself who remained Sri Lankans rank highest in Sri Lankan issues. They would naturally be supported by all Sri Lankans who are NOT any other nationalists as per their own declarations of belief. Through Vaddukoddai Resolution 1976 – Tamils became the Equal Opposition to the Sinhala Nationalists in Sri Lankan Parliament. That was possible only due to the Sri Lankans amongst Tamils. This was misunderstood as ‘Separatism’ by rebels who relied on immediately visible wins for their contribution. An armed rebels within a Nationalistic  group is separates internally – to takeover power.

Dr. Chamindra Weerawardhana states ‘The fact that Tamil secessionism has no future in Sri Lanka is a geo-strategically proven reality. There is next to no inclination in international law to ‘separate’ and draw dividing lines in islands home to deeply divided socio-political backdrops. In the South Asian context, the national security concerns of the regional superpower, emerging Eastphalian forms of internationalism, the West’s alliance with India in facing up to rising China, the aversion to secessionism in the region at large are all reasons that should have enabled the LTTE to come to terms with the fact that their ‘separate state’ aspiration was thoroughly unrealistic. Their inability to understand this fact, or, to be precise, V. Pirapakaran’s inability to take stock of pressing strategic and geopolitical realities, and especially his unwillingness to take heed of the advice of a vice man, the late Dr Anton Balasingham [especially in the aftermath of the Oslo round of peace talks], were core reasons that led to his ultimate nemesis, along with his militant secessionist movement.]

The footnote to this article includes the following :

[ALWAYS STATE THE FACTS.  ]

The FACT is that the LTTE did successfully establish a separate ‘state’ made up of  Tamils who were disconnected from the Educational heritage that Jaffna Tamils before us and amongst us had developed. Only a true Jaffna Tamil can access such Energy at that place now or anytime in the future and that too for common good. I witnessed this yet again in Nallur especially during the more popular festivals when the devotees were self-regulated.  No, we did not need armed control. The Police – largely Sinhalese, were around monitoring the outer circles. Scouts and other local groups monitored the inner circles – ensuring that the religious rules particular to Nallur were not breached.

LTTE would continue to invoke its own powers in places like Vanni and Valvettithurai – where the rule of the jungle comes before the rule of Education and its reasoning. Tamils as a community did not claim secessionism. The increase in Tamils migrating to Colombo on their own free will confirms this. Hence it is NOT a FACT that Tamils claimed secession. The conclusion that ‘The fact that Tamil secessionism has no future in Sri Lanka is a geo-strategically proven reality’ is illogical not only because of the above ‘facts’ regarding migration and the strength of Tamils returning to Nallur from all over the Nation and beyond but also because a ‘fact’ should have happened. That fact is armed secessionism – not only in North and East by Tamil groups but also in South and West by Sinhalese groups. They have more in common with each other than with Sri Lankans or intellectually driven Nationalists.

Dr. Chamindra Weerawardhana states ‘As noted above, it is clear that Ms Maheswaran’s statement was politically motivated.  The reaction of the Government of Sri Lanka is perhaps what she expected. In other words, Colombo’s reaction puts Ms Maheswaran, who was not prominently present in the news until July 2018, in the spotlight. The indictment will now get tremendous publicity in Tamil nationalist media outlets and movements worldwide.’

THAT is also the heritage from the LTTE. Contrary to Mrs. Maheswaran’s claim – I felt quite safe in Jaffna – my hometown. I did not feel so in Thunaivi – a toddy-tapper community - after my cottage was attacked in revenge for reporting thieves and trespassers to the Police – after I felt that I could no longer improve their contribution to common order. The Chullipuram tragedy happened for the same reason – Separatism on caste basis. The father of little Regina who went away to work accepted hierarchical approach in which he was a junior. Not so his brother who remained isolated / separated – enjoying freedom within that community. There are many such leaders within the Thunaivi community who would not be ‘told’ by a senior. When pushed they would ‘tell’ an educated senior. My belief in Mother Kali took me out of that area before they established self-rule during the local-government elections in which a toddy-tapper by vocation is the elected leader. I had the early warning signs starting from January 2016. During this visit – the attitude of those close to that elected leader was separation from the educated. Unless such leadership takes advice from an educated person who has invested in that area – we subdivide – as equals – those who are led intellectually and those who are led by physical power. Like Dual citizenship both are invalid at the same time at that place. I am now limiting myself to guiding those who seek my advice in education.

The relevant FACT here is that little Regina was coming out of the jungle but was raped by someone within the jungle of toddy-tapper culture without strong heritage in marriage laws. I recently wrote to the Registrar of Mallakam District Court as follows:

‘Every  good marriage negates the  risk of rape in the area where such marriage is honored.’

To be part of Natural forces – such laws need to be practiced voluntarily of our own free will. During the last visit – the mother of a family whose elder daughter ran away with the younger daughter’s husband – abandoning her daughter of about five years old – asked me for a loan to supplement the housing grant they were getting from the government. I declined. The real reason was the mother’s support for both daughters as individuals and not as common children. Being sensitive to her lack of exposure – I stated that she had failed by not protecting me from the stoning – which happened from their side; and also that she and her family did not regularly participate in our temple activities on Sundays. I said that the processes  that I have put in place confirm my Energy and that this could be accessed by those who have invested similarly through the ways known to them. That is how cultures are naturally shared – be it in family or community. When it becomes ‘one way’ without even gratitude – it disrupts that community’s natural order. Hence the need for separation as Equals.

Mrs Maheswaran  sought to lead such group by ‘showing’ and ‘impressing’. Mrs Maheswaran was entitled to express her belief. But she was misleading Tamils and all Sri Lankans by being part of the UNP – which claims to be Sri Lankan – and not particular to any Nationalistic group. THAT was the dual citizenship problem. As per natural justice – not only Mrs Maheswaran but all those who have legs in two boats are guilty of the same offence. 

Gajalakshmi Paramasivam 

12 September 2018

Return Karma for the  Un-Sri Lankan President?

[President Maithripala Sirisena Monday went into a rage describing how the national carrier served him cashew nuts that were unsuitable for consumption, even by dogs.

Addressing farmers in Hambantota, the president said SriLankan airlines served him nuts while travelling from Kathmandu to Colombo via New Delhi but he simply could not eat the poor quality cashew.] Economy Next report ‘President Sirisena slams SriLankan in nut rage’

The above report if true, confirms that the current President of Sri Lanka is un-Sri Lankan. Sri Lankan Airlines being Sri Lankan owned, is an ‘internal’ organization of the Sri Lankan Government. It is very much part of the Global arm of Sri Lanka. Like our elders, I am part of the positive Karma that Energizes those who are currently  with Sri Lankan Airlines and who are doing more than their duty as per their positions. Such ‘beyond duty’ contributions become permanent Energy guarding that institution. Likewise, there are permanent negative Energies/ SINS  that are accumulated by neglecting one’s duties as per one’s position. To my mind, 9/11 happened due to such accumulated negative energies.

The  real position is determined by the benefits allocated and taken by the employee as per her/his cognizance. The apparent position is one that others who relate to that position  collectively recognize. That is the parallel of majority vote. The stated position may or may not coincide with either of these. It’s the gap between the stated position and the real that works the natural energies to support or alienate the current investor.

The President is stated to be investing in Sri Lankan Airlines through the Presidential Commission of Inquiry. Politicizing the current weaknesses in Sri Lankan Airlines – through the nut matter confirms robbing Sri Lanka’s Global arm to pay Sri Lanka’s local farmers. The parallel of this happened when the current incumbent in the President’s position was part of the Rajapaksa regime that demanded seats already allocated to business customers. Even though Mr Sirisena did not directly participate in that karma, by failing to internally question the then President – Mr Sirisena failed in his duty to the Sri Lankan Public – especially the global minded Sri Lankan. That karma was invoked through the nut matter.

Ignoring the workings of karma as per one’s Truth is in breach of Article 9 of the Sri Lankan Constitution. Every Buddhist has to consciously learn the workings of the system of karma if we are to be supported by positive Energies of  all those to whom Sri Lanka is ‘Home’. All of us who raised our contributions to positive Energy level would support current positive contributors and all those who contributed to negative Energies would remain as debilitating planets  ready to join the current negatives in that institution nation. This is why one must pay one’s respects to one’s elders who are no longer active in the family / institution / nation.

The Registrar

Mallakam District Court

Mallakam

Sri Lanka

09  September  2018

Dear Registrar,

Administration of the Intestate Estate of

Mr. Subramaniam Yoganathan of Vaddukoddai

Civil Appellate High Court Case – APPEAL/74/2016; LA 33/2015

D.C.Mallakam Case No. T/55/2011

I refer to my visit to your office on Friday, 07 September 2018, in relation to the above matter. The fact that  you were discussing that very matter with your staff – in relation to an additional account about which Mr. Yogendra, had successfully moved a motion meant that I was meant to attend and discuss matters with you. The Natural forces worked that way. To my mind, that is the way of Natural Justice. I myself did not plan but was directed by my inner voice to see you in person rather than talk to you over the phone. I confirm that I bow to that inner voice.

I confirm that I raised the issue of ‘Deductions’ and stated that since the Petitioners applied for NO Administration but only Certificates of Heirship, no deductions could be made from the Amounts that according to you are being collected by the Courts. I raised also the issue that the Court did not have the authority of law to ‘Administer’ due to its own ruling in the Civil Appellate High Court of Jaffna - that NO Administration was needed.

Sir, you mentioned that you were using the Mallakam Court Order to collect the monies – as per the motions moved successfully by Mr. Yogendra. You said that  we – the Objecting Respondents had ‘lost’ at both levels. The judges may have ruled to dismiss our objections. But in the process they Delivered order,  followed by judgment  to a different application to the one made originally  by the Petitioners. That sir, is confirmation that our Appeal was successfully executed If we had lost the Appeal – there ought to have been NO change to the original petition and the agreement by the Petitioners and other respondents that the wealth of the Deceased in the UK would be Administered as per UK law. There was no such commitment at the Mallakam District Court.

As urged by me on Friday, I ask that you go through the Petition carefully to confirm the ‘fact’ that the Petitioners sought NO Administration but only Certificates of Heirship. We objected and claimed that Administration was needed and we claimed that we would Administer. As you rightly kept highlighting we were apparently ‘dismissed’ by both courts. But in substance we confirmed the need for Administration for about 95% of the intestate estate. I confirm my belief that without our objection – the Court would have paid monies claimed as deductions – shown as due to themselves and their silent partners. Please note that the Petitioners did not state that we – the 5^th and 6^th Respondents should not be granted probate/administrative authority. They categorically claimed that the law did NOT require Administration because the assets in Sri Lanka were less than Rs 4,000,000. They were using your dependence on them to pretend that the Court did not need the  Authority of the Law to Administer the Estate. Effectively, you have taken our entitlement by demoting us and then taking over our position without the authority of the law.

The ‘dismissals’ by the courts did not mean that the Registrar of Court had the authority to ‘Administer’.  During my visit in May this year, when I asked the Registrar of the Civil Appellate High Court – Jaffna about getting that Certificate of Heirship – that Registrar said that our lawyer needed to file a motion for it. When I asked Mr Manivannan who represented us  to do so he said that Mr. Yogendra needed to file the judgment in Mallakam District Court and stated further that Mr Kanagasinghm who represented us in Mallakam District Court had to move the relevant motion in Mallakam District Court. I gave up and then my husband wrote to Mr Yogendra who spoke to my husband but did not say a word about the motions he had been putting through at Mallakam District Court.  But the Lord of Justice whom I bow to each time I am in open Court – revealed to me what has been going on without any word to us from the Mallakam District Court.  As active participants we were entitled to be updated by the Court about such moves. That to me is basic in balanced Administration.

During our discussion you stated that I was suspicious of  you. Reverse the roles and ask yourself  how you would have felt under the circumstances? Your expression confirmed that if I had done to you what you were doing – to us you would have been suspicious of me. That is the way of Truth. Since you did not know me – your conclusion was about yourself. Hence the Tamil saying ‘Than Vinai Thannai Chuddum. Ottappam Veettai Chudum’ (One’s own negative actions /words would return to sender; The hopper in the roof  [placed by the holy person ]will ignite the whole house).  The hopper placed by me is the decision by the Mallakam District Court after ridiculing and insulting me in open court. If my marriage was wrong for that family that decision – even with all its technical faults would not have harmed the Court house. But I am blessed with Kannaki power and I am returning the karma of the Courts to them. 

No I was NOT suspicious of you. I am disappointed with you for failing to do your duty as a legal Administrator. Your duty is determined by the Law. If you are to merely carry out orders of the Judge – then there is no need for a person with knowledge of law in that position. An ordinary clerk obedient to the seniors would do the job better – without any conflict between the roles.

Sir, you would be aware of the importance of the Doctrine of Separation of Powers between the Executive Government and the Judiciary, in a Democratic system. One of the main criticisms directed at the previous Government of Sri Lanka was their actions in breaching this doctrine in the case of former Chief Justice, Dr. Shirani Bandaranayake. It is my understanding that Court Administration is part of the Executive Government’s responsibility in a Democratic structure. It is my conclusion that by executing one or more  Court Orders without independent application of the law, on behalf of the Government you also have acted in breach of the Doctrine of Separation of Powers between the Executive and the Judiciary within the Mallakam District Court. Mr Yogendra has influenced such breach and Mr Manivannan has failed in his duty to complete his duty for the fees he received from us which is higher than the fee we paid Mr Harsha Fernando who represented us recently in our Colombo land matter.  In the case of Mr Manivannan, my conclusion is that his Political investment comes before his commitment to legal profession. Hence his return karma where his claim to political leadership in Jaffna – which is my home area through belief based investment – is now being challenged in Colombo Courts. That is how I read the way of Natural Justice to which all believers in the system contribute naturally. We disagree / object because we believe. Those who agree / consent largely for money outcomes are not believers.

On Friday, you and your staff urged me to bring my lawyer to discuss the matter. That was inappropriate and misleads the Public who have the right to discuss Legal Administration with the Registrar, without interference of legal professionals. Practice of the Doctrine of Separation of Powers would help Administrators become independent of the Judiciary.

You confirmed  serious dependence on the Judiciary when you stated that I needed to submit copy of my letter to Mr Yogendra, through a motion.  To my mind, it looks as if you made up your mind about the ‘outcomes’ that would please your seniors and then used the authority of your position to ‘rule’.  To my mind, your duty is to first construct your pathway as per the law – and deliver service as per that structure. We the litigants  are on the other hand entitled to present our Truth – as per our own conscience and where possible within the form outlined by the relevant laws – in this instance the Civil Procedure Code for Administration and Thesawalamai for Succession . If you foreshadow outcomes prematurely – you fail to include our Truth and the Courthouse fails to serve the Public but the staff and the judiciary. Our Truth may or may not be given form by laws – especially laws that are no longer relevant. But Truth will eventually succeed over disorder – which disorder  is intrinsic part of  the minds of those who oppose Truth., including by using irrelevant laws.  This case has confirmed to me that one would be unwise to use the Judicial path in its current structure, towards self-governance in Northern Sri Lanka. THAT to my mind confirms the weak contribution by the current Chief Minister of Northern  Province, who also has indiscriminately mixed Judiciary status with Political powers. To my mind, it is highly likely that you would hear the voice of Mr Wigneswaran – who continues to use his past Judicial status actively to elevate his status.  Like Mr Manivannan, you are also Mr Wigneswaran’s  heir in breaching the Doctrine of Separation of Powers.

As stated to you on Friday, the Respondent who claimed Rs 450,000 through the Petitioners who applied for and were finally granted NO ADMINISTRAION for the Sri Lankan wealth of the Deceased, is no more. What you did not hear from me was the fact that this person’s wife who claimed in Court that she was NOT given dowry and through whose influence Mr Yogendra repeatedly stated in Court that I was NOT family because of my second marriage – lost her Thali chain when participating in the Ther festival at Sydney Murugan Temple . My husband shared with me that he cried because of his father’s pain in not being able to find suitable husband for this lady.  The dowry confirmed the sacrifices that the father and the brothers made to have the sisters married.  If a person believes that the sisters’  marriages were arranged by elders – the father followed by brothers – that person is NOT part of Thesawamalai system. Dowry is a right of the daughter as Muthusum is  the right of the son as per Thesawalamai. Both courts disrespected this Tradition, by requiring ‘documentary proof’ as if they were Non-Believers. One who asks for objective evidence is an outsider.

 In the above incident - another lady also was reported to have lost her Thali Chain but  when one chain was found Mrs Sabanathan’s daughter is reported to have argued that it was her mother’s. To me that loss was no coincidence. It was a lesson from Lord Muruga who confirms the absolute value of second union – through Valli. Mrs Sabanathan’s demotion of my marriage so she would get the money – by effectively  painting me to be the greedy woman – returned to her – to reduce her own marriage status – that it was based on trade off and not the rights as daughter. Had the courts included my husband’s affidavit – the Truth that Mrs Sabanathan came to Australia because of  my appeal after they were rejected by the Australian authorities – would have been included and there would have been good, reliable order in the outcome delivered by the Courts. Every  good marriage negates the  risk of rape in the area where such marriage is honoured. Where dowry is honoured as part of our Traditional law – that place is purified  of lower level enjoyment of pleasures – within and/or outside  marriage.  The Courts have contributed to such risks by aiding in the demotion of such a marriage and insulting such a marriage.

A read of my husband’s affidavit which was set aside unjustly by the Mallakam Court judge – would confirm the depth at which I was family. Recently, the grandson of the eldest brother of the deceased, who is now specializing in paediatrics came over to our home with his fiancé who is also a paediatrician – to be blessed by my husband and I. THAT is the real verdict – including as to who is family and who is NOT.

I confirm that I said to you that at this rate we also may be dead and gone by the time your processes get completed.  To us, every step by us was/is  Pithur Kadan. The deceased also ‘lost’ in court regarding his work related case against the Cement Corporation. Hence our ‘fail’ grade by that system  that failed him –  only gives further clarity to understanding why he lost. We become his true heirs through such loss and resulting pain. The courts that failed him in living has failed him in death also. It is for these reasons that I said to you that if you did not operate within the boundaries of law – the resulting sin would be shared by you also. Only your duty can protect you from such personal karma.

Yesterday,  when praying to Lord Nallur Murugan at the beginning of  His Chariot Journey – I prayed for release from any Sooran in me  so I would enjoy like  Divine Thevar s /gods. Then I moved towards the other side of the Ther’s Home where there is a tree representing Saint Yoga Swami. That’s when the disorder became clear in my mind – confirming the Divine purpose of my visit to your office. As the records would confirm I filed for and won ‘Leave to Appeal’ order, on the basis  that the order delivered by the Mallakam District Court was ‘Interlocutory’.  When preparing the leave to appeal papers within the very short time we had due our lawyer not getting it over to us on time – I came across Chettiyar vs Chettiyar in relation to deciding whether a decision was interlocutory or final. In Australia where I was self-represented – the judges did the needful – so we could proceed with the appeals. My contribution to the Judicial system through my Truth is in ‘Naan Australian’ book which is now in the National Library of Australia – without any effort on my part for it to get there. A copy is now in the library of the University of Jaffna also due to my conscious effort.  The book is about how I found closure through my identify with Truth despite the ‘fail’ grade by the Judiciary. The Mallakam Court experience is included in the last part. During the preparation of the said Appeal – a strand from the peacock feather flew from our shrine area and sat on my papers.  To me that was blessing from Lord Muruga. As you may know that case was about “Sri Kathirvelayuthan Swami Kovil”  (Murugan Temple in Colombo).  I took it as blessings from Above and this sustained me whenever the thought that the Judiciary may not hear me crept into my mind. As you know – Judge Manickavasagar Elancheleyan granted on 28 September 2016, leave to Appeal.

I was reminded of this by Yoga Swami when I was waiting yesterday for Lord Muruga’s Ther/Chariot  to complete the journey.  The above grant of leave to Appeal confirmed that the decision of the Mallakam District Court was interlocutory order and not final judgment. The final judgment was delivered by the Civil Appellate High Court of Jaffna. . This included the ruling that there was to be NO Administration for the wealth in Sri Lanka and that application for Administration  of the wealth in UK would  be undertaken by the Petitioners and the other two siblings who were represented by Mr Yogendra.  The records would show that the other two siblings  never gave consent at Mallakam District Court despite the requirements of Section 524(4) (f) which states :

‘The Petitioner shall tender with his petition, the consent in writing of such respondents as consent to his application’.

It was during Appeal stage that they joined the Petitioners. This ‘insertion’ at appeal stage, confirms to my mind, disorderly Administration. Due Processes are the pathways through which we pay our respects to all those who contributed to the development and maintenance of those pathways. It is our Pithur-Kadan to those ancestors. Failing to pay those dues – results in disorder.

The final judgment was delivered by the Civil Appellate High Court of Jaffna.  According to this there have been additions regarding  Separation of  wealth for purposes of Administration. This negates any Administration by any heir or the Court of the whole of the wealth in Sri Lanka.

If Administration was  found to be needed – and there is no fit person in the opinion of the Court – the Court is empowered to appoint a Public Trustee. As per my conclusion you are now playing that role but without following Due Process as per the Law – specifically Section 520 of the Civil Procedure Code. Section 520A  requires you to list any known Liabilities. Section 522 (b) states that such a Public Trustee is liable to the same liability and dues as other probate officers /  Administrators even though they are not required to furnish any bond or security. Unless therefore you were granted  approval through Due Process of Law to be the Administrator – you have acted outside your lawful position in collecting the monies and making decisions  on behalf of the heirs as per the orders issued by the Judge in response to Mr Yogendra’s unlawful motions . You expressed the intention to settle the stated creditors if  the persons concerned applied for it. As stated – ours has been submitted on the same footing  as the other respondents – but against the wealth in the UK . This may  lead to that part of the estate becoming ‘insolvent’.  The courts  treated us – shareholders – as outsiders and therefore creditors who rank for settlement before  heirs. THAT is the way of Truth.

As indicated on Friday, we propose to take legal action once we have evidence of breach of law by any party concerned including any officer of the Courts. Thus the failures unjustly allocated to our Brother Mr Subramaniam Yoganathan by the Courts is inherited now by those who used that Judicial pathway for lesser purposes. Heirs get the liabilities with the assets.

Yours sincerely

Gajalakshmi Paramasivam

CC:      Hon Justice W.P.G. Dep – Chairman

Judicial Services Commission,

P.O. Box 573, Hulftsdorp – Sri Lanka

The Secretary, Judicial Service Commission Secretariat; P.O.Box 573, Hulftsdrop,

Colombo 12.Sri Lanka;

Mr Subramaniam Tharmalingam& Mrs AnandaletchumyTharmalingam  , c/o Mr D Yogendra, Attorney at law

Mr Yohananda Sabanathan &Mrs Saraswathy Sabanathan; 37, Old Field Road; Seven Hills; NSW 2147; Australia

Mr Sellathurai Mahadevan & Mrs Sakthidevy Mahadevan; Kallady Lane; Vaddukoddai South West; Northern ProvinceSri Lanka

Mr. Visvalingam Manivannan – Attorney at Law, Jaffna

Mr SD S D Yogendra - Attorney at Law, Colombo

The Hon C V Wigneswaran – Chief Minister – Northern Province – Sri Lanka

The SecretaryBarAssociation of Sri Lanka No.153, MihinduMawatha,

Colombo 12, Sri Lanka

The Hon Justice Elancheleyan, C/o Judicial Services Commission Sri Lanka

Mr J Gajanithibalan – District Court – Mallakam -  C/o Judicial Services Commission Sri Lanka

Others concerned.

Gajalakshmi Paramasivam from Jaffna

07 September 2018

Representative Opposition or Intellectual Opposition?

The Doctrine of Separation of Powers is an important principle in Democracy. The most popular use of it is in Governance - where the Judiciary and the Executive are required to be separated. The reason is former is vertical power including through faith in predecessors whilst the latter needs to be driven by current merit. 

The issue of Mr Visvalingam Manivannan - of TNPF (Mr Gajendrakumar Ponnambalam's Party) highlights the disorder that arises from such a mind. The Daily FT reported as follows about a month ago:

[The Petitioner states the first Respondent was nominated as a candidate on the proportional list for the JMC (Jaffna Municipal Council) by the All Ceylon Tamil Congress (ACTC).

He claims that the first Respondent was disqualified from being elected to or sitting or voting as a member of JMC because he was not a resident of the JMC electoral area at all times relevant.
He states the first Respondent cast his vote at the last local authority election at Kokkuvil West, which is outside the JMC electoral area whereas he had listed ‘Ramanathan Road, Jaffna’ as his residential address on the nomination paper of the ACTC for the JMC.]

As an ordinary person - to my mind, this happened due to Mr Manivannan's lack of commitment to his legal profession. I had the experience through a testamentary case in which Mr Manivannan represented our side. Mr Manivannan was courteous and was a better communicator than his predecessor who represented us. But his priority was politics. This prevented his development in the vertical process - where the whole of the Judiciary before him had to mark him right. 

Interestingly the issue was Thesawalamai law - a customary law that applies to Jaffna Tamils. I found Mr Manivannan lacking in the depth of understanding needed to argue for the 'right' outcome as per the customary law which also go towards confirming the Jaffna Tamil's right to self-determination. Without the blessings of our ancestors who developed the entitlement to this customary law,  we are like any other subsection of Sri Lanka. 

Those driven by immediate  outcomes are not likely to have the blessings of ancestors. Earlier this year, Mr Manivannan appealed to the Tamil Diaspora to influence their local relatives to vote in favor of his party. The real power of the Diaspora is their contribution to development of commonness in their respective areas in Sri Lanka when that place was their 'home'.  They do not have the right to influence on the basis of current merit. They have the duty to use such measures to their current 'home electorates'. 

Diaspora power is through contribution to Traditional power raised to the level of Energy. Mere outcomes are lifeless in the Traditional system. The Joint Opposition led by former president Mr Rajapaksa exercised lateral power through yesterday's rally. I was asked by a young Tamil Sri Lankan about Mr Mahinda Rajapaksa and Mr Maithripala Sirisena. My response was that the former was clever and the latter was good - within that group.

The parallel of that  Northern Tamils is TNPF and TNA respectively. With the National Opposition - Mr Rajapaksa was demoted by the system of Truth to representation only. The clever opposition has been allocated to the Tamil National Alliance the best representation of all Tamils.  So long as the traditional powers of intellectually driven Tamils are included by TNA - it would continue to hold this power in the minds of  Sri Lankans. The moment they depend on local majority only - they would demote themselves from this real and present status. 

 Lawyers who are clever but fail to respect their elders at the depth needed - would tend to produce excessive outcomes that lead to hoarding. To the extent Mr Manivannan sought the support of such current influence largely through money earned in foreign countries - he defeated himself in the court of Traditional powers. 

 Gajalakshmi Paramasivam from Jaffna

Australian Federal Police must arrest also the NSW Police Officers

It is my discovery that those who desire credit through subjective powers demote the other person at least in their mind. Allocating  Equal status to the unknown person helps prevent unjust discrimination on subjective basis.

Mohamed Kamer Nizamdeen is a Sri Lankan. Was it therefore proper for the NSW Police to use Mr Nizamdeen in work that involved the psyche of ‘Australians’ ?

[In 2016, Nizamdeen and a group of students collaborated with NSW police and the NSW government to create an app to help foreign students protect themselves against fraud when they arrived in Australia.

The articulate and confident Sri Lankan was the star of promotional material about the project and was named UNSW Hero of the Week. A university press release – vanished since Friday – about the app, called ALICE (Artificial Learning Intelligence for Centralised Education) quotes Nizamdeen at length and alone among others involved in the project.] Sunday Times article - Aussie police probing how well loved Lankan Uni student became radicalized

The structure of a Sri Lankan mind is different to the structure of an Australian mind. The same manifestation would be interpreted differently by different groups. The protection of Sovereignty is afforded to Nations to prevent one nation invading another.  The University of NSW is very backward in globalization. The coalition of  UNSW and NSW Police minds, resulted in the Police listing me as ‘Sri Lankan’ when they could not find any lawful reason to punish me. The stated reason was Trespass. But the law Inclosed Lands Protection Act 1901 did not  provide for such. In fact , by (ab)using that legislation, the UNSW Central Administrators and the NSW Police became guilty of Racial Discrimination. To my mind, by listing me as ‘Sri Lankan’ despite my strong protests – that I was Australian by law – they provided clear objectively measurable evidence of their breach of the Racial Discrimination Act 1975. But they stuck to it and to my mind that confirmed their urge to ‘demote’ me to deliver to their seniors in the subjective system – the UNSW Central Administrators.

As per the above report the NSW Police sought the cleverness of the Sri Lankan mind allegedly towards protecting ‘fraud’ . Did they not commit such a fraud against me – a migrant from Sri Lanka who has a track record of contributing to Democratic management of Resources? My book ‘Naan Australian’  is an account of the mental torture I suffered due to such demotion and denial of my human rights.

If Mr Nizamdeen had read that book – he probably would have distanced himself from the NSW Police. It found its way to the National Library of Australia and is available in Sri Lanka also. I donated a copy to the University of Jaffna. But the passage to National Library of Australia happened Naturally – without any intervention on my part.

Just last month – when we bought a couple of  lounge sofas – I was painfully reminded of the break and enter by NSW law enforcement officers – who took away most of our future to pay for the legal fees incurred by the UNSW in hiring external lawyers.

Benjamin Franklin said ‘That it is better 100 guilty Persons should escape than that one innocent Person should suffer’. I feel that my pain after all these years had the power to invoke that karma of UNSW-NSW Police coalition. They are natural colluders with a negative karma in Racial Equality – which is a fundamental Human Right that I was denied as an Australian.

Sri Lankan Government Minister Faizer Mustapha who is a relation of Mr. Nizamdeen – is reported to be ‘waiting’ for our Judiciary to deliver. They may be more careful with the relative of a minister than they were with me – a nobody – an orphan who was abandoned by the Australian workmates and employers as well as the Sri Lankan community of various shapes and forms in Australia. My close friends and relatives did sign a petition to be presented to courts – headed by Magistrate Pat O’Shane who sent me for mental ill treatment.

As per the above report ‘Psychologists have been called into the investigation to help determine whether Nizamdeen intended, and was capable of, carrying out the threats detailed in the material attributed to him.’

 As per the report of the Psychologists (one was Sri Lankan) – there was no independent logic between their recommendations and their discovery about my mind structure. They mention specifically my belief in Swami Sathya Sai Baba & Gandhi. THAT is the real risk faced by Nizamdeen unless the assessors are influenced by the Sri Lankan ministerial connection.

The question before us is – how were the NSW Police fooled by Mr Nizamdeen? If Mr Nizamdeen is guilty – so are the NSW Police who are of similar mind structure and therefore carry the same risk of ‘terrorism’ as Mr Nizamdeeen. Should they not also be charged on the same basis? In fact as Australian they are more guilty of a mind structure as per subjective assessment, than a foreigner who is protected by Sri Lankan Sovereignty. They may deport him but not punish him through subjective assessments of those who do not have the mind structure of Islamic faith. THAT Separation of powers is essential to uphold democracy. 

Gajalakshmi Paramsivam from Jaffna
04 September 2018

Sri Lankan in Australian University Karma

  I found in today’s mail, an analysis by Tamil Rebel supporter – showing the Kerala connection between the latest Kerala Natural Disaster and the role of Malayali leaders within Indian Government who contributed to the Sri Lankan Tragedy. – especially in 2009. I did identify with the logic of it at that level. But as myself – I went deeper and identified with the way of Natural forces as per the land  of those who felt victimized. Rebels who invoked the ‘Tamil only’ separatism went back in time and invoked the old powers that remain dormant until invoked by a current  custodian. These old powers do include Kerala culture in Jaffna. I realized this when we went to Kerala in 1997 – on a business trip. The fences and  the food gave us the feeling that we were in Jaffna. We share more in common with Kerala in this regard, than with Tamil Nadu. I concluded that it must have happened through natural and harmonious ‘sharing’ between the two groups.. By going back in time, to claim separation ‘rights’ the rebels invoked those ownership powers. Hence as per the system of Nature / Truth – those who claimed  ‘priority rights’ to rule – i.ee – LTTE led rebels made themselves the Opposition of all forces before their own group.. Tamil Nadu is younger  than Kerala in human exports to Jaffna. The Tamil Rebels who were led by language -  fought for Tamil Nadu migrants who are economically prominent in Colombo than they were before 1983. The post 1983 rebel training happened largely in Tamil Nadu. That is the amazing way in which the Natural powers delivered post-war outcomes.

To the extent Jaffna Tamils who invested in higher education as a priority were hurt by the Tamil-only mandate  - their ancestors were invoked to defeat those to whom majority power through the sword became priority. The older the ancestral power the stronger the veracity  of the current manifestation. One who believes in the power of education would  stay away from groups that believe in the power of the gun. Such Tamils of Jaffna would have invoked the Kerala ancestry. To that extent, the Sri Lankan government was only a messenger and not the cause. Land based research will deliver the appropriate solution.

It is Nallur festival time and a couple of days back when I ‘filled my mind with the glorious form of  Lord Muruga, with Thveyanai and Valli Ammayars – the words of Saint Arunagirinathar  sang so beautifully by a devotee melted my heart. It is stanza 17 of Kanthar Anupoothi.

Yaam odhiya kalviyum, yem arivum,

Thaame pera Velavar thandathanaal,

Poo mel mayal poy aara mey punarveer,

Naa mel nadaveer, Nadaveer iniye., 17

Our Education and the knowledge we have

Are due to Lord Muruga’s Grace – so we would realize the Absolute

So renounce the attachment to the temporary exterior Maya and

Feel the Truth  within.

From now on – do not walk above the words of wisdom

I realized then that that was the solution I was seeking and contributing to through my own writing work. I have just completed my book – about ‘My Jaffna Heritage’ and I felt blessed by Jaffna – the land.

Those who invoke the past for current purposes need to attribute credit to those ancestors before taking credit for current actions. If the war was in the name of Tamil Liberty – then the ancestral power of every Tamil to whom a part of Sri Lanka is ‘home’ in invoked. Mine was educational power and hence any current work in education would invoke the power of those ancestors – including Catholic institutions in Jaffna. I will not fail in Jaffna through the educational pathway.

The parallel of the above land power happened also in Australia – at the University of NSW. The Sydney Morning Herald report  ‘Someone set him up': UNSW terror-accused was framed, says brother’ Shows the connection of return Karma for the pain and suffering caused to me by UNSW in my Home area.

Until the UNSW makes amends – the anxiety of Terrorism is a reality at that place. The reason is that I – a true owner through my independent investment in education – was treated as a criminal for performing my duty as an owner through the democratic pathway. To me it is no coincidence that the Sri Lankan who was rewarded by the UNSW became the victim – i.e. -= Opposition of my ancestral educational power.  I was listed as Sri Lankan – despite my strong protests that I was legally Australian. This guy :Kamer Nizamdeen – in the system of UNSW is therefore a relative of mine. The report states about the way he was treated by the UNSW system :

[Kamer Nizamdeen appears in a 2016 promotional video for a project by the NSW government body Study Sydney and an education start-up. ]

According to the UNSW  system therefore Mr Nizamdeen is my senior by merit in educational investment. THAT would have invoked the ancestral powers of the UNSW who supported me during my deepest moment of need. Heritage invokes Itself to support a true Heir.

It is interesting to note the following part of the report::

[Kamer Nizamdeen, 25, was arrested in his office high above the university campus on Thursday and charged with making a document to prepare for terrorism that allegedly included high-profile targets such as Malcolm Turnbull, Julie Bishop and the Sydney Harbour Bridge.]

The parallel of that in my case was the open following of Due Democratic Process  which I did not have in common with the UNSW Executive nor the Police who arrested me nor the Judiciary that punished me. They were all of Mr Nizamdeen’s culture of autocracy and secret deals / quid pro quos. Their assessment of him would be more reliable for Australians who are autocratic.

To my mind it is no coincidence that Mr Turnbull who to my mind ranks second after Mr Paul Keating as PM – got dismissed by a group that is strongly attached to White-Only policies. Mr Nizamdeen was stopped by the system of Democracy that Mr Turnbull and his supporters have invested in. Mr Turnbull has NOT lost that power. Hence he resigned. Mr Howard whom I sued – was dismissed by the people. If not he would been more at risk of becoming a victim of Terrorism than Mr Turnbull.

There deeper revelation regarding the karmic connection:

1.      ‘On Monday, the ABC reported that Mr Nizamdeen is the nephew of Sri Lanka's Sports and Local Government Minister Faiszer Musthapha.’

Minister Musthapha’s father,  Mr Faiz Musthpha PC appears for the parties who unlawfully got custody of my land in Colombo 5.  But Mr Mustapha successfully postponed  the Appeal hearing despite knowing that I was representing myself  after dismissing our Senior Counsel who failed to follow the spirit  of  ethics in undertaking without even informing me – to represent our opposition in a Jaffna Testamentary matter. After I revealed in my early written submission that the guy who claimed prescriptive rights was confessing through a court document to have lived outside that property at the time of he claimed to have lived there – the assistant to Mr Mustapha avoided my calls which were to find out about court dates which were strongly influenced by Mr Mustapha’s convenience. Later, when we engaged the team – Mr Harsha Fernando assisted  by Mr Revan Weeraqsinghe   - Mr Mustapha’s team tried to settle ‘out of court’. Given my deep investment in the legal system and the sacrifices I made to take my ‘junior’ position in court – as allocated by that system – I declined. In the system of Truth / Dharma – all those who take credit as relatives of Mr Mustapha would be infected by that negative karma due to failure to allocate Equal position to the opposition in Court. That is the problem with abusing common power for personal benefits.

I am a common victim of UNSW Executive and the Sri Lankan Judiciary where Mr Mustapha (Snr) is effectively part of the Executive.

2.     [The Facebook post said that Mr Nizamdeen, who was formally refused bail at Waverley Local Court on Friday, had not been in contact with any of his family since the dramatic arrest.]

I was also tried as a Sri Lankan criminal at Waverley Local Court which upheld the Police version of my  citizenship as Sri Lankan. I contacted the then in the position of Consul General of Sri Lanka, but he refused to get involved – claiming I was Australian.  Sri Lankans who are beneficiaries of such government influences – would get the return karma for the punishment of the real owners in places that carry such Energy of true ownership. Once our experience is Common through the Land and/or time the power would work to support us and allocate the punishment to the perpetrators and their  relatives due to enjoyment of benefits from the common system – taken outside the common boundaries.

Relationships  through common structures protect us from such abuse.  Those acting outside such boundaries need the support of Truth which is beyond the control of  humans but could be accessed as a facility by those who contribute to the system of Truth.