Gajalakshmi Paramasivam

24 September 2018

Burying the Terrible past ?

I looked over treetops in the direction of our rented home – when I was in High School – Holy Family Convent – Jaffna. I stayed at Valampuri Hotel which I thought was more within my Budget during this high season. Jetwing where I stayed previously – was more structured but Valampuri was more ‘homely’. The Nallur festival time is high season for Jaffna. I met a few families from Sydney there at Valampuri. The best part was the feel of the Energy from my past in that area – my home-area.  I therefore identified with most of the following :

[Swami Vivekanantha and Mahatma Gandhi in the early part of the twentieth century along with several foremost artistes and academics in the forties, fifties, sixties and seventies had visited Jaffna and praised the intellectually sound civilization which existed in the Northern region.

The late Indian President Dr. A. P. J. Abdul Kalam, the nuclear genius was the first dignitary to visit Jaffna following the end of the war in 2009. Dr. Abdul Kalam visited Jaffna in 2012. Thereafter, it was the Indian Prime Minister who visited the North in 2009.

Therefore, Tamil Nadu Minister Sengottaiyan’s recent visit to Jaffna highlights in every way that the region should regain its lost glory as the region of civilized people in every way, burying the terrible past.] Ceylon Today article ‘Tamil Nadu Minister in Jaffna’

I do not however identify with ‘burying the terrible past’. The difficulties that we experienced during the war – are part of our experience in Jaffna. We need to escalate it to Energy level and not abandon it. That is the way of the Intellectual. I was able to ‘connect’ to my investment in Jaffna through my education – because I had raised some part to Energy level. I did that largely by attributing credit to those who facilitated my education – starting with my parents and teachers. It’s that ‘thanksgiving’ that completes the experience and raises it to Energy level. One could therefore conclude that those of us who failed to complete that cycle remained at outcome level – including in education. Such folks who did not plough back also became the reason for the pain and losses suffered by us during the war.

The war happened due to many interactive forces. How it affects us is as per our own level of investment. We are now feeling for the parents and siblings of those who have gone missing during the war – especially in 2009. But how many of us felt for the parents and grandparents of those children who were hijacked from schools and/or brainwashed to leave education to become physical fighters? The author of Tamil Tigress is one of them. Her father’s two sisters were our (my sister and I) class mates and accepted good order of the school without question. To that extent the young heir of LTTE ‘lost’ connection with her ancestral investment in law and order.

Since I stay within the boundaries of my own investments, I look for other ways in which to replenish this ‘loss’ of investment value through the intellectual pathway. To me that is how I practice the core value of the Doctrine of Separation of Powers.

The separate pathways between brawn and brain – was recently demonstrated by Sri Lankan Parliament – where heirs of JVP (rebels) demanded immediate action against Mrs Vijayakala Maheswaran – as in ‘an eye for an eye’ practice. But the speaker keeps passing the matter through structures that would include our ancestors from whom we inherited that structure with all its weaknesses. Those of  us who sacrifice immediate outcomes to develop common structures would naturally empower the speaker and others in support of that pathway. Under that system the Speaker’s responsibility is limited to the Parliament and primarily what happened within the Parliament house. Mrs Vijayakala Maheswaran manifested her thoughts outside the Parliament and her expressions are the responsibility of the Common Administrative system. THAT is the way of the intellectual pathway.

We need to learn from our pain and losses – to raise our current investments to the higher level – where all pathways merge in Truth.

Gajalakshmi Paramasivam

22 September 2018

Not Jaffna only but Jaffna also

[On Sept 21, 2017, the Steering Committee of the Constitutional Assembly presented its report on the new constitution to Parliament proposing the devolution of power within a unitary state.

This proposal is far short of what the Tamils have asked for. The question is: will the proposals be a step towards resolving the national question, or simply be an enabler to repeat the grievances which led the country to 30 years of civil war?] Is Sri Lanka’s Tamil party selling out the Tamil people?] - By JS Tissainayagam | 4th October 2017 through Asian Correspondent.

Following is part of the presentation by Wikipedia about Mr Tissainayagam who was detained by the detained by the Terrorism Investigation Division of the Sri Lankan Police in 2008 and  indicted  under Prevention of Terrorism Act:

[The only other pieces of evidence that the Government presented against Tissainayagam was two paragraphs he had written;

"1. In a July 2006 editorial, under the headline, "Providing security to Tamils now will define northeastern politics of the future," Tissainayagam wrote: "It is fairly obvious that the government is not going to offer them any protection. In fact it is the state security forces that are the main perpetrator of the killings."

2. A part of a November 2006 article on the military offensive in Vaharai, in the east, which said, "Such offensives against the civilians are accompanied by attempts to starve the population by refusing them food as well as medicines and fuel, with the hope of driving out the people of Vaharai and depopulating it. As this story is being written, Vaharai is being subject to intense shelling and aerial bombardment."

On 31 August 2009, the High Court in Sri Lanka sentenced Tissainayagam to a total of 20 years rigorous imprisonment, for arousing "communal feelings" by writing and publishing articles that criticised the government's treatment of Sri Lankan Tamil civilians affected by the war, and for raising money to fund the magazine in which the articles were published in furtherance of terrorism.]

After my liberating experiences here in Australia, I now tend to read the work of others at Energy level. I was in Vaharai in 2005, due to my commitment to Tsunami victims who were devotees of Kathirgama Murugan. In other words, to my mind,  the opportunity happened due to our common belief. I learnt through that experience – that the Tamils living in that area had more in common with folks living in rural North than with the folks of urban Jaffna. It is also the difference between Indigenous Australians living largely in indigenous culture and those who are multicultural ‘urban-Australians of indigenous origin’. The measure used to value the former is time based and is  different to the measure used to value the latter – using space they Energized during a particular period.

I believe that by connecting to Indigenous Australians here in Coogee – I inherited their ownership value here in Coogee. This happened largely through my workplace contributions. This has translated as ownership of  our home-unit at my level of work contribution during my period as an employee – even though I was paid relatively less than ‘Australian qualified’ and / or White Australians who ‘look’ Australian. One has to raise/allow the rising of,  one’s work value to Energy level where our the work of one energizes the other. It is that unseen, unexpected component that confirms ownership.

True Ownership of Land in rural areas are defined largely through invisible time basis. Hence the law of Prescriptive Rights. In urban areas on the other hand, ownership of land is largely on the basis of money based transfer and/or by inheritance.

Mr. Tissainayagam’s claim would be more appropriate to urban Tamils rather than the folks of Vaharai who abandoned their rights to armed rebels – for one reason or the other. The main reason was that their own sons and daughters were part of rebel groups. Like in politics – their ‘reasoning’ is that of the rebels and therefore – could not be measured by an independent person except through objectively measurable evidence. Lankan rebels were formed largely in rural environments.

Mr Tissainayagam himself would have been measured differently by different groups in Sri Lanka. The pathway through which the media measured  was bound to be different to the way the armed forces responsible to eliminate armed warriors would have measured. If the charges were therefore by made by the government responsible for the armed forces, the measure has to be deeper than through direct evidence. If indeed Mr Tissainayagam made money out of his media work far above breakeven level – then the ‘other side’ of that profit also travels with that profit. If that was not the case, but the Government made that to be so, then the Government dilutes its own Governance Energy. One whose work has been raised to Energy level would have transcended that ‘other side’.

One way in which Mr Tissainayagam could have prevented dilution of his own governance Energy  would have been to measure armed rebels with the same measure as that used for the government – that they were killing the people in that area – as if they were the government. Since Rebels are not official - they ought to be measured as per common belief by insiders or common outcome produced on project basis by outsiders. Former measure would be ‘right’ for that believer and the manifestation valid only for local consumption covered by that belief. But when bringing it outside the boundaries of common belief such expressions need to be translated and expressed in language common to all consumers – including the two sides to the war in this instance.

Truth personal to one is no longer Truth if expressed in an environment where that expression would produce profits and losses to outsiders - beyond those who contributed to that Energy and their heirs by belief. That is the automatic ceiling placed by Truth Itself. Mr Tissainayagam was right for Mr Obama – who actively practiced multiculturalism. But Mr Tissainayagam was wrong for the president of a country whose population is largely driven by Subjective powers and ancestry   – which are vertical measures on time basis. If we were democratic – there would be no need for separation of powers – even between the Judiciary and the Executive, leave alone between various cultures. The separations would happen naturally as Diversity.

Minorities driven by ‘tradition’ alone – as in Tamil only – need to keep their work values local to earn the right to self-govern. Tamils who follow the Rebels would therefore perceive a different picture to Tamils who follow National Political elders. Mr Tissainayagam  for example states as follows about  the Northern Province Chief Minister C. V. Wigneswaran:

[Northern Province Chief Minister C. V. Wigneswaran has repeatedly censured the military’s presence and interference with civic life in the province. But since he is constitutionally barred from working on such matters, civilians in the North and East bear the brunt of a militarised society. The Steering Committee’s proposals will only perpetuate this problem.]

Promoting Mr Wigneswaran confirms promoting Northern Province politics at the level not of Jaffna Tamils but of rural Tamils such as Vanni Tamils due to their commonness with the LTTE and its cadre. But that separates Mr Wigneswaran from the heritage developed by politicians who took the common path of politics. I live and function as part of Vaddukoddai and the civilians there do not complain of such interference. They complain actively about caste based reverse discrimination – promoted actively by Rebels for their own purposes. Now that there is no active war – the only measures known to the seniors include at social level ‘caste-based’ measures which also cause separation when juniors are abused. Juniors being juniors are highly likely to retaliate on the basis of ‘outcomes’ through which they falsely elevate themselves. Mr. Wigneswaran was ‘right’ for Colombo, using common measures. He is wrong for those who have invested in Common Sri Lankan life, including  his own alma mater – the Judiciary in Colombo. Mr Tissainayagam   would tend to think that Mr Wigneswaran was right because of his own affiliation with indigenous Vaharai community whose pain became his at least for the sake of his journalism.

Had I also supported the Wigneswaran camp – I would not have earned the following appreciation from a journalist of Sinhalese origin, who is read by a significant proportion of Tamils known to me:

[Felt blessed to hear your voice after a long time. To my mind,  without your generous help, I would be nowhere.]

Some sections of the Tamil media do recognize my work but on merit basis. They are not heirs like the above journalist who is humble enough to take junior position in that aspect of our common work. I am yet to identify with the Tamil parallel of the above Sri Lankan heir. Most of them tend to ‘tell me’.

Mr Wigneswaran is a good example of Tamil Community without independent Judiciary. Jaffna folks who are the best ruling group in North would naturally oppose such separation where the current Jaffna Judiciary and their heirs would become the future kings and queens of the Tamil community. Just because the pro-Vanni group is not able to identify with the value added through a constitution does not mean we – the pro-Jaffna group do not.

The Right to Oppose did not exist during LTTE rule. It does now under consciousness of supervision of Colombo. Colombo supervision includes supervision  of all Tamils of Sri Lanka not attached to  that particular area only but to that area also

Gajalakshmi Paramasivam

21 September 2018

Is the Chief Minister entitled to the Rule of Law?

To my mind, the core purpose of Law is the development of Commonness in process. Those of us who lack knowledge of the law – have the DUTY to share our Truth in our own language. Truth is the strongest and most reliable power that naturally develops Commonness – including with those unknown to us through common living and /or knowledge. Belief invokes this power. One who has no knowledge of law could be more powerful than one who Believes in the issue. In a court therefore Expression of Belief cannot be of lesser status than that of the  law. Likewise, in Parliament the status of law cannot be less than the status of an expression of belief. In both instances the ‘gap’ between Truth and Structure – becomes invisible power – that motivates us to keep going. Gandhi was rich in this power.

In contrast, Mr CV Wigneswaran -  a former judge of the Supreme Court of Sri Lanka and currently the Chief Minister of Northern Province, is weak in this power. This to my mind is due also to the Chief Minister indiscriminately mixing Judiciary and Executive Government. It is like saying that I am Colombo resident as well as Jaffna resident during the same period. The two can merge at the higher common level. But the credit  must be to the place that is currently seen by her/him as her/his home. This is now an issue before the Sri Lankan courts in relation to the Jaffna Municipal Council elections. One needs to ask whether the any breach by the Chief made a causal contribution to this outcome?

The decisions in the mind of the Chief are effectively her/his actions. A Chief Minister who carries his Judicial status as a crown, is continuously acting in breach of the Doctrine of Separation of Powers between the Judiciary and the Executive Government. This weakens the investment that we the ordinary folks make in democracy in that area/land-space.

It is reported that Mr Wigneswaran’s Counsel needed a Supreme Court-Court of Appeal Rule and mode of procedure to summon his client in terms of contempt of Court. :

[Senior Counsel K. Kanag Iswaran PC took up a preliminary objection based on the Constitution on the jurisdiction of the Court of Appeal to proceed with the Contempt of Court allegation.
President’s Counsel Kanag Iswaran contended that it is not prudent for contempt proceedings in the absence of SC-CA Rule and mode of procedure.] – Daily FT report ‘Kanag Iswaran PC takes up preliminary Objection’

Mr Wigneswaran’s Counsel contradicted this by the following :

[The liberty of a person under the constitution cannot be deprived except according to procedure established by law which is guaranteed under Article 13 of the constitution and read out in support a passage from the book on Fundamental Rights written by Former Chief Justice Sharvananda, he pointed out.]

The writings outside the current structure of the Court system are valid when they are based on Common Belief in that structure. Hence the validity of Case Laws. The mind structure of Justice Sharvananda within a Court structure is acceptable on the same basis as case law – only to the extent he embedded this in one of his judicial decisions. Such a mind is senior to the current judge. Hence Mr Kanag Iswaran PC, contradicted his own theory that a specific rule was needed by the current Supreme Court-Court of Appeal to act one way or the other.

The Belief of those in that Judicial system is the Chief’s authority until proven otherwise. Belief being Truth based will answer to any problem reliably. In other words, Belief produces the perfect rule.  Article 136 (1)(b) from  which Mr   Kanag Iswaran PC draws authority states as follows:

Rules of the Supreme Court.

136. (1) Subject to the provisions of the Constitution and of any law the Chief Justice with any three Judges of the Supreme Court nominated by him, may, from time to time, make rules regulating generally the practice and procedure of the Court including –

(a) …………………..

(b) rules as to the proceedings in the Supreme Court and Court of Appeal in the exercise of the several jurisdictions conferred on such Courts by the Constitution or by any law, including the time within which such matters may be instituted or brought before such Courts and the dismissal of such matters for non-compliance with such rules ;

No provision in the Constitution has been cited, as preventing expressions of Belief by a Chief from making a decision. In fact Former Chief Justice Mr Sharvananda  did not bring in a rule to bar such action. By leaving it open – Mr Sharvananda has shown respect for the belief of the Chief of the Chief Court to make the decision.

Be that as it may, one needs to examine the state of affairs of the Judiciary in Northern Sri Lanka, during the Administration of  Mr Wigneswaran as its Chief Executive. As per my experience the Chief Administrator of the Mallakam District Court did not need any rule to takeover the Administration of the Estate of our Brother Mr Subramaniam Yoganathan. He in fact made a rule that I needed a court order for him to even receive my letter to the opposition lawyer explaining our interpretation of the decision by the Court of Appeal which was being executed by the lower courts – without a specific order from the Court of Appeal. I wrote as follows to the Chief Administrator of the Mallakam District Court, on 09 September 2018:

[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. …………………….

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. ]

My regular communications including the above letter, went to both Mr Wigneswaran as well as Mr Kanag Iswaran, who owns a traditional home in Sangarathai-Thunaivi where we have our family temple. Mr Wigneswaran was the Chief Guest at a function where the building he opened was built on by a member of the Diaspora, on someone else’s land. Those ‘disorders’ dilute their investments in law and order through external knowledge. Belief is our root cause of common order. Without belief in order – their disorder driven by selfish outcomes becomes the root cause of their manifestations. Hence the saying ‘Haste makes Waste’.

Gajalakshmi Paramasivam

20 September 2018

No Ethnic Problem in Sri Lanka – then LTTE are NOT Terrorists

Recently, I had a discussion with a Vaddukoddai person about the difference between ‘Donation & Dowry’. The issue arose due to the testamentary case in relation to the intestate estate of my brother in law Mr Subramaniam Yoganathan. The sisters claimed they were NOT given dowry but received donation. My interpretation was that what was given was dowry and this has been upheld by many case laws in Sri Lanka.

Donation is lateral value on current merit basis. Dowry is of heritage value as per our respect for ancestors. By claiming that the wealth received from the custodian of common property – their father – was donation – the sisters were disowning their heritage of the minds that gave us the laws of Thesawalamai which clearly distinguishes between the pathways of sons and daughters.

Ethnic groups of different culture similarly carry different heritages and this diversity enriches the whole. It must however stand on its own rights – independent of other cultures. Dowry confirms independence of the women who go into another family. Those who valued diversity in their birth families would have little difficulty valuing such diversity in the families they marry into. Likewise,  members of communities valuing their own diverse cultures independent of other cultures – would carry that diversity structure in their minds when they migrate to other countries. Donation is a lateral exchange of current values and hence comes without heritage structures. Heritage confirms the mind of the ancestor raised to Energy level. Money is solid and stays where it is manifested.

Professor Channa Jayasumana of the World Patriotic Lankan Forum speaking at the UNHRC yesterday is reported to have stated:

[The Tamil Vellalar leaders aspired to be the leaders of the country under the auspices of the British. In 1931 the British introduced universal franchise and the Vellalar leaders found that they could not become the leaders of Sri Lanka. Then they wanted to become the rulers of the Northern and Eastern Province. This was the beginning of the separatist movement. Thus the Tamil separatist movement sprang up not because of any injustice to the Tamil speaking people but due to the fact that the Vellalar Tamils could not become leaders of the entire country. In 2009 the entire Tamil racist movement was defeated and there is nothing to talk further as the military solution given in Nandikadal is nothing but a political solution. Studying genuine history shows there is no ethnic problem in Sri Lanka.]

By his own admission, Professor Jayasumana confirms that Tamils had a caste based hierarchy. Vellalar are farmers. Nalavar are Toddy tappers. In a community where farming is valued at a higher level than Toddy tapping – it is natural that those in the farmer  group would tend to lead those in Toddy Tapper group – just as the elder sister in a family leads the younger sister. It is a structure related to work values. Now that I am part of that Nalavar community also – I appreciate more than ever the value of this hierarchy. During my recent visit to Jaffna – I pulled up a member of the leading family in the Toddy Tapper community in Vaddukoddai where the first political declaration of Diversity and therefore Independence was made in 1976, for neglecting family responsibility – especially in relation to his children, in preference to training his sports fans. This guy lives in the village of Thunaivi which is known as a Toddy tapper village. There are others of the same community doing largely similar work but living in areas that are recognized as ‘Vellala-areas’. Neither group is currently engaged in Toddy tapping work. But those who live in Vaddukoddai and other urban areas continue to recognize the hierarchy due to recognizing the older ownership by the Vellala caste. Their urge to progress is stronger than the urge of those who think they are leaders in Thunaivi.

Through Sinhala Only and other measures – Sinhala leaders also placed a ceiling on their learning from wider world. As a Vellala person I did not feel that Tamils wanted to rule over the Sinhalese. But Muslim Moghuls  did rule over Hindu & Christian Indians. Prof. Channa Jayasumana is listed as a member of the Rajarata University of Sri Lanka. The following is an excerpt about Rajarata heritage:

[In 1215, Kalinga Magha invaded Rajarata with an army of 24,000 soldiers. After the conquest of Rajarata, Magha established his capital in Pollonnaruwa. Then the Kalinga forces extended their power to the Malaya Rata. During the rise of the Kingdom of Dambadeniya under the king Vijayabahu III (1220-1224 CE), Magha lost the control of Malaya Rata. The native Sinhalese resisted the Magha's administration at Pollonnaruwa. The Sinhalese gathered around inaccessible towns, fortresses and mountains including Yapahuwa and Gangadoni under army generals including Subha and Sankha. Because of the rising threat, Pandyan troops established an administration centre in Jaffna Peninsula which was more secure and isolated by the impenetrable Vanni forest. Later Rajarata was annexed by king Parakramabahu II(1236–70). His power extended over Rohana, the central hills, Rajarata and the Vanni.^[12]

The Sinhalese tried to re-establish the administrative centre in Rajarata but this never happened because of constant battles with invaders from south India. The administration centre was moved away from Rajarata by the Sinhalese. The defeat of Pandyan in South India in the rising Mogul empires weakened the Tamil power in Sri Lanka. The last Pandyan ruler of Madurai, was defeated and expelled in 1323 by Malik Kafur, the army general of the Muslim empire Delhi Sultanate.  The falling of Pandyan was a historical event that had a big impact for Sri Lanka.

It leads to following events:

·       Military rulers "Aryacakravarti" - who was appointed as minister of Pandyan empire - made the Jaffna administrative center independent from Pandyans and established the Jaffna kingdom and Arya Chakrawarthi dynasty.

·       The Tamil lost power in the Vanni and they withdrew from Vanni to the Jaffna Peninsula.  The population was very low in this area until the British started the Tamil Colonization south to Paranthan.

·       Area below Vanni forest stabilized under Sinhala Kingdom] Wikipedia

If Prof. Channa Jayasumana had used current merit based measures to ‘judge’ Tamils – the Rajarata heritage would be passive. But the moment Prof. Channa Jayasumana used Tamil Vellala measure – he awoke the heritage of Rajarata to which Tamils contributed strongly.

By awakening ‘desire to rule’ – as a Tamil desire, Prof. Channa Jayasumana awakened also the ‘fear of being ruled’ in himself. It was fear that was speaking at the UNHRC which does not have a mandate to hear and judge on the basis of  heritage. As a global organization it has the responsibility to use current measures. If that is done in good order – the heritage value would also confirm and support that judgment.

As per News first report:

[Leader of the Opposition R Sampanthan has requested President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe to grant an opportunity to discuss the release of Tamil political prisoners.

The Opposition Leader made this request in a letter directed to the President and the Prime Minister.

The letter stated that decisions reached during the last meeting with the President have not been implemented yet.]

If there is no ethnic problem in Sri Lanka – these prisoners are not political prisoners but ordinary criminals. To the extent LTTE and other Rebels were empowered by their ancestry – they are immune from prosecution through current measures that do not descend from that ancestry. If they are not political prisoners but are ordinary criminals – then they need to be tried as per objectively measurable evidence and not because they were part of the LTTE or other Political group that confirmed empowerment by   heritage.

The Prevention of Terrorism Act 1979 is an example of a law based on fears of the past, invoking the Truth. Below are some details published by Wikipedea with which majority Tamils would identify :

[Elements of the Act

Under the PTA of Sri Lanka, a person can be detained for periods up to 18 months (renewable by order every three months) if the Minister has reason to believe or suspect that any person is connected with or concerned in any unlawful activity. Unlawful activity includes even pasting posters on walls, and is punishable with death.

Offences not known to ordinary laws of the country were also introduced. For example, if a person knows the whereabouts of terrorist (terrorist not defined in the Act.) and if such person fails to inform the Police he commits an offence punishable with a minimum 5-year jail term. If the "terrorist" stays with any person for a night such person is guilty of harbouring, punishable with a maximum of twenty years' jail.

 Operation and treatment of Tamils

Although the Prevention of Terrorism Act refer to the whole of Sri Lanka, its application has been reserved for the Tamils and particularly the Tamil youth. Ever since its enactment in 1979, scores of Tamil civilians from students to humanitarian workers have been brutally oppressed and systematically tortured under the act, and many of them have also been killed.

There has been ridiculous instances when Judges of Courts have ordered detenus were taken to remand prison, their names entered in Prison Registers and then the provisions of the PTA invoked and the detenus brought for torture to Army Camps. For the operation under this Act normally army camps were used for detention and they were notorious for their "torture cells". In one Army camp they had even built in rings and other implements for torture.

To this day, the act continues to be in operation in the North and East by which the state continues to oppress the Tamil population in the country.]

As per the above, a politician – say for example the Hon Sampanthan – could be arrested if his excellency Maithripala Sirisena had reason to believe that Mr Sampanthan was connected to the pasting of posters in support of  Mrs Vijayakala Maheswaran’s awakening of the LTTE. Mr Sirisena would have reason to believe is his mindset was of  a structure where Tamils and Sinhalese were enemies – as they were when Indian Tamil kings invaded Ceylon. In essence Tamils are left to the mercy / goodwill of Sinhalese interpretation of the law and not their own. This injustice would continue – so long as the past is invoked in support of one who belongs to one community only.

The way out is to consciously and expressly use current measures and apply them purely on the basis of current actions. As per ABC report Sri Lankan student studying in Australia has been arrested on such a basis:

‘Nizamdeen was charged with collecting or making documents likely to facilitate terrorist acts on August 31.’

Where the Australian Authorities are not conscious of the eyes of the world observing them – they are likely to decide subjectively. The Sri Lankan government has a track record of not being conscious of the global community. The question I ask is – how many non-Tamil Sri Lankans protested when Tamil youth were killed based on the fear of the soldier ? I have shared in the experiences of medical students who witnessed their colleagues being shot dead purely out of suspicion in the mind of the unsupervised soldier. The common law must become our supervisor when we act independently and lack common belief with the person whom we are punishing. Otherwise – the Truth invokes Itself when a common person feels the pain as if s/he has been damaged by an individual who is not common to both. A Sri Lankan can invoke the powers of Truth against a Sinhalese nationalist or a Tamil nationalist in Sri Lanka. In Australia an Australian will invoke the powers of Truth against  White nationalist or Indigenous nationalist. It is not easy to become common. But when we do become common we confirm a higher mind structure than individualists / culture based nationalists. Whatever we do as per that structure would benefit the whole.

Gajalakshmi Paramasivam

19 September 2018

Who Resourced the Sri Lankan Government Army?

[Professor, Dr. Mehmet Sukru Guzel is to deliver a keynote speech on “Protecting the UN Global Counter- Terrorism Strategy,” at a parallel session at Geneva Human Rights Council tomorrow (20). The session consists of two keynote speeches by Prof. Guzel and Dr. Nalaka Godahewa who was specially invited by Prof. Guzel.

In his keynote speech, Prof. Guzel will be stressing on the obligation to open an International Committee of Inquiry for perpetrators who financed the LTTE by the Human Rights Council. ] – Ceylon Today article ‘Sri Lankan Academic in Geneva To address HRC on counter-terrorism’

If Dr Nalaka Godahewa, who is a Sri Lankan, seeks the global value – he needs to investigate first his own side in the Sri Lankan war. The UN is a global organization and has the responsibility to investigate both sides to the war in relation to a particular aspect or not investigate either side.

We talk about Root-Causes of problems. This root cause is invisible Energy and is negative when the manifestation is considered a problem by that environment where the manifestation happened. It is positive when the manifestation is considered an opportunity by that environment. Rule by majority is valid only when we take objectively measurable outcomes produced through every ‘sovereign’ component of the whole. Sovereignty confirms that the cause is the Energy / Root and not visible influences without the capability to function independently. The parallel of vote  in the above matter is the money value in the custody of the two sides.

The LTTE would have been resourced by various groups. This possibly included governments – starting with the then Chief Minister of Tamil Nadu – Mr M G Ramachandran. If the Sri Lankan Government did not complain about this to the Indian Government when the donor as well as the donee were alive – it has no right to investigate now – after both donor and donee have become ‘ root-energies’. To investigate the LTTE – they must first be recognized as having current body / form. Otherwise the investigation is about the Spiritual world which is no business of the Government.

As per the above report:

[The speech will also highlight the International Wrongful Act of the Human Rights Council by not defining LTTE as a terrorist outfit and not asking the international Committee of Inquiry for the perpetrators of financing LTTE in its resolution 30/1.]

LTTE is protected by the belief of all Tamils who suffered due to their battles to preserve their Sovereignty. This struggle was greater in the case of those who earned their credits through the ‘common’ pathway and followed the ‘common-law’ despite discrimination pain along the way. I am one such Australian Tamil who had to sacrifice earned opportunities to uphold my Truth. Everyone who upholds the Truth – naturally upholds Sovereignty / Positive Energy. So long as such Tamils resourced the LTTE – such resourcing was of positive value to the Sovereignty of Sri Lanka. It is that contribution that brought the current government to power that was made up of opposing Energies of the previous Government. It would be more valuable to Sinhalese if global academics were to research into how this was manifested by voters – despite the  majority being large enough to form a Sinhalese Opposition Leadership in Parliament. THAT did not happen largely due to LTTE. It happened due to belief by minority religions who submitted to the Lord when they were dismissed by the human system. Nallur Temple confirmed yet again that the Northern Tamils are returning to the religious pathway after the armed pathway hurt them.

Kilinochchi District MP S. Sridharan who is reported to have called on ‘Tamils to fight to death against Sinhala colonization’ obviously did not connect to this deeper religious power which at belief level is self-regulating. This is because LTTE was founded and functioned as a secular organization. Hence those to whom they become ancestors – do not have the collective power to invoke the Energy of any particular religious group or indeed the common belief in god.

If the LTTE is invoked for positive value or negative value in our current environment – we say goodbye to the pathways they consciously ruled out through their policies. In contrast – the Sri Lankan Army that expressly included belief in Buddhism – would have been supported by all those who believed in Buddha. If Dr Nalaka Godahewa investigates and finds no logical connection between the causes and actions of the Sri Lankan Armed Forces – one has every right to conclude that to him it is Buddha who committed the unlawful actions. As Lord Krishna says ‘It is foolish to think that we are the sole-doers.’ Those driven by money would tend to think they did it all by themselves. Where the Energy is stronger than the visible influences – we do not know who did it. We do not need to know. All we need is belief in our own Sovereign Energy. Energy is Sovereign and its passage and existence could  only be felt through belief through one form or the other.

When we go from one class in school to the next – we do not take the classroom with us. Likewise, when we go from one physical form to another. If LTTE is investigated now at money level – then it is the parallel of Mrs Vijayakala Maheswaran’s expressions – to bring back the LTTE. Why should one be punished and not the other?

Gajalakshmi Paramasivam

18 September 2018

Lord! Did you hear my Prayer?

[The Tamil Tigers were notorious for carrying out suicide bombings and recruiting child soldiers, but to many Tamils - both within and outside Sri Lanka - they were heroes.] – BBC article ‘Sri Lanka war: I wanted 'my side' to lose

The problem is NOT with the Tigers but with the likes of Mr Jude Ratnam maker of film ‘Demons in Paradise’. The way Mr Ratnam included ‘himself’ with the Tamil side in the war – Justice Weeramantry also included himself as follows:

[We have grown accustomed to war that we do not see it as the barbarism, the absurdity, the bestiality, the outrage to all civilized values, the savagery, the human catastrophe that it really is." Professor C G Weeramantry- Judge of the International Court of Justice.] – quoted in The Island article ‘Do we need a counter terrorism law that will target mainly Sri Lanka’s Sinhala extremists?’

In both instances/pathways  – to the extent the makers are driven by the outcomes, they do not identify with the spirit. We have to become part of the problem through victims or perpetrators to be part of the solution. In many ways, both sides to this part of the war – won because now majority civilians  fear weapon based war. Even though the Constitution states ‘Buddhism foremost’,  in action Sri Lanka has become ‘weapons foremost’ country. How does one reconcile between the two?

On 21 September 2004, Professor Weeramantry quoted Gandhi as follows:

["To you, young Ceylonese friends, I say, don't be dazzled by the splendour that comes to you from the west. Do not be thrown off your feet by this passing show".] The Relevance of Ahimsa – published by Daily News on 04 October 2004.

To me it was no coincidence that I read this article and responded to it concluding as follows:

[AHIMSA is not absence of physical war. It is absorbing other people's mistakes by doing extra work to make up for their unearned benefits and absorbing losses through one's personal credits - to become the whole.]

Professor Weeramantry was honoured as follows by Australian leaders:

[His Excellency Christopher G Weeramantry, until recently a judge and later Vice President of the International Court of Justice, has received the rare honour for a non-citizen, of appointment to the Order of Australia.  On 28 November 2003 it was announced by the Governor-General of Australia that Judge Weeramantry had been appointed an honorary  Member in the General Division of the Order.]

Earlier that year – my complaints to the NSW Administrative Decisions Tribunal, as a victim of Racial Discrimination at the workplace (University of NSW) was dismissed – as lacking in substance. I was already an Australian citizen by then. I forewent  future employment opportunities to uphold my Truth in a migrant county. I endured the punishment.

Whilst Justice Weeramantry – who was NOT Australian by law at that time, was honored as an honorable Australian – I was demoted by the Australian authorities to foreigner status – as Sri Lankan.  That is the gap between the Right Answer and the Truth of the Australian Government and the Judiciary. Justice Weeramantry got citizenship in the ‘educated’ community of Australia through the Right Ticks from those to whom the law was pathway to high status. In turn I got citizenship with the victims of unpracticed laws – including Racial Discrimination Act 1975. This was confirmed by Daily News publishing my response on 01 November 2004 – when I was sent by the Waverly Local Court to be assessed for mental illness. At Prince of Wales where I had positive working karma,Dr. Peter Vaux who had the status,  declared that I was a follower of Gandhi. I did not know then that Daily News had published my work. But the timing confirmed that the system of Truth – to which Gandhi contributed strongly – had supported me through fellow Australian Dr Peter Vaux. This happened again this time in Northern Sri Lanka about which I wrote to the Registrar of Mallakam District  Court as follows:

[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.]

When we listen to our Truth and clear the way of Maya (delusions) we experience the Truth – which then confirms that we are absolutely right. Outcomes without belief are Maya. There was much of it in the status attributed to and accepted by Justice Weeramantry in 2003 – by leaders who did not have the authority of Truth to do so. Likewise, in Northern Sri Lanka, where the Courts unlawfully took-over power to Administer the Estate of my brother in law while ruling that no Administration was needed for the wealth in Sri Lanka. The system of Truth helped me ‘catch red handed’  the Court officers who were following the orders of the Judge – as if they were the Administrators. The wonderful experience I had was that Truth comes to us and leads us once we are independent of  outcomes that are not supported by belief.

In essence, the Lord heard my prayer. A Northern Tamil to whom the Tamil Tigers are heroes – because he does not have a higher measure – asked me this morning about a dream he had had this morning. It was in essence – about the voice from our  temple altar saying that if he planted a ‘Soolam/Trident’ in the altar  from where the Trident had moved – he would not realize his higher self. The young father was upset – and asked me to interpret for him. I said that the message was to be influenced by  the ‘Spirit’ and not the form.

I tried to communicate this in many ways – but that community was not receptive as they were driven by immediate outcomes. Ex-Minister Mrs Vijayakala Maheswaran was invoking the ‘form’. There was a change in the receptiveness of this community between my previous visit and this one. I said that if they followed the form – that Mrs Maheswaran was showing then they would not enjoy true self-governance.

Likewise in the case of Mr Jude Ratnam – to the extent his motive in making this film is popularity and money  - it would give him admission with the perpetrators’ club – including from within the rebel ‘community-in-waiting’ for the next war. But that would stop well short of the Truth – that at citizens’ level – Tamils and Muslims and Sinhalese are integrating at business level – due to commonness in war pain. The Lord heard their/our prayers.