Gajalakshmi Paramasivam

05 July  2020

Rajeewa Jayaweera’s Truth that the Media was blind to

The ocean means many values to us – each as per their belief. When recently a Muslim contractor expressed appreciation for the ocean view from our home unit – I said I meditated on the ocean from that spot. During the discussion the Muslim revealed that he believed that by fasting he was recognizing that there were others who had less to eat. How it would to fill the gap is not seen nor known. But the fact that he fasts, confirms his belief that it works.

To me it is like me writing without expecting credit in return. I ensure that I am right as per my true measure – based on prior experience. Then when I write  I share that experience which would empower the targeted readership. That to me is the core value of any medium of communication. The way the above mentioned Muslim guy does not know that his fasting makes a difference to those who have less than himself – I also do not know intellectually or physically that my service reaches the needy. But my belief that motivates me to keep writing confirms to me that it is of value. If I wrote just for style, status or money – I would not continue. I would stop due to lack of motivational power.

This morning, Lanka e news article ‘The dead body found at the independence square is a suicide or a homicide?’ came to my attention through the Tamil Diaspora who do care about Sri Lankan standards that we have contributed to. I first had knowledge of Rajeewa’s death on 13 June through the Island editorial. On 24 June, the report ‘Public Tragedy or a Personal Egress?’ came to my attention and I responded under the heading ‘Suicides – Public or Private’ . Now today, I am being taken to a deeper common level through the Lanka e news article. Once we complete each step truthfully – we are promoted to the next level towards universal power of truth.

The Lanka e news article of 12 June raises doubt as follows:

[However, can a printed letter without his own handwriting be taken as evidence of a person's suicide? An assassin can send text messages by snatching the victim’s phone. Why didn’t his brother get alerted about the text message he received last night? There are many unresolved doubts. Therefore, it is the responsibility of the police to reveal the truth without a doubt through a proper autopsy, is a suicide or a planned murder.]

Rajeewa in the mind of  the above author was presented as follows:

[The deceased Rajeewa Jayaweera is the son of former public administrator Stanley Jayaweera and nephew of former administration official Neville Jayaweera. He was a former senior manager of Air Lanka. His wife lives abroad. Rajeewa is a writer of a pro Rajapaksa website which is under the defense intelligence pay scheme, which implies to operate from overseas but operates locally and a frequent contributor to the famous English newspaper the Island. He was pleased with the return of Gotabhaya Rajapakse, in a letter in April the latter said Gotabhaya Rajapaksa must be strengthened to overcome the Kovid-19 epidemic. He also stated that Gotabhaya could gain two third parliamentary power, if the country was liberating from the epidemic with fewer deaths.]

If the above is false the President had the duty to publicly negate it. If true, the doubt that it could be murder is indicated by the following in Rajeewa’s April article ‘‘Empower The President To Manage Covid-19’,  in which Rajeewa Jayaweera highlights as follows:

[Despite these early signs, Sri Lanka geared itself for parliamentary elections and made merry without introducing necessary preventive measures. Mandatory screening of incoming Chinese, South Korean, and Italian passengers did not commence till March. Chairman Civil Aviation Authority announced strict screening for all incoming passengers without exemption only on March 12.  

That was one day after the first Sri Lankan, a tourist guide, was diagnosed with the virus on March 11. He had contracted the disease from a group of Italian tourists he had accompanied earlier on. 

A ban on Italian tourists from entering the country was not implemented until March 13 despite Lombardy being in Stage 3A (Cluster stage) by February 21.

Meanwhile, we were busy playing ‘big matches.’ One is unable to fathom why the President did not issue a directive to cancel all cricketing encounters scheduled in March. ]

And also:

[Unlike western countries (even they are reeling under the virus), our country’s health system is not geared to cope with the virus in the communal stage. What we would do with 2 ICU beds per 100,000 persons when Italy could not manage despite having 12.5 ICU beds per 100,000 is mind-boggling.

The worst affected countries have not introduced curfew but have opted for strict lockdown mechanisms. Citizens are permitted to visit supermarkets and pharmacies in the vicinity. ]

When I highlighted the above on 24 June – I read it as criticism of the Government. But today I realised that Rajeewa was actually separating the People from the Government and was blaming the People as a separate entity the government. Through the above Lanka e news article – it is indicated that money was paid to Rajeewa. By effect Rajeewa confirmed separation from the people and hence blaming the people for not controlling the virus, while he praised the President of deserving greater powers to ‘control’. The frustration happened when Rajeewa himself lost confidence that he could cure himself. That precondition – already in his mind, was expressed through his article of 05 April – as if he was blaming the People as a separate group.

Even though I had not read Lanka e news report until today, I also connected to the article by Rajeewa – to which I responded on 06 April. Today, when I read that article of 05 April by Rajeewa the picture is clearer – that it is NOT the Rajeewa known to me through our Common investment in Air Lanka. That Rajeewa would have had the strength of mind to oppose and to live life to the full.

My question is  - how come the Island was blind to the deterioration in one of its contributors or did it cover up the truth? Whichever it may be – the Island is ranked way below Lanka e news in its eligibility to Press Freedom. Freedom is the entitlement of those who rank Truth above all else – including the rights and wrongs as per law.

Effectively Rajeewa joined Murugathasan Varnakulasingham who set himself on fire to become the torch that would guide us. Rajeewa lit himself as the torch on 05 April 2020. He knew what would happen to his body thereafter.  

Gajalakshmi Paramasivam

04 July  2020

Viyathmaga v Democratic Parliament

“President Gotabaya Rajapaksa and Premier Mahinda Rajapaksa required parliamentary control plus a faithful team capable of implementing the President’s vision for post-war Sri Lanka, Sri Lanka Podujana Peramuna (SLPP) Gampaha District candidate Dr. Nalaka Godahewa said. Addressing a series of pocket meetings in the Gampaha district over the past couple of days, Dr. Godahewa explained that the successful implementation of President Gotabaya Rajapaksa’s manifesto required the SLPP to gain parliamentary control.

 Dr. Godahewa is among about a dozen members of the civil society group Viyathmaga in the parliamentary polls fray. The SLPP accommodated two Viyathmaga members former Governor of the Central Bank Ajith Nivard Cabraal and Dr. Seetha Arambepola on the National List.” – Island article ‘General election 2020: Electorate urged to vote irrespective of party, religion to make govt. strong ‘Country cannot afford to have House opposed to Prez’

In 2017, Dr Nalaka Godahewa ‘told’ the non Sri Lankan representative of Tamils –- that the latter was not speaking from the heart. https://www.youtube.com/watch?v=H6YEe_G2t1w. That representative was ‘told’ that one who ‘took’ money did not have the authority to speak at the UN.

I identify with that measure of ownership. But to my mind, saying  that away from the UN structure  amounted to ‘bullying’ – the very accusation that David – the non Sri Lankan – reorerepresentative – was alleging against the government. The likes of Dr Godahewa may not recognize that non Tamils the right to speak on behalf of Tamils at the UN.  But when Murugathasan Varnakulasingham who was then 26 years old travelled to Switzerland in March 2009, to set himself on fire at the Place des Nations in Geneva and stated the reason – it gave Tamils the permanent mandate to be heard at the UN. Murugathasan wrote:

"We Tamils, displaced and all over the world, loudly raised our problems and asked for help before [the] international community in your own language for three decades.

"But nothing happened... So I decided to sacrifice my life... The flames over my body will be a torch to guide you through the liberation path."

 When I learnt about the above experience – I cried. I cried because I felt his problem as mine. But because I am capable of lifting my emotions to knowledge level – as per my own standards – I would not commit suicide. The thought did cross my mind, during my pain at the University of NSW. But my belief in truth/god  protected me from seriously contemplating it.   Hence I would not dismiss such experiences by others. But Dr. Godahewa did.

To my mind, if the likes of Dr. Godahewa become part of  Sri Lankan politics – ethnic divides would widen exponentially. Unlike self-sacrificial Murugathasan, these so called professionals who are driven by status and controlling authority, abuse intellectual powers towards controlling fellow Sri Lankans who lack intellectual status.

LTTE was also such a group.  Had the government treated them as juniors – they would have disciplined them. But since the government treated them as outsiders – they are stagnating at that level of governance.

If the elimination of LTTE was on behalf of all Sinhalese – overwhelming majority power would have been a natural reality for this government. Dr Godahewa’s ignorance of the system of Belief is demonstrated as follows:

 “Dr. Godahewa said that if not for unprecedented crisis caused by highly contagious coronavirus, the President could have had secured parliamentary control in April.”

The virus was a sample taste of  Executive Power of the President. Divine powers manifested the saying ‘Man Proposes, God disposes’.  When something is exponential in growth – one knows that Belief based powers lead the manifestation. If indeed – Sinhalese elect ‘controllers’ of parliament – then one is entitled to conclude that they are enemies of Democracy. Democracy requires Equal Opposition. Where this is not the case – the law empowers the junior to become Equal through intellectual power. That was how Tamils became Equal power in National Parliament – not once but twice during my generation. If  Sinhalese vote for control over themselves – then mentally minorities would extend their communities to others who value democracy. Thus they would become global powers at their respective levels. This could mean ISIS leadership for Muslims, Marxist leadership for Sinhalese and  Indian leadership for Tamils.

Gajalakshmi Paramasivam

04 July  2020

Easter Sunday Genes in the UK?

I received the report from Vaddukoddai in Northern Sri Lanka, that a young girl of 19 who is one of our  trainees had run away from home – with her 20 year old boy friend. Now that there is a different law and order in Northern Sri Lanka – I was not shocked by the news. I did however feel for the parents of the girl and contacted them. I counselled the mother over the phone and communicated to her that I did not think  ill of the family or the girl. I said – since as per their assessment – the boy was of acceptable character - to ensure that they make the relationship official. I highlighted other worse examples in their neighbourhood and strongly advised that they not feel bad about it after having done their best for their daughters. I stated also that it was not uncommon here in Australia for young ones to live together. I felt that it was important to show them a pathway through which they could protect their own investment in a lasting marriage relationship. Towards this, I needed the truth from both cultures. This is also the case with ‘Terrorism’ activities.

The Hindustan Times carries a report headed ‘Life term for UK convert who plotted Sri Lanka-type blasts’:

[A Briton who converted to Islam and later plotted to bomb three busy places in London of the kind carried out in a Sri Lanka church in 2019, was on Friday sentenced to life imprisonment, Scotland Yard said following a judgement in the widely-followed case.

Safiyya Shaikh (born Michelle Ramsden), 37, will serve a minimum of 14 years before she is considered for parole for the plot to carry out terror attacks at a London train station, a hotel and the St Paul’s Cathedral, besides disseminating terrorist material online. She had pleaded guilty in February.

Commander Richard Smith of the Counter Terrorism Command said: “This case is a stark reminder that the threat from terrorism remains as real as ever. As the lockdown restrictions ease and our public spaces start to open up again, it is vital that the public remains vigilant and reports anything suspicious to police - we need your help.”]

Safiyya Shaikh needed to be a global minded Muslim or a Sri Lankan by feelings to be influenced the root, by the Easter Bombings in Sri Lanka. As per the above report – the young lady was neither. Her own reasons were shaped by her experiences in her own environment. To claim that  the young lady was influenced by the Sri Lankan experience is as evasive as the claim that the Sri Lankan attack was influenced by ISIS. Both cover up the truth.

As per the Island article ‘Retired CA judge Gafoor says UNP hierarchy alerted to extremism, but to no avail’ on this subject matter:

[Retired Appeals Court judge, M.M. Abdul Gafoor and several Muslim leaders met former Ministers Mangala Samaraweera and Sagala Rathnayake in 2016 and informed them of a young man who pledged support to ISIS  and his associates, the Presidential Commission of Inquiry (PCoI) investigating the Easter Sunday bombings was informed, yesterday.

Gafoor told the PCoI that, in 2016, one of his former school teachers had called him and said that her son Aashik had pledged support to ISIS and threatened to kill her when she asked him to reevaluate his beliefs.

"She said that he was working with a group of people. This was a serious situation and I spoke to a Muslim businessman who had links to the highest echelons of power. He then consulted several intellectuals and suggested that we meet then foreign minister Mangala Samaraweera. We met him and explained the situation."

The witness said that he had decided to meet a politician while being a serving judge because of the gravity of the situation. Gafoor added that given how violent those people were he thought it was better to inform the highest echelons of power.

"It was a young man, who had passed out from Peradeniya University. He had threatened to kill his mother and he had associates," he said.]

The young man Aashik had no respect for his mother. That generally is the case not only with Muslims but all those who enjoy the benefits of democracy but continue to live as per the habit of dominating over apparent minority powers including within the White Australian community here in Australia. Such flaws cannot be cured by outsiders. In the above instance Mr Samaraweera did not have the power to cure Aashik. To my mind, Mr Gafoor was driven by ‘showing’ he was doing the right thing instead of being that right thing – at least in his retirement. An insider would take ownership as if it were her/his problem. Aashik’s mother did not feel that ownership in wider society and Mr Gafoor did not feel that with Aashik’s current community of young rebellious Sri Lankans.

Many of us believe that the LTTE did team up with Mr Premadasa to defeat the Indian Peace Keeping Force (IPKF) and later ‘accommodated’ Mr Rajapaksa in 2005 Presidential elections:

 [After that, Wickremasinghe's only real hope of victory was through the support of the island's ethnic minorities, given his generally more conciliatory stance on the ethnic issue. He secured the endorsement of the main Muslim party, the Sri Lanka Muslim Congress, and the Ceylon Workers' Congress representing the estate Tamils. He could not, however, obtain the backing of the main Sri Lankan Tamil party, the Tamil National Alliance. Wickremasinghe's hopes for victory were effectively dashed when the LTTE ordered Tamil voters, most of whom would likely have voted for him, to boycott the polls.] Wikipedia

This pattern will continue so long as Rebels who show victory are elevated to power by the people out of desire or fear, above the real leaders who feel ownership. Once we feel – the Universal power of truth leads us and continuously endorses us from within – i.e. through our own conscience. The more we seek to ‘show’ the more dependent we become on those to whom we seek to show and then that ‘showing’ habit itself. If there is no one else – we show one side of me to the other side of me.

Karuna Amman’s natural habitat is war area. Hence his claim. Had he been genuinely valued – he would have been made a high official in the armed forces. But the government handed over political status as if it were a commodity. This made Karuna – fish out of water.

No amount of inquiry by this government would lead to lasting solution to the ethnic problem in Sri Lanka. In contrast the UNP stayed away from that which they knew they had ‘ignored’. Albert Einstein said ‘We are all very ignorant. What happens is that not all ignore the same things’.

When seniors lose interest in juniors, juniors become minorities. When Minorities become insignificant – and they have knowledge of this through real experience, they become experts in the areas where majority are weak due to negligence of duty. To the extent such Minorities remain within their earned positions as per their conscience - they are then supported by the system of Truth which is exponential in its power. Some such groups were supported by the Corona virus. But to claim credit that ought to have been in a ‘free’ environment and not one controlled to ‘show’ a particular outcome. Sri Lankan Navy showing negative outcome is confirmation that the Sri Lankan government ‘lost’ against Corona and that civilians won through their own powers.

It is foolish to fight against nature. One may manifest a different form of nature but not defeat a particular form of nature. This is because nature is exponential in power.

Gajalakshmi Paramasivam

03 July  2020

Tamil Accountability

Today is the birth anniversary of my aunt Mrs Padma Sanmugarajah. I paid my respects to aunty through the picture of Mother Meenatchi of Madurai in whom we have common faith. When aunty passed away, her children arranged for me to get that picture. To me, that is the highest form of inheritance.

Uncle  Sanmugarajah was General Manager, Ceylon Electricity Board (CEB). Uncle had a brilliant mind. Yet he had his share of  challenges to get there.  To me, the real value is in the hardship that we successfully overcome to get to those positions. Each time I experience difficulties with  Ceylon Electricity Board, I hurt as if uncle’s investment is being damaged. This did not happen to me in Colombo, nor to my parents when I grew up in Jaffna. It happens regularly now in Vaddukoddai, confirming weak Administration. This happens when one gets isolated from the architects of  the structures.

As per Economy Next news report headed ‘Government asks electricity consumers to pay their bills, relief measures will follow’:

[The government is asking electricity consumers to pay their bills in full for now until a proper method for relief is found, a senior Minister said.

Co-Cabinet Spokesman Bandula Gunawardena asked the electricity consumers to pay up now until a proper relief method for the payments is introduced by the Cabinet next week.]

When our bills were issued on 14 June 2020, I knew that it was way above the real cost. But I had also the experience of  the system itself – which cost me:

On 05 December 2017, I wrote in this regard, to the OIC - Jaffna:

[…….The latest Accounts are for the 3 month period 16-08-17 to 16-11-17

The charges for both accounts seem to have been calculated on the basis that they were for one month. This issue arose in February 2016 and we ended up paying Rs 5,755 more than we ought to have.   But because we needed the Electricity supply for lighting  reasons we paid up even though we disagreed with the bill. Since you blamed the camera system  for the fault – we have stopped using the camera system also.

This time it has happened again in respect of both Accounts. Last time the temple meter was not working but you covered up and later installed a new meter for the temple and locked the meter box  of the second system – as if we were the ones at fault.

  I strongly protest against this and expect you to credit our account after deducting the rate  calculated at the average of previous three months when the meters were read regularly

I highlight also that some of your meter readers contacted me, to help them argue against their termination. They said that they got to know about my credibility after reading the letters I wrote in February 2016. I declined by saying that they did not stand up for me back then and hence were not entitled to my support now.  ]

The February 2016 communications were in Tamil and I made the extra effort to write in Tamil. Nothing happened to amend the bills. I escalated the matter to Colombo level of the CEB. Nothing happened in terms of the excessive costs. I believe, when I gave up – the weakness became natural and hence it happened again. Had they addressed it back then, today’s problem would have been prevented on the basis of Jaffna problem and solution.

The problem was accounting. Instead of averaging it out and then applying the rate for each month the marginal rate was used as if it were one month’s consumption. The parallel of that is to allocate the credit for managing the virus problem solely to the credit of the President instead of sharing with electorates that managed themselves.

If Tamil Eelam was a reality – the credit for Tamil areas would have been allocated to LTTE supremo. Karuna trying to take credit was due to this ‘habit’ of taking credit.

Article 3 of the Sri Lankan constitution states:

[In the Republic of Sri Lanka sovereignty is in the People and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise. ]

The real franchise is exercised in every experience where we are juniors – as I was with the CEB in Northern Sri Lanka. Now I am satisfied that it also added to government accepting ownership of the problem. But it can cost them votes. Real governance happens through every person who governs at least her/himself. The level of that contribution to governance / sovereignty is as per the measure used by that person or group. In the above instance – mine was  professional and the CEB’s was habitual other side of the consumer. My karma is kept ‘in waiting’ until a true heir needs it.

Yesterday, a Tamil Diaspora leader shared with me the following message:

[HOW GOD BLESSED AUSTRALIA

God is creating the world, and he talks to the Canadians. He says to them “You will have the best land ever. It is beautiful, in the summer it is warm and in the winter it snows beautiful snow flakes. It is called Canada. You will have prosperity and food for all your days.”

He then gets the Australians, and says to them “I give to you Australia. You are isolated, and the land is a desert. You will work every day and will get very little in return. It will be harsh, but you will be hardened by it. You will find it hard, but you will call it home.”

The Australians reply “This is so unfair, why do the Canadians get good land and prosperity and we only get the harsh land, the scraps!?”

The God replies “They do. But I didn’t tell the Canadians about their neighbors.”]

Australia that is attractive to Tamils and other migrants was made by migrants – starting with British migrants. It is true that from time to time there is injustice – especially through racism. But taken with the positives in law and order – racism is like a pin-prick. Tamil leaders who are promoting Genocide purely on the basis of experience of indigenous Tamils – would lose the higher structures of law and administrative order by those who emigrated to Colombo and beyond and continued to value their indigenous areas as their ‘home’. So long as this value is stronger than the value of those currently living in those areas – we were NOT defeated by Genocide – including due to rebels who killed the heirs of global law and order.

Truth alone is stronger than the power of global law and order. Not rebel laws nor military laws.

Gajalakshmi Paramasivam

02 July  2020

China Money & Jaffna University

Yesterday I quoted as follows:

Article 356 of the Indian Constitution begins as follows:

[356. Provisions in case of failure of constitutional machinery in State

(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation

(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;………………………….]

The above picture came to my mind when I read the Tamil Guardian report headed ‘Sri Lanka’s Supreme Court hears petition by Jaffna University lecturer appealing practice ban’

The matter before the court is presented by the Tamil Guardian as follows:

[Sri Lanka’s Supreme Court began hearing a Fundamental Rights Petition filed by Jaffna University senior lecturer Dr Kumaravadivel Guruparan, challenging the decision of the University Grants Commission and University of Jaffna to bar him from legal practice.

Last year, the senior law lecturer and prominent civil society representative was barred from engaging in private practice following pressure from the Sri Lankan military, after he took up a public interest habeas corpus case into the 1996 disappearance of more than two dozen Tamil youth.

…. On August 21, 2019, the military sent a letter to the University Grants Commission (UGC) asking whether Kumaravadivel Guruparan, Senior Lecturer and Head of the Department of Law at Jaffna University, had permission to engage in private practise. Acting swiftly, the UGC that very same day forwarded the letter to Jaffna University.]

The said letter is as follows:

As per my interpretation this is common to all law academics and is the parallel of a policy in National Parliament - that has words to the effect ‘Members of Parliament’ are permitted to engage in Notary work but are not permitted to practice as ‘Attorneys at law’. To my mind the parallels in my profession are book-keeper and Accountant. The latter represents the whole profession.

In principle, is the above a just  order? If  as Dr Guruparan seems to claim – it is ‘no’ why not?

On 03 April 1980, the UGC wrote as follows to the Universities, through circular 69:

[The opinions of the Attorney-General were sought as to:

1. Whether the University Grants commission and the higher Educational Institutions were Public Corporations; and

2. Whether Circulars and Circular Letters issued by Ministries and departments thereunder, containing decisions and instructions binding on department, Public Corporations and statutory bodies, were binding on the University Grants Commission and the Higher Educational Institutions.

(2) In regard to the issue at (1) above, the Attorney-General has ruled that the University Grants commission and each Higher Educational Institution is a Public Corporation within the ambit of article 170 of the Constitution of the Democratic socialist republic of Sri Lanka.

(3) As for (2) above, the Attorney-General has expressed the opinion that where such Circulars and Circular Letters deal with the management of internal affairs of the University grants Commission and the Higher Educational Institutions, the provisions of the Universities Act, No. 16 of 1978 will supercede instructions contained in such Circulars and circular Letters, but that it was open to the commission and the Higher Educational Institutions to adopt and to act upon any such instructions as are not inconsistent with the provisions of the aforesaid Act.]

To my mind, the above clarification confirms that Government does not have the authority to directly administer the Universities. It however has similar powers to those provided for under article 356 of the Indian Constitution. As per the above mentioned article 170:

[“public corporation” means any corporation, board or other body which was or is established by or under any written law other than the Companies Ordinance, with funds or capital wholly or partly provided by the Government by way of grant, loan or otherwise;]

The above is like the China situation in Sri Lanka. It can ‘give’ money but not make policy including directing as to how that money is to be spent. There are arguments here in Australia also over Labor MP - Mr Shaoquett Moselmane’s connections with the Chinese leadership. In essence one sovereign entity has no right to influence through ‘free money’ – a member of another sovereign entity. Free money is allowed only internally within a sovereign unit.

In the case of Democratic Parliament and Judiciary – they are two sovereign entities due to the respective roots being different. Former is place based and is current local through electoral power. Latter is time based and is ancestral. Hence the Doctrine of Separation of Powers – as required between nations – such as China and Australia.

But for Administration – courts do come under the Executive Government. Not for Governance. That in essence is Article 356 of the Indian Constitution. In the case of Ratnasingham Vs Tikiri Banda Disanaike and Others – report in 1998 1 SLR – Justice Feernando concluded  as follows:

 ‘Whether a grant of probate or administration ought to be made is a question of administration; how the estate devolves is a question of succession. The fact that the latter is a matter (and that, too, not exclusively) for the courts of the domicile does not mean that the former is also a matter for them. Whether a will should be admitted to probate is governed by the rules relating to administration’

The UGC which is the parallel of  the President of India and the individual universities are the parallels of  States. Hence the question is whether UGC has the authority to make a governance order to individual Universities which are confirmed to be sovereign units ?

Every university has the duty to meet the needs of its local community and through such service connect to National and Global values – in research and teaching. The practice of law in terms of fundamental issues particular to that region – in this instance Jaffna, is part of the Governance needed by Jaffna. The Governing Council of the University of Jaffna has the responsibility in this issue and not the UGC. In this instance the UGC acted like the government that dismissed the Chief Justice.

Gajalakshmi Paramasivam

http://austms.blogspot.com.au/

01 July  2020

Awakening of the Law by Buddhist monk and LTTE

Most of us are familiar with De facto government including in Tamil areas of Sri Lanka during the war period. Not many of us consciously identify with De Jure government. To my mind, the best example of  De Jure governance is Article 9 of the Sri Lankan constitution.

I looked up its parallel - Article 356 of the Indian constitution when studying the case law S. R. Bommai v. Union of India, highlighted by Mr N Sathiya Moorthy through his Colombo Gazette article ‘President's powers and Parliament’

Article 356 of the Indian Constitution begins as follows:

[356. Provisions in case of failure of constitutional machinery in State

(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation

(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;………………………….]

Mr Sathiya Moorthy  concludes about the 2018 Constitutional challenge in Sri Lanka:

[In simple terms, in the said case, a seven-Judge Bench of the Supreme Court unanimously declared that the President did not have the powers to dismiss an elected Government. Instead, the court insisted that Parliament alone was the forum to decide the majority of a Government in office.]

The Indian parallel is presented as follows by Wikipedia:

[S. R. Bommai v. Union of India ([1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1) was a landmark judgment of the Supreme Court of India, where the Court discussed at length provisions of Article 356 of the Constitution of India and related issues. This case had huge impact on Centre-State Relations. The judgement attempted to curb blatant misuse of Article 356 of the Constitution of India, which allowed President's rule to be imposed over state governments]

To my mind this is very relevant in the ‘Dismissal’ in Australia - of the Whitlam government by the Queen’s representative in 1975.  In essence it was a battle between Governance and Administration. In the Bommai case the court set down the following standard amongst others:

[Article 356 is justified only when there is a breakdown of constitutional machinery and not administrative machinery]

The parallel of the above was discussed by the Civil Appellate High Court in the Testamentary case of my brother in law Subramaniam Yoganathan as follows:

 [10) It is submitted, on behalf of the 02^nd Respondent-Respondent that even though, the value of movables in Sri Lanka is about less than a Million the Law does not clearly permit the monies lying in Barclays Bank to be subjected to jurisdiction and administration by the Sri Lankan Court. It is for the Probate Court of U.K.  to administer same. It is untenable to combine, the monies lying in U.K. and in Sri Lanka, to make it appear, the value of Assets (movable are more than Rupees Four Million Rs. 4,000,000/-) and to claim for Letters of which is contrary to Law

11) This had been fully analysed by the Late Supreme Court Judge Hon Dr. Mark Fernando in his judgment Ratnasingham Vs Tikiri Banda Disanaike and Others – report in 1998 1 SLR]

And

[In their submission at folio 46 of the Brief – the Petitioners refer us to the case law Puthathampy et al v Milvakanam et al – details of which are at folio 61 of the brief

The Hon Judge states in that:

‘Thesavalamai undoubtedly is the law governing inheritance in the Northern Province, but subsections 5 and 7 of section 1 seem to me silent as to the succession of remote relations to each other. 5 and 7  deal only with the succession inter se of members of the same family, father and mother, brothers and sisters.

I presume that when the Thesavalamai is silent the law of succession in the rest of Ceylon must be applied; If so then the first and second plaintiffs should get one-third, the fourth defendant one-third, and the first, second, and third defendants one-third.’]

In essence, Governance law is belief based and hence applies to Succession. Administration need not be purely on belief but may include intellectual logic. Wikipedia highlights the warning against Article 356 as follows:

[Bhimrao Ambedkar, chairman of the Drafting Committee of the Constitution of India, referred to Article 356 as a dead letter of the Constitution. In the constituent assembly debate it was suggested that Article 356 is liable to be abused for political gains. Ambedkar replied, "I share the sentiments that such articles will never be called into operation and they would remain a dead letter. If at all they are brought into operation, I hope the President, who is endowed with these powers, will take proper precautions before actually suspending the administration of the provinces. I hope the first thing he will do would be to issue a mere warning to a province that has erred, that things were not happening in the way in which they were intended to happen in the Constitution. If that warning fails, the second thing for him to do will be to order an election allowing the people of the province to settle matters by themselves. It is only when these two remedies fail that he would resort to this article."]

There are many parallels of such abuse in Sri Lanka – including the ‘pardoning’ of Karuna Amman by the then President and his brother the current President of Sri Lanka. The pardoning happened for Administrative purposes and was an abuse of governance powers. This ‘pardon’ happened despite the massacre of Buddhists in 1987 in Ampara District where Karuna Amman declared his truth as per his customary law – that he killed thousands of Sri Lankan soldiers. Wikipedia presents that case as follows:

[The Aranthalawa massacre was the massacre of 33 Buddhist monks, most of them young novice monks, and four civilians by cadres of the rebel Liberation Tigers of Tamil Eelam organization (the LTTE, commonly known as the Tamil Tigers) on June 2, 1987, close to the village of Aranthalawa, in the Ampara District of Eastern Sri Lanka. The massacre is considered one of the most notorious and devastating atrocities committed by the LTTE during the history of the Sri Lankan Civil War, and continues to be commemorated 20 years on.

The Aranthalawa Massacre took place on June 2, 1987, when a bus carrying Buddhist monks and a few unarmed civilians was ambushed by 20 armed LTTE cadres near the village of Nuwaragalatenna, led by an LTTE leader named Reagan. They then ordered the driver of the bus, which was carrying the monks on a pilgrimage from their temple in Mahavapi to the Kelaniya Raja Maha Vihara, to drive into the nearby Aranthalawa jungle. After the bus stopped, the LTTE cadres went on a rampage, attacking the monks with guns and swords and also shooting some of them with machine guns.

Among the dead were 30 young novice monks and their mentor, the Chief Priest of the Vidyananda Maha Pirivena, Hegoda Sri Indrasara Thera. Four civilians who were traveling in the bus were also among the dead.

Three monks who escaped the massacre sustaining critical injuries continue to require medical assistance. Another monk was permanently disabled]

If  the Rajapaksa government had believed in the Buddhist community of Sri Lanka, more than the Army community  - it would have either not pardoned Karuna Amman or would have pardoned all involved in the armed war – as if they were part of themselves. Karuna was effectively used to claim victory over LTTE. That is in breach of laws of belief based governance. In this instance it was in serious breach of article 9 of the constitution which is a governance article for Buddhists which promotes loyalty through common culture.

As per Ceylon Today article ‘FR petition filed against LTTE members responsible for

Aranthalawa massacre’ the above karma has been awakened:

[A Fundamental Rights petition was filed in the Supreme Court today (30) requesting that a court order be issued directing the Acting IGP to take steps to file cases against LTTE members who assassinated 31 Buddhist monks in Aranthalawa, Ampara, in 1987.

The petition was filed by Ven Andaulpatha Buddhasara Thera, a Buddhist monk who survived the massacre.

Acting IGP C.D. Wickramaratne, State Intelligence Service Director Suresh Sallay and Attorney General Dappula de Livera have been named as respondents in the petition.

In the petition, the Thera said that many LTTE members responsible for the Aranthalawa massacre are still alive and that so far, the law has not been enforced against them.

The Thera further demanded a Rs 20 million compensation from the government for the fundamental rights violations caused by the incident.]

The Attorney General represents the President. If there is a case against the President for what happened in Ampara in 1987 when Mr J R Jayewardene was president. Like the land - Governance karma is carried by a governance position. Where one is active in one’s current environment – as per its rules – that karma remains passive. Hence the Tamil saying Vithiyai matiyaal velalaam/ Fate can be overridden by the intellect. Where one develops positive karma in current environment – it offsets the old negative karma. But it cannot be negated by Administrative credit.

Much has happened since the above, in terms of Governance power – starting with Indo-Sri Lanka Peace accord in July 1987 when a Navy officer  attacked Indian Prime Minister. That officer was pardoned by President Premadasa. Such pardons weaken the Governance powers of that structure. This is often manifested as frequent changes in government. If one is seeking good governance, invoking De Jure powers needs to be as a last resort.