Thursday, 15 March 2018

Gajalakshmi Paramasivam

15 March 2018

Tamil Dowried Daughters Foremost
Buddhism Foremost


We were advised by our lawyer that the High Court of Jaffna turned down our Appeal against the ruling of Mallakam District Court in the Testamentary case regarding my brother in law Late Subramaniam Yoganathan’s Estate. This confirms to me that like the Buddhism Foremost clause in the Sri Lankan Constitution, the Dowry entitlement in Thesawalai Law also needs to be farewelled respectfully. Daughters who had equal opportunity to education, need to do the right thing and reject dowry and insist on equal distribution of common wealth if they are to prevent ‘welfare-mentality’.


When the law is abusive, one needs to take refuge in Truth. It was so rewarding to learn the following news about this system of Truth:


Practising the law irrespective of  the possibility of losing, does eventually satisfy our conscience and strengthens our peace of mind. This morning’s news about the Sri Lankan Tamil Refugee Family being ‘saved from deportation’ confirmed this true investment:


 A Sri Lankan asylum seeker family taken from a small Queensland town were pulled from a plane overnight, just minutes before they were due to be deported…..a last-minute legal intervention resulted in them being removed from the plane before it took off ……. Biloela residents held a vigil at 5.30pm on Wednesday, while a petition to return them to their home has reached almost 60,000 signatures’ – SBS News


This acceptance of the family as their own by the town of Biloela is what globalization through human values is all about. The family earned it through their harmonious family life and not by wanting to be ‘foremost’ or ‘special’.


I was happy because of my own thought-based contribution to prevent the deportation. The two outcomes – the failure by High Court of Jaffna to uphold the law of Thesawalamai – which carried the risk of ‘distress’ and the successful stay order due to the inclusiveness of fellow Common Australians – which carried the positive value of ‘eustress’ (good stress) - both came at the same time – to support my emotional balance. Both contributions were genuine on my part and hence the support of the system of Truth.

One of my readers in Norway wrote in response to my analysis of  Mr Gotabaya Rajapaksa in yesterday’s article headed ‘Australia Telling Sri Lanka?:


[Interesting writing....thank you...within this context how would one expect peace and reconciliation in Sri Lanka?
"Daily Mirror for example, reports that ‘Former defense secretary Gotabaya Rajapaksa said yesterday the main reason for most of the issues in the country was the result of following the advice of NGOs rather than seeking advice of the Maha Sanga. "
In today's Divaina Dilantha  he says "Sri Lankan state failed to create reconciliation as it followed international frameworks/sponsorships.....reconciliation should be created on the basis of Buddhism....."
I can't understand this guy...]

I also cannot understand the Jaffna Tamil Judiciary which upheld Rape Charges in respect to Tamils who caused deep suffering to Miss Vidya Sivaloganathan and her family and caused much anxiety to the community that the victims  were a part of,  upholding the judgment that denied the rights of  a woman (myself) whose lawful marriage rights were insulted and trodden on in the Mallakam District Court. The family member who induced such powers is now herself a widow – dependent on her children. The Appeal process was one pathway through which to prevent such abuses at family level and to quietly balance that karma for the Judiciary as a Common body.

The Jaffna Judiciary has upheld the claim of  daughters -  that they had equal rights as sons  to residual common wealth even after receiving dowry. My second marriage was used by lawyers who feared losing and desired winning by demoting the opposition.  I was effectively an orphan in Mallakam District Court and there was no strike by other lawyers against this injustice when I was reprimanded for alleged street-woman conduct by Magistrate Gajanithipalan. The Appeal process is a pathway through which this could have been rectified within Jaffna Jurisdiction. My needs based actions especially in terms of education and marriage within the Tamil community, led to me appreciating the ‘gender-balance’ that the system of dowry promoted in a family where education was denied on Equal footing to daughters who instead were groomed through  homemaking pathway to develop potential energy that supported those from their family who went out and worked. As per the system of Thesawalamai, the dowry indicated this potential energy to anyone who lacked belief in the family of the daughter and was therefore an ‘outsider’. Daughters who actively ‘claimed’ compensation for homemaking work made themselves outsiders to the family. It was this demotion that we set out to prevent and when we found that this was not possible refused to cooperate with at family level. But the Jaffna Judiciary upheld this and confirmed its own ‘outsider’ status to the law of Thesawalamai.

The failure to uphold the Thesawalamai law and/or the Truth,  confirms to me as to why Jaffna Tamils got brainwashed by armed groups that promised them self-determination which effectively was regime change from Politicians to Armed Militants decoratively packaged as ‘freedom-fighters’. These militants were brainwashed by Indian Politicians and in turn the militants brainwashed gullible Tamils who failed to protect their independence at family level.

The question that arises  within me is whether we have gotten so used to the ‘Dowry’ system that we are not able to let it go. Males who benefit from the dowry system also would not rule against it. It is the Tamil parallel of Buddhism foremost that Sinhalese Politicians have gotten used to.

Laws that facilitate upholding the Truth are positive laws. They would support their practitioners anytime anywhere. When such a person participates in a Court Process – the Court has the duty to become a ‘facility’ and not ‘judge’ or ‘tell’ the person. I have observed through my experiences here in Australia and more recently in Sri Lanka’s North, how the system of Natural Justice takes-over and reverses the judgment on such ‘tellers’. When victims of such ‘telling’,  pool their energies at the higher level – they have the higher experience and that is the ultimate win – as we know through Tamil National Alliance’s promotion as Equal Opposition in Parliament which happened because majority Tamils became victims of such telling not only by majority race but their own males who needed arms to uphold their superior status starting within their own minds and therefore killed and d
emoted politicians .

The Truth always empowers from within. At physical level, majority rule would uphold Truth only when it is a measure of ‘facts’ brought to the judge’s mind on Equal footing – meaning with zero invisible advantage. Buddhism foremost cannot be such a measure in a multi-religious forum. But Buddhism being Buddhism, would return the karma of abusers to such abusers. Mr Gotabaya Rajapaksa carries  that negative energy which would hurt anyone who votes to empower him – after knowing how disorderly his administration was. Every individual who exercises her/his rights gets the return as per her/his commitment or lack of it.  Mr Gotabaya Rajapaksa revealed his lack of positive energy to become ‘common’ by stating that he would give up his American citizenship to participate in Sri Lankan Presidential elections. One to whom Sri Lanka is equally or more precious than America would renounce first and know for himself what his priorities are. One who waits to know whether or not he would win is trading and is disqualifies himself  to make policy. Little wonder there was such disorder during the war against the LTTE.

Tuesday, 13 March 2018

Gajalakshmi Paramasivam

13 March 2018


Australia Telling Sri Lanka?


As per Daily Mirror report - the Australian High Commissioner to Sri Lanka, Mr Bryce Hutchesson today said it was time to lift the ban imposed on social media in the country.
SBS News report brings us the parallel news under the heading ‘Sri Lankan asylum seeker family 'given 10 minutes' to leave in Border Force raid’:
[At 5am on the morning of Monday March 5, a contingent of police, Australian Border Force officers and Serco guards arrived at the central Queensland home of Nadesalingam and Priya, and ordered them and their two daughters, nine-month-old Dharuniga and two-year-old Kopiga- both born in Australia - to leave.
Their visa had expired by a single day and it's claimed the family were forcibly taken without warning to an immigration centre in Melbourne, more than 1500km away. 
The Tamil Refugee Council said the family was given just 10 minutes to gather belongings from their home in Biloela, Queensland. ]

The reliability of Mr Hutchesson’s feelings about Sri Lanka is highly questionable. I have been going  to Sri Lanka regularly since 2003 and I rely on my intuition as a Sri Lankan – be it in Colombo in West, Batticaloa in East, Kathirgamam in South or Jaffna in North, to remain protected. In a country  where law and order has become ‘foreign language’ to a good proportion of citizens, one has to rely on one’s own Truth. Sri Lanka is driven more by emotions and less by discriminative thinking. The recent riots between Muslims and Buddhists have confirmed this yet again. Militant groups both in North and South ‘catch’ gullible Sri Lankans when the citizens are in the one-way emotional path and do so before the gullible  reach the two-way path to see how the other side of their actions would be received.

As a person common to both nations, I interpret the High Commissioner’s statement to mean that Sri Lanka is ‘normal’ now. It may be normal to Mr Hutchesson living within his protected circle and it may be normal to many of us. But is it normal to those on the one way path of emotions? The call is on the Politicians to make that decision.

Deporting a young family at this time is cruel. As per SBS news report:

‘The federal government said the family's asylum status had been under investigation for "many years", and was ultimately found to "not to meet Australia's protection obligations".]

Asylum assessments are strongly  subjective in terms of the applicability of the law on the side of the assessor as well as ‘facts’ on the side of the applicant. Expressions by Government representatives therefore play an important role when assessments are made. To an independent observer, the recent riots would strongly indicate the risk of Sri Lanka returning to war unless there is continuous, stable and reliable government.

Daily Mirror for example, reports that ‘Former defense secretary Gotabaya Rajapaksa said yesterday the main reason for most of the issues in the country was the result of following the advice of NGOs rather than seeking advice of the Maha Sanga.
That confirms the promotion of one-way emotional path. The report presents the following picture by the former regime:

[“The government has forgotten religious values, our culture and sovereignty and this has resulted in various issues within different sections of society, “he said and added that that during his time, they invited religious leaders to the defense ministry and sought their advice when the country faced serious issues like today.
Mr. Rajapaksa said it was pointless giving priority to Buddhism only in the Constitution.]

 One could conclude that the decisions made during the war against Tamils, were based on Buddhist leaders who carry the karma of one of their own killing a former Prime Minister of Sri Lanka.
Yesterday I received an article headed ‘Rahul Gandhi says he, his sister have ‘completely forgiven’ father’s killers’.

But until we as Independent thinkers know ‘why?’ we would not develop preventive measures to such killings, abusing the emotions of gullible citizens. Many of us know within ourselves that it was wrong of the LTTE to kill any unarmed  Leader, leave alone an Indian Political Leader. That is not different to the Buddhist monk killing the Sri Lankan Prime Minister. One who recommends that very leadership is promising another war.  Those who use religion  for their selfish reasons are making the religion their  servant. They would naturally need the letter of the law to ‘show’ their voters that they are committed to Buddhism.  

Mr Gotabaya Rajapaksa’s response to the question regarding Dual Citizenship is interesting:
[Ceylon Today -Q : However, you are a dual citizen and our law doesn't provide for such individuals to contest. Are you willing to give up your American citizenship?
Mr Rajapaksa - A: I have to give that up.]

If I were American I would strongly reject such a person. Likewise, if Mr Rajapaksa were Australian, I would mentally deport him to Sri Lanka where he has birth-rights. Instead, our officials are deporting members of a community who suffered untold suffering due to government forces headed by Rajapaksa family, wanting to ‘win’ against its own citizens and win by use of stronger armed power.  One side to the armed war is becoming restless and it would not take long for the other side to mobilize its own forces. This risk will remain so long as minorities – especially Tamils are also fooled by heroic talks of ‘freedom’.  Freedom at the cost of Independence of even one individual is ‘freedom lost’ to the Independent part of the group.

Monday, 12 March 2018

Gajalakshmi Paramasivam

12 March 2018

Geneva or University of Jaffna?


As per the latest news report from Ceylon Today:


[President of the Tamil National People's Front (TNPF) Gajendrakumar Ponnambalam left for Geneva on Friday (9), to hand over a petition, bearing 200,000 signatures, urging the United Nations Security Council (UNSC) to engage in investigating war crimes allegations]


The authority of the TNPF is as per the political mandate confirmed at local government level. The parallel of that in the judicial hierarchy is the Magistrates/Local  Court. As per my direct experience,  Northern Province Local Judiciary at that level, is seriously lacking in judicial logic. Taken at the urban level, the University of Jaffna confirmed this through its abuse of Section 45 (2) (xii) of the Universities Act No. 16 of 1978  by dismissing an academic on the basis of the authority of this section which prohibits the delegation of power to the Vice Chancellor for such action in the case of Teachers and Officers.


As per the letter of Dismissal signed by the Vice Chancellor as Vice Chancellor, the decision was made by the Council. Following, as per my knowledge, is a list of Members of the Governing Council – University of Jaffna:

List of Members of the Governing Council – University of Jaffna


1.Prof. R.Vigneswaran,Vice Chancellor, University of Jaffna,
2.Mr. Mano Sekaram,Council Member (External), University of Jaffna; 99X Technology, No. 65, Walukarama Road, Colombo 03.
3. Prof. V.Tharmaratnam,Council Member (External), University of Jaffna.  Sampanthar Candy, Karainagar.
4. Prof. S. K. Sitrampalam; Council Member (External), University of Jaffna; Araly South, Araly Vaddukoddai.
5. Mr. D.K.P.U. Gunathilake; Council Member (External); University of Jaffna,
C/O The Vice Chancellor, University of Jaffna, Jaffna.
6. Dr.P.Lakshman; Council Member (External), University of Jaffna.
 Consultant Cardiologist, 375A Muthuthambi Lane Navalar Road Jaffna.
7. Dr. S. Sivasegaram; Council Member (External), University of Jaffna.
No.02, Rheinland Place Colombo 03.
8. Dr. N.Jeyakumaran; Council Member (External), University of Jaffna.
Consultant Oncologist, No28, 3/1, Madankawata Road, Colombo 06.
9. Prof. S.H. Hasbullah; Council Member (External), University of Jaffna.
Department of Geography, University of Peradeniya, Peradeniya.
10. Dr. Aru Thirumurugan; Council Member (External),University of Jaffna.
246, 4/A Temple Road, Nallur, Jaffna.
11. Mr. V. Kanagasabapathy; Council Member (External), University of Jaffna,
C/O The Vice Chancellor, University of Jaffna, Jaffna.
12. Mr. S. Rangarajah; Council Member (External), University of Jaffna.
No. 07, Muthalliyar lane, Chundikuli, Jaffna.
13. Dr. Devanesan  Nesiah,Council Member (External), University of Jaffna.
19/1, Col. T.G. Jeyawardena Mawatha, Colombo 03.
14. Mr. N. Vethanayahan,Council Member (External), University of Jaffna.
District Secretariat, Jaffna.
15. Mr. M. Kanapathippillai,Council Member (External), University of Jaffna.
24/3/1/1, Frankfort Place, Colombo 04.
16. Ms. S. Abimannasingham,Council Member (External), University of Jaffna,
C/O Bar Association of Jaffna; New Court Complex ; Jaffna.
17. Mr. V. Kandeepan,Registrar, university of Jaffna.
18. DR. T. Mangaleswaran,Rector, Vavuniya Campus, university of Jaffna, Vavuniya.
19. Prof. (Mrs.) T. Mikunthan,Dean, Faculty of Agriculture, university of Jaffna.
20. Dr. K. Suthakar,Dean, Faculty of Arts, university of Jaffna.
21. Dr. A. Atputharajah,Dean, Faculty of Engineering, University of Jaffna.
22. Prof. G. Mikunthan,Dean, Faculty of Graduate Studies, University of Jaffna.
23. Prof. T. Velnampy,Dean, Faculty of Management and Commerce, university of Jaffna.
24. Dr. S. Raviraj,Dean, Faculty of Medicine, university of Jaffna.
25. Prof. J.P. Jeyadevan,Dean, Faculty of Science, university of Jaffna.
26. Dr. A.Pushpanathan,Dean, Faculty of Business Studies - Vavuniya Campus,
University of Jaffna, Vavuniya.


One is entitled to conclude that each one of these members of the Council made the decision and therefore each member’s ‘logic’ could be worked out from the above decision. The decision made had no connection to the law. The name of the law therefore was abused for personal purposes.


Members of the Tamil Community, who escalate the war-issue to the UN must believe in the UN as a global body and/or know through logical understanding of the Global Law – that Tamils have been wronged. As insiders of the Tamil Community TNPF must satisfy themselves that :

(a)   The damage claimed, net of LTTE attacks – is strong enough to be escalated to the UN

(b)  If they win at the UN level – the Jaffna Tamil Community is capable of using it for the community as a whole and not for selfish reasons – such as position in institutions with significant status.

To the extent LTTE and other militant groups contributed to the damage through armed attacks, the inquiry needs to be local – towards which the TNPF now has strong opportunity, due to its wins at the local government level.


As indicated through the above decision by the University of Jaffna, it would take a very long time for Jaffna to catch up with Global standards of Justice. Hence I conclude that the list of 200,000 signatures is towards pulling the wool over the eyes of the Tamil public whose self-esteem is low. Below is an excerpt of a  lesson I recorded for the younger generation who inherit my values:


[Bringing the structure into me meant that I inherited the opportunity.  Delayed enjoyment makes the benefit an inheritance.  I appreciated this more and more through the testamentary matter in relation to my brother in law – Yoganathan.  Yoganathan‘s  sisters who to my mind were  pampered on the basis of Thesawalamai – the customary law of Northern Sri Lankans which included the allocation of dowry to daughters when they got married, sought to influence their brothers to sign over the brothers’ share of the estate of Yoganathan to the two sisters.  Initially I had no opinion on this but took the stand of an observer. But after Param said that Thesawalamai was applicable I decided to get involved. I believe that Param said this due to his past disappointments with his sisters whose children migrated to Australia due to Param and I, but were ungrateful due to their selfishness. Hence as per my experience with them I also  felt that they were wrong.

Ms Shantha Abimannasingham  a leading lawyer in Northern Sri Lanka, whom I consulted with - paying a fee – expressed the opinion that she did not think that  only the brothers were entitled, but said that the system recognized such entitlement, if the wealth was passed through the parents.  But the law of Thesawalamai was very clear – that the wealth of  a bachelor was inherited by males while unmarried daughters’ wealth was inherited by females.  Param’s assistance to his family fell within this Thesawalamai code. Hence his move to oppose the sisters when the matter came to court. I believe that by regulating it at family level – I added structure to Param’s sharing. Without the difficulties we faced in the process, and our acceptance of them,  it is highly likely that  estate would have been seriously lacking in heritage value, as per the users habits. Given that Yoganathan forewent simple pleasures that his siblings enjoyed , despite the wealth he had, his position in the family is of heritage value. The money is the lowest level confirmation of that respectable position. Given that Yoganathan,  despite the wealth he had,  forewent simple pleasures that his siblings enjoyed , his position in the family is of heritage value. The money is the lowest level confirmation of that respectable position.]


Would a win against the Sri Lankan Government, in terms of war-crimes, carry heritage value for all heirs of the TNPF? If no, these are distractions that dilute our development investments. I do not identify with, in the leadership of the TNPF -  the investment that the Hon GG Ponnambalam made, in intellectual pathway to Independence. This Grandfather of  Mr Gajendrakumar Ponnambalam was a National player of International standards. The heritage seems to have been lost to the family and party down the line.

Sunday, 11 March 2018

Gajalakshmi Paramasivam

11 March 2018

Mistresses in Parliament


We don’t need to go to the UN nor have any Commissions of Inquiry. When we look at ourselves through our own true structures, we would know which order we belong in.


Political Affiliations are naturally orderly when we have structures that have evolved on the basis of our own Truth. There is a natural grouping that happens due to such structures. However elementary such a structure may be the Truth on which it is based has Absolute Power. That is the law of Nature. In Sri Lanka, we use the religious pathway towards realizing this Absolute Power.  The money-rich countries seek this through common secular systems. Without this structure an institution is merely an Association of Individuals. The whole will be equal to the sum of the individuals at this mere Association level. The value of the whole becomes greater than the sum of its individual parts only when there are forces that are not visible.


Some of these forces could be known through scientific calculations. Others could be identified with only through deep belief.  I believe that this is Absolute Energy.

Mr Harsha Gunasena – in his Daily FT article ‘Duality of the general public and the Parliamentarians’, presents the following about the psychology of Sri Lankan Parliament as experienced by TNA’s (Tamil National Alliance) Leadership heir the Hon M A Sumanthiran, as follows:


[Member of Parliament M.A. Sumanthiran was a panellist at the Panel Discussion on ‘Mindfulness in Policy Making, Governance and Diplomacy’ on day two (25 February) of the Global Mindfulness Summit 2018 held at the Sri Lanka Foundation Institute.
He added colour to the panel discussion and said he would reveal a secret. It was announced sometime ago that for a period of one hour of every day, there would be a live streaming of the sessions of Parliament. This was a precursor to the current unrestricted live streaming of the parliamentary sessions.
The audience expected that the MP would say that all the MPs behaved nicely during the said period and they would have started the normal behaviour after that. To our astonishment he said what happened was completely the opposite. MPs behaved very badly and accused each other during that period of one hour and their behaviour was calm after that. He said they were playing to the gallery and if the gallery thinks that listening is better than fighting, they will listen.


As a member of the Tamil Community I presented, on 09 March  the following picture of  Tamils during the time Muslims were in need of the support by other minorities – especially Tamils who by their very position in National Parliament through TNA confirm the presence of the Latent power that makes Sri Lankan Parliament’s worth to be greater than the sum of its individuals:

My article was headed ‘GTF & TNA Contradiction’ with the message that they were talking about missing persons when minority problems were surfacing in Sri Lanka.


Today, I noted the results through the Island of March 10, the report headed:

[Global Tamil Forum calls for stern action against those responsible for perpetrating anti-Muslim violence in Sri Lanka]
As per my true structure, the above condemnation was brought out by the deeper a community that was not merely an Association of Individuals but an Institution  capable of upholding reliable order. Every person who contributes to an issue through her/his Truth – contributes to that extent, Institutional Value, to the environment that that person is a part of.
In the above picture of Fight, Flight and Freeze theory of Psychology – TNA is shown as being in frozen mode in terms of Tamil Tigers.
As per the above article ‘Mindfulness in Policy Making, Governance and Diplomacy’ Parliamentarians behave differently under two different scenarios. I learnt about Fight, Flight or Freeze theory from my granddaughter’s textbook in Psychology. I already had deep wisdom in Psychology needed by my environment, through my deep lessons in life. Likewise, I leant the terminology ‘mindfulness’ from my friend Accounting Pushpa Muthumala – a Buddhist - when my friend used it to describe how she received what I was saying. This is that third dimension that we all carry as per our own Truth.
Here in the Sydney suburb of Coogee, I connect to the pain of Indigenous Australians who were displaced to facilitate leisure facilities for the British. Deep within me – I made the connection between this karma and the Bali bombing in 2002 in which about 25% of the Australian victims were from Coogee. Real pain remains forever and could be offset at that time at that place only through a believer with positive energy.

TNA’s Freeze came to my mind,  due to my experience with the University of Jaffna – the Institution of Higher Education in Mr Sumanthiran’s electorate. How the political victory of Mr Sumanthiran  was claimed was presented as follows by Daily News on 20 September 2017 under the heading ‘ Mavai Senathirajah’s landmark decision’ (Appendix) Intellectual discussions were reported to have been held in this Institution of Higher Education which is expected to represent the claim of Tamils as an intellectually driven community. Interestingly to me, the difference between the terms ‘Federal’ and ‘Confederation’ is the difference between Association and Institution.  When Political parties are not bound by a common value the Parliament is a Confederation of Political Parties. Then the areas in which such Political Parties have majority power would qualify for secession under the laws of Nature – a reason why many young families mentally move away from their parents.

The recent Local Government elections have confirmed that the  Political Parties in Jaffna are showing tendency towards Confederation. This is highlighted as follows in the Daily News article:

[But many intellectuals are becoming disenchanted with the TNA, Thananchayan said, believing they were “too compromised.”
“The TNA is not very strong in demands and wishes to work with the government,” he said.
Instead, young people and intellectuals are looking for a new path to self-determination, separate from the violence of the LTTE, but also different than the political calculus of the TNA.
This has led to some supporting the Tamil National People’s Front, a breakaway from the TNA launched in 2010.]


As per this Daily News article, Professor K. Guruparan, head of the Department of Law at the University of Jaffna, seems to be one of those seeking Confederation.  Likewise at the political level TNPF headed by Mr Gajendrakumar Ponnambalam, the grandson of the Hon G G Ponnambalam who wanted 50%  representation of minority dominated electorates  in National Parliament.


Let us check whether the University of Jaffna is a Federal  structure or confederation structure – i.e. an Association of its different faculties. In his letter of Dismissal of an Academic, dated 08 March 2018, the Vice Chancellor of the University of Jaffna, where Professor Guruparan is reported to be the head of Law, wrote:


[The Council having noted the contents of the formal inquiry report, acting in terms of the provisions in the sections 12:4 & 12:5 of chapter XII of the Establishment code of the Universities Grants Commission and the Higher Education  Institutions and the powers vested to the Council of the University under the section 45(2)(XII) of the Universities Act, decided that you be dismissed from the post of Senior Lecturer Grade 1 in Music with effect from 14.10.2015 on which you were served notice of interdiction on the grounds that the above charges against you are proved  in the formal inquiry.]

The letter opens with reference to Charge Sheet dated 01.07.2017. On the face of the above document itself, one is entitled to  conclude that the interdiction took place on 14.10.2015  before charge sheet was issued on 01.07.2017.

To one Bound by the Establishments Code of the University Grants Commission and the Higher Educational Institutes and by the Universities Act No. 16 of 1978 , consciously or subconsciously, the University of Jaffna would be an Institution with firm position structures. To one who is not so bound, but uses its power, the University of Jaffna is an Association of Individuals. To the current Vice Chancellor who wrote the above letter of dismissal, the University is an Association. The following confirm that the Vice Chancellor was not so bound by the law:

(1)Chapter XII of the said Establishments Code states in paragraph 1:1 (b) :

1:1 The disciplinary authorities of the University Grants Commission and of Higher Educational Institutions  are:

(b) The Council of a University in respect of the staff of the University- provided that,  except in the case of Officers and Teachers disciplinary powers may be delegated to the Vice Chancellor.

Section 45(2)(xii) of the Act

(2) Section 45(2)(xii) of the Universities Act No. 16 of 1978 provides as follows:
(a)            Section 45:
45. (1) Subject to the provisions of this Act, the Council shall exercise the powers and perform and discharge the duties and functions conferred or imposed on, or assigned to, the University.
(2) Without prejudice to the generality of the powers conferred upon it by subsection (1), the Council shall exercise, perform and discharge the following powers, duties and functions:-
(xii) to appoint persons to, and to suspend, dismiss or otherwise punish persons in the employment of, the University:
Provided that, except in the case of Officers and teachers, these powers may be delegated to the Vice-Chancellor;
The Vice Chancellor in the University of Jaffna of  Mr Sumanthiran’s electorate, by expressly referring to Section  45(2)(xii) in the case of  an Academic has confirmed acting in breach of the law and abused the name of law to deliver his own judgment or the judgment of those whom he is fearful of to dismiss an Associate. If the Council had taken on the authority, the applicable section is Section 45 (1) of the Act.
In the above matter, I highlighted the provisions of Section  45(2)(xii) , on the basis of which the Fundamental Rights Petition filed in the Supreme Court was duly amended. I believe, I noted it due to my absorption of the Unlawful Discrimination pain at the University of NSW. Hence I believe I carry that latent Energy to help the needy – which in this instance is the University of Jaffna where militancy has seriously diluted Institutional powers. Associates in a ‘free environment’ become subdued in an Institutional environment. Hence the duality in Sri Lankan Parliament. Likewise at the University of Jaffna including by law experts the Hon M A Sumanthiran and Professor Guruparan whose 2012 report in the above matter was never published, despite the person being investigated, asking for it.
The question posed at the end of the article is :
[But people such as Guruparan and Thananchayan wonder: “Can they trust the results of a process where they believe they’ve sacrificed so much, where they must go to the Supreme Court just to affirm their right to self-determination?]

The victims of abuse of Administrative power by the Administrators of the University of Jaffna – many of whom have been dismissed on the claim of sexual harassment charges by junior staff and students, without any evidence even in academic areas where records would be available but were suppressed, would also ask the above question in terms of their lost positions and opportunities to earn income.
Mr Harsha Gunasena highlights Gandhi’s contribution to unity as follows:
[Mahatma Gandhi conducted his last hunger strike demanding the rights of the Muslims ]
The best a person can do is to forego her/his own earned pleasures. When such is done in good faith – by one to whom the whole and s/he are one – Natural Forces come to her/his support. That was how TNA become Equal Opposition in Sri Lankan parliament, including through members of the LTTE who believed that they were fighting for self-determination.  That power will support any true believer seeking the militant pathway but did/does so without damaging any other who is also so seeking. They would share their powers with the Muslims, consciously or subconsciously.
Mr Harsha Gunasena  refers to the De Facto Opposition as follows: Those sub-committees were headed by Mahinda Samarasinghe, Rauff Hakeem, Sagala Ratnayaka, Bandula Gunawardana, Susil Premajayantha and Dharmalingam Sithadthen respectively. They have different political affiliations and all the parties represented in the parliament were represented in those committees, including the Joint Opposition. The reports of these sub-committees were published and were available on the web but there was insufficient public debate on those reports.

The Mistress and the Wife cannot be indiscriminately recognized at the same level at the same time, unless the mistress is driven by Truth and Truth alone. When the Joint Opposition is recognized in National Parliament, the Parliament demotes itself to Mistress status. The Official wife in National Parliament is the TNA. The other group is an Association of those driven by de facto mentality – as LTTE was. Sri Lankan Government needs such groups to the extent it is lacking in structural powers of institution. Duality is part of their makeup – as is alternating between pleasure and pain. 


Mavai Senathirajah’s landmark decision

Wednesday, September 20, 2017 - 01:00

Jaffna University
During the month of August, amidst a summer dominated by high-level political resignations and firings, the Supreme Court of Sri Lanka ruled on a major case.
A Three-Judge Bench, including Chief Justice Priyasath Dep, found that Tamil political parties who were advocating for an increased sharing of power under a new Federal model, were not breaking the law.
“These parties did not support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka,” Chief Justice Dep noted in his decision.
A finding in the opposite direction would have been crippling for parties such Illankai Thamil Arasu Kadchchi, or ITAK: arguing for secession is a crime in Sri Lanka under the Sixth Amendment to the Constitution.
At the time, many in civil society, especially Tamil political parties, celebrated Chandrasoma v. Mavai Senathirajaha’s a “landmark” decision.
But a month later, some were beginning to question as to how significant the decision actually was.
A long - fought battle
Recently, in an airy top-floor lecture hall at the University of Jaffna one afternoon, M. A. Sumanthiran defended his hard fought decision in front of the Supreme Court.
The Supreme Court
Sumanthiran, who is a Member of Parliament for the Jaffna District and a leading Counsel on the case, said the Supreme Court’s decision was a “direction changer” for politics in this country.
The court “had no necessity to go this distance in this particular case,” he said. “But they have.”
Sumanthiran traced the long battle leading to the judges’ unanimous opinion. The petition was originally filed against the ITAK, a constituent party of the Tamil National Alliance, by Hikkadu Koralalage Don Chandrasoma, a resident of Kelaniya, in 2014.
He alleged that the ITAK was a political party whose ‘aims’ and ‘objects’ were the establishment of a separate State within the territory of Sri Lanka. If so, under Article 157A of the Constitution, the party’s members could be stripped of their office as well as their property which was not necessary for the sustenance of such a person and his family.
The petitioner focused on a section of the party’s constitution to build up his case. Its English translation reads: “The objective of this party is to establish political, economic and cultural liberation among the Tamil speaking people by way of forming an autonomous Tamil Government and autonomous Muslim Government as part of the united federal Sri Lanka in accordance with the principles of self - determination.”
But Lawyers for Chandrasoma said the party’s constitution had been amended in 2008 to replace the word ‘federal’ with confederation,’ which means an alliance between separate and sovereign states, rather than allied states under a central government.
Sumanthiran and his legal team however, countered that point, arguing that the petitioner had misunderstood the Tamil word in question. In 2008, the Party did change the Constitution’s wording, he said, to replace the Sanskritized “samashdi” with the pure Tamil “inaippadchi.”
The Official Languages Commission agreed with position.
In response, the petitioner acknowledged that the word did not meant confederation, but argued that the act of advocating for self-determination in itself involved attaining an independent state.
But once again, the court sided with ITAK. “It is clear that the right to self-determination has had an internal dimension, in that, it could be exercised within the country to the benefit of a ‘people,’ inside the country,” the Chief Justice wrote.
The judges dismissed Chandrasoma’s petition on August 4th.
Sumanthiran stressed that this was a major achievement.
“So the significance of the judgement is that it says it is not illegal, it is not unlawful and it is not unconstitutional to claim to have a system of government based on a federal form, based on the principle of right to self-determination and shared sovereignty,” Sumanthiran said.
He said these findings provide Tamil parties important legitimacy and leverage at the bargaining table of the new Constitution-making process.

But Professor K. Guruparan, head of the Department of Law at the University of Jaffna, was more critical in his assessment of the decision.
“The fact that a political party in Sri Lanka has to go through the Supreme Court and convince Court that they are not advocating for secession, is in itself an attack on free speech,” he said.
Guruparan added that he believed the Sixth Amendment to the Constitution which criminalizes advocating for secession, should be done away with.
He agreed with Sumanthiran that the Court’s ruling “goes against the grain” of previous government decisions.
But pointed to specific parts of the opinion he found troublesome.
Although the decision legitimized the political parties’ ability to advocate for a federal form of power-sharing, it does not explicitly say if arguing for a confederation model is the same as arguing for secession.
In fact, the Court had taken great pains to make sure the ITAK was promoting a “federal” form of government, rather than a “confederation.”
Guruparan said that presently, it was not clear if parties that argue for a confederation model, where sovereign states give a specified set of functions to a central authority, such as the European Union, would now stand in violation of the Constitution.
The language of the decision, he said, gives a “problematic, rigid interpretation of what a unitary state means.”
“We need to be careful,” he added.
Shifting the political landscape
After the forum, Sinnarasa Thananchayan, a Law student of the University of Jaffna, said the two men’s positions represented a fundamental change happening in Tamil politics.
Sumanthiran’s position was rooted in the landscape of a party politician, where the currency is measurable political wins and losses. “I’ve consistently argued these concepts in front of the courts,” he had said earlier. “This is a direction change.”
But many intellectuals are becoming disenchanted with the TNA, Thananchayan said, believing they were “too compromised.”
“The TNA is not very strong in demands and wishes to work with the government,” he said.
Instead, young people and intellectuals are looking for a new path to self-determination, separate from the violence of the LTTE, but also different than the political calculus of the TNA.
This has led to some supporting the Tamil National People’s Front, a breakaway from the TNA launched in 2010.
Thananchayan said the TNPF argues more forcefully for recognition of the Tamil identity, a strong federal system of government and accountability for war crimes.
The decision in Chandrasoma v. Mavai Senathirajah may give the Tamil parties a stronger position in the new constitution-making process.
But people such as Guruparan and Thananchayan wonder: “Can they trust the results of a process where they believe they’ve sacrificed so much, where they must go to the Supreme Court just to affirm their right to self-determination?
If they get a new Constitution, would it actually represent their interests?