Unwittingly Supreme Court canmake Sri Lanka Insecure!
Posted on February 2nd, 2012

 By Gomin Dayasri                                        

 In the foreseeable future a government with a 2/3 majority is unlikely. The people returned the present government for another term with a 2/3 majority for making the country secure.

 But the country will never be safe with a constitution that vest police and land powers in the Provincial Councils and hold a possibility to merge the North and East. These are matters that affect the security of the entire country.

 To change the constitution with comfort a 2/3 majority is required. This government on a show of hands has the numbers intact but will it materialize with many minor parties in the lineup? It would, as the numbers are overwhelming and Thondaman does not want police powers given to the Chief Ministers not having confidence in the Central Province Council.

 The moment has arrived to make the majority meaningful by relocating Police and Land powers unequivocally in the central government. Though not conferred officially, it can be read otherwise in the constitution. There should be no corridor left opened to merge the North and East.

 It is always possible for the Supreme Court to interpret the constitution. Don’t blame if the Supreme Court interprets unfavorably, as the words are abstruse. The wording attached to the 13th amendment can give rise to varied interpretations. It’s too dicey to leave the provision unattended: another J.R.Jayewardane is always a possibility and a future Supreme Court of a different character. It was the decision of one judge in a deeply divided bench in the 13th Amendment case that made it a possibility.

 The North/East remained merged for 16 years on a gazette notification issued by J.R. Jayewardane that the Supreme Court deemed illegal.

 The decision to file action was taken after H.L. de Silva and I had a brief discussion as to the timing of instituting action that was prepared long before and decided to bring S.L. Gunasekera and Manoli Jinadasa into the legalteam. The JVP was the front vehicle used via Wimal Weerawansa and Vijitha Herath.Timing was of essence to its success.

 Had the action been instituted when J.R. Jayewardane or Chandrika Kumaranatunga held Presidency the chances of success could not be assured though the gazette was a glaring irregularity. That was a case that did not require competent lawyers because the decision was obvious. Hitch was in the intervening delay: need was to choose the correct moment.

 The Supreme Court was bold to make that historic decision because Chief Justice S.N Silva in the patriotic period of his career had character, strength and intellect to overcome great pressure exerted on him from unimaginable quarters. Some other may have desired to cure the deficiency. The service rendered by Sarath Silva and two other esteemed judges require repetitionas the decision was given on the eve of the peace talks with the LTTE. H.L. de Silva and I were among those representing the Sri Lanka delegation and were described as wreckers of peace.

 Already there are a few erratic decisions by courts tend to vest land with the provincial councils.

 In the North and East with land at the disposal of the Chief Ministers, in the event of another insurrection, no premise will be available to house the military in secure zones. Land will be at the mercy of hostile forces. Army will be compelled to indulge in amphibious maneuvers in absence of a land cover. A crafty Chief Minister can alienate ahead strategic lands that would be pivotal to security considerations. No operation would be feasible if high-rise buildings are erected close to the airstrips.

 Investigation into the coming of an insurrection cannot be launched without the police since the military does not have such rights. If a chief minister is sympathetic to the cause of secession as is the TNA, it is unsafe to vest them with police powers with or without arms. TNA’s call for a police force without arms is to arm them later.

 Leaving (as Thondaman fears) arms and ammunition under the control of Chief Ministers can be a frightening experience. The country will overwhelmingly vote at a referendum to rectify the great harm caused by an Indian constitutional draft that came by way of the Indo-Sri Lanka Pact and resulted in the 13th Amendment.

 Timing is right again to correct an historical error-its a now or never moment with a 2/3 majority. Possibly only the TNA would oppose it. UNP were never prepared to concede police and land powers.

  India will not press for such power except to grumble officially provided the grievances of the Tamils outlined in the LLRC report is implemented without undue delay. Tamils not under TNA control or without an LTTE mind frame would welcome a move that prevents Chief Ministers in having armed men at their disposal. An elected President is a safer proposition to be in control of arms and ammunition.

 Supreme Court is placed in jeopardy in interpreting phrases that are ambiguous. One reasoned judicial decision is sufficient to place the country in peril. It’s only with a 2/3 majority in parliament, a President strong willed and prepared not to barter police and land powers and a electorate aware of the dangers of secession, that can make Sri Lanka forever secure with the deletion of a few words in the constitution. All necessary ingredients are firmly in place.

 Now is the time for the opinion makers to make the call with constitution making in the offing. The real danger lies if the Supreme Court in the future makes a pronouncement that will be treated as conclusive. It must be taken out of that grey judicial landscape. If a conclusive judicial decision is made unfavorably and without a two- third strength in parliament, Sri Lanka will be on the road to disintegrate.

 

21 Responses to “Unwittingly Supreme Court canmake Sri Lanka Insecure!”

  1. Lorenzo Says:

    But will the government do it?

    That is the issue.

    People are more than ready to BURN the 13th amendment. Yes, it must be burnt in public to teach a lesson to those who want to divide the country.

    UNP burnt the political package of CBK which was welcomed by the public.

    It’s government’s call. People will do the rest. But wait after the UNHRC nonsense.

  2. Sirih Says:

    Why bother with the present constitution ? Burn it and start all over again with proper independent statuary powers to the police and other institutions so that corrupt politicians are answerable to the legal system and the parliament.
    This way no minority can take ask for special favours and Indians can go back to their own mischief.

  3. chandrasena Pandithage Says:

    අපි මෙසේ කියමු. උතුර හා නැගෙනහිර ඒකාබද්ධ කිරීම හොද කටයුත්තක් නම්, උතුර, නැගෙනහිර හා මධ්‍යම පලාත ඒකා බද්ධ කිරීම වඩාත් හොද කටයුත්තකි. එසේ කිරීම වඩාත් හොද කටයුත්තක් නම්, උතුර, නැගෙනහිර, මධ්‍යම පලාත, බස්නාහිර, දකුණ හා සබරගමු පලාත් ඒකාබද්ධ කිරීම, විශිෂඨතම කටයුත්ත වේ. අපි එම විශිෂඨතම කටයුත්ත කරා පියවර නංවමු. එය කොයි දෘෂ්ඨි කෝණයෙන් බැලුවද විශිෂඨය.

  4. Kit Athul Says:

    SiriH. who’s Kappan pay check are you getting? To burn the constitution? HUMMM. This is what Tamil Nadu Tamils want. In any society there are corrupt politicians. Read Gomin’s article. What is the message he is conveying? Nullify the 13th and how dangerous it is even to think about giving such powers to provincial councils. Sirih, this is not the first time you tried to deviate the attention away form the 13th amendment issue. Come out with your real name. Do live in EELAM house in London or Boston, USA Tamil TRO house? You think the average SINHALA are stupid? What an effort MR put to buttress the Sri Lanka’s great constitution with the 18th amendment. Did you know how you gave away your identity? The way you used the word Parliament in the sentence.

  5. Lorenzo Says:

    Kithsiri,

    Sirih is a PROVEN patriot. So he is not in any of those jokers payroll.

    If we can’t SCRAP the 13th amendment, lets SCRAP the entire constitution and start AFRESH.

    The constitution has been amended 18 times!! So it is logical to have a fresh constitution. If Sirima can do it and JR can do it MR can do better.

    13th amendment is not the only bad thing in the constitution.

    14th amendment, 15th amendment, 16th amendment, 17th amendment, 18th amendment are also bad.

    So we have 6 amendments that are unwanted. It is easier to scrap it all together and write a BETTER one than scrap them individually.

    One referendum and one vote is better than six!

    But I wouldn’t say BURN the whole constitution. MOSTLY the constitution is good UNTIL the 12th amendment.

    BURN every amendment AFTER the 12th amendment.

    JR was NOT responsible for these. JR only did the amendments UP TO 12. After that it was Rajiv, Premadasa, CBK and MR who did the following amendments.

    Throw into the fire other rubbish like the BC pact, DC pact, district councils act, India Lanka peace deal, political package, PTOMS, CFA, APE report of Banking Moon, ICG report, Vadakundai resolution, SLMM report, Thimpu proposals, ISGA proposals, MoUs with tigers and other dirt.

    Section 2 of the New Constitution should have the following provision.

    Thou shalt GET OUT of this island if thou not agree, fathom, support, uphold, promote, protect, advance, extend, defend or otherwise concur to the governance of the DSRSL based on Sinhela Buddhist historical governance concepts based on equality to all, freedom, respect to all, unitary nationality, absence of mono ethnic enclaves and other noble deeds.

  6. Sirih Says:

    Foreign interference started with the constitution anomalies and we have enough brains ( not GL) to get this right.

    Kit Athul take a chill pill..

  7. Ben_silva Says:

    Hostile foreign Tamils in Tamil Nadu have previously destroyed our irrigation system and our civilisation and killed many. Giving Police and Land powers to the North and East will enable foreigners to have infuence in the North and East. This is a suicidal mission and is deadly as handing over the counbtry to the British and other foreigners. If people remain silent and inactive, then 13A will be implemented. Time for mass protests to stop this madness. I am questioning, why are we so passive ?

  8. lingamAndy Says:

    Ben_silva
    I am questioning, why are we so passive ?

    Take Lorenzo advice – wait after the UNHRC nonsense!
    than you all can do what ever you all want !!!!

  9. helaya Says:

    Not only the 13th amendment should be throw out new treason laws have to be passed by the 2/3 majority. This is a golden oportunity to pass a law it is illegal to have concept to divde the country. Also if somebody asking other nation to destablize SL sould be a traeson

  10. Fran Diaz Says:

    Why wait for UNHRC when the UNHRC is under Navi Paillai ? International organisations will come and go, but it is We the People who matter. There will be many more similar international meetings in the future, all designed to divide Lanka !
    It is the Trinco harbor factor and lately the Mannar Oil factor pushing on the Tamil Caste issue.

    ACT NOW, citizens of Lanka. Send Millions of Petitions to Parliament via the Speaker to remove the entire 13th Amendment.
    Use your Democratic rights, don’t wait to cry after the damage done even further. Various forces have weakened even the 2/3rds majority in Parliament and the leadership. NOW is the time to support GoSL, or lose.

  11. Fran Diaz Says:

    P.S.: Both Trinco harbor & any Oil/Gas found in offshore Lanka are public property. So, its time for We the People to defend our public property. All true born Tamils of Lanka are part of the Lanka public too. They too should join in to defend what belongs to the People.

  12. lingamAndy Says:

    Fran Diaz
    Why so harry now Fran Diaz , We ( Sorry You) had 2/3rds majority more than 4 years ago?

    helaya
    golden oportunity – Agreed
    Chinhala brother if any chance We ( sorry You) use this golden oppertunity to end this ethenic problm (if any?) for ever !!!
    Our futher Generation (Locku Banda & Periya Thambi) will live happy in our mother lanka for ever !

  13. Fran Diaz Says:

    Andy: 2/3 majority busy with ltte war and aftermath for a long time. The picture is getting clearer after ‘the fog’ has lifted. Now is the time for the collective People of Lanka to act and support a way toward a true Democracy for all in Lanka.

  14. lingamAndy Says:

    Fran Diaz
    what belongs to Tamils is not any more belongs to Tamils in my mother lanka !
    eg: I went to my village (after 25 years) in NP to see my family house , to get photo graph of my house (MY HOUSE) I need to get permistion from Army in the street !

    All true born Tamils of Lanka are part of the Lanka public too !
    Am I not true bore Citizion of Srilanka Fran Diaz??????

  15. Fran Diaz Says:

    Andy,
    You are a true born Lankan Tamil. Northern Tamil Caste wars triggered the formation of the ltte and the consequent war with the ltte. A lot of Tamils have suffered due to the war with ltte, both through the ltte itself as well as through the war and its sad consequences.
    North & East Tamil people will have to become trustworthy in the eyes of the public again, and then there will not be any necessity to get permission from the security forces to photograph homes or for any other legitimate activity. I am sorry, but that is the way things are done in the whole world, not just in Lanka. Lost reputation can be regained, and it is happening, but TNA divisive politics will not help the process.

    ——

    Back to the Trinco harbor & Oil/Gas off Mannar : Could a scheme be put forward where money earned from both these items be turned into public shares, where part of these shares are used to reward members of the public for exceptional services to the country, in any field of human endeavor ?
    Or, alternately a share be issued to every true born Lankan, however small it is. This may sound impractical but it is important to inspire the public to participate in the Democratic process by making them stake holders in public property. We welcome any other more practical ideas.

  16. lingamAndy Says:

    thanks Fran Diaz
    Lost reputation can be regained- Not sure about !

    as long as this Lorenzo golden Bhuddist Chinhala policy in our mother lanka (sorry to say) not even anti LTTE won’t work as one Nation !

    Look at prince Dutugemunu’s army. There were gentlemen, drunkards, womanisers, thugs, monks, people branded as “wicked”, etc. We need them ALL.

    If you a patriot NO MATTER WHAT race, caste, ethnicity, religion/irreligion, political views, climate change views, etc. you hold WE NEED YOU.

    To go further, if you a patriot NO MATTER WHAT crime you have committed against pro-TEs it does not matter. We need you.

    If you are branded a war criminal by ANY Tamil group (peaceful, violent or whatever), you are a war HERO and we need you.

    Let’s work together until we win back the UNITARY Sinhala Buddhist ruling SL in every nook and corner of the island.

    We have a more powerful neighbour than India. Militarily, economically and socially, it is CLOSER than India. India has NO veto power but this neighbour has !!!!

  17. Fran Diaz Says:

    Andy,
    Lorenzo takes a strong stand on the matter of dividing Sri Lanka. We have witnessed some 30 yrs of terrorism with the ltte and Tamil leaders of TNA continue to mislead the Tamil people, taking a separatist stand demanding the full 13-A, knowing very well the dangers ahead. Can you blame Lorenzo for his strong stand ?
    What really needs to be done is to break the Tamil Caste structures through education, skills training, etc. and not through separatist ideas.

  18. radha Says:

    Then there was the war. Then there was the end of the war. Then a New Sri Lanka emerged.

    The 13th amendment and all that entails belonged to Sri Lanka before the war and during the war. Many battles were fought during the war. The final series of battles under the political leadership of MR and the military leadership of the 3-service chiefs were fougt because none of the past palliatives worked and Prabhakaran decided to go for all or for nothing. GOSL responded. Prahakran and everything he stood for got wiped out. In my opinion 13th amendment or anything planned or bandied about which gave any hint of division of the State of Sri lanka, or favoring minorities over and above the majority population got wiped out.

    The end of the war should be taken as a clean slate. The government has 2/3rd majority. It is time to come out clean, dump old rubbish in the incinerator, to come up with a new constitution. Sri Lankan people should be the only voice that ought to be heard and not all the shit stirers and trouble makers from foreign capitals.

    It is up to the GOSL to ensure that people are treated equally and fairly, with justice and impartiality. Putting police and landpowers in the hands of sectarian groups is not the right solution.

  19. Lorenzo Says:

    Fran,

    “What really needs to be done is to break the Tamil Caste structures through education, skills training, etc. and not through separatist ideas.”

    I have to disagree.

    Tamil caste structure will NEVER be broken. Unfortunately the Tamil community is based on caste so it can never be dismantled. What we should do is to MAKE USE OF the caste, etc. differences in the Tamil community to DIVIDE it and RULE it.

    “Why wait?”

    I agree we should not waste any more time but scrapping the 13 at this stage will put India against us at the UNHRC nonsense. We need all the votes we can get even from the devil.

  20. lingamAndy Says:

    Fran Diaz
    Ref:break the Tamil Caste structures
    Lorenzo
    Ref:Tamil community to DIVIDE it and RULE it.
    radha
    Ref:majority population got wiped out

    Any one of my chinhala brother, please can you come with positive idea ? some think nice solution (in simple english) !

  21. Fran Diaz Says:

    Andy,
    Here is an attempt to write on a positive idea that each of us can do on our own. In the frist place, what are we trying to achieve here in this dialogue ? It is an attempt to bind this Nation to feelings of loyalty toward the country, and Develop & Grow together in harmony & peace.

    To that end, I think a good starting point is to first attend on, turn our attention to, on the Self. The Self is the most important ‘person’ to each of us. The Self must feel good about oneself, respect and like oneself as much as possible, enjoy life and feel secure and free. Toward that end, we propose that each of us reach our most inner being, our Hearts, through Meditation. Any form of Meditation might serve the purpose, but the deepest forms are found in Raj Yoga & Buddhist meditation. I can write more on the religious angle to Meditation, but will not as it may sound too ‘preachy’ and I don’t want to go with that tone.

    Meditation is the one positive thing we can do on our own. Our external trimmings such as income, education, etc. are irrelevant to the Meditator, and that sets us absolutely free to go Within. The benefits of Meditation are many, and Nation building or community building can get a good start with feelings of individual liberty through Meditation. We are then free to build up our Material benefits without agitation. One hour of Meditation a day is sufficient. There is no other way – no other short cuts to real human happiness.

    It is the inner war through lack of fulfillment of our Hearts that manifests in outer wars. For more understanding and clarity on the topic of inner peace, please watch videos on http://www.wopg.org in the Webcasts section. Prosperity through Inner Peace is possible. In fact, it is the only acceptable way. First Peace in our Hearts, then Prosperity follows.

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