Government Should Not Interfere with the Judiciary in the Court Case against TNA
Posted on June 23rd, 2012

Dilrook Kannangara

All peace loving people must put their weight behind the court action filed by Jayantha Liyanage of Sinhala Jathika Peramuna alleging the TNA, TULF, etc. have violated section 157A of the Constitution. It is a timely necessity. Although the military defeated the armed wing of Tamil separatists, the political wing continues in its path of destruction and hate breeding. 

May be it is unknown to him he is standing up not only against the TNA but also against the mighty imperialists of USA and India too. As long as the justice system maintains its independence and objectivity, one man or woman can topple any Goliath. It will be a shining beacon to the UN and other international bodies that totally lack independence and objectivity which are subject to fatal political interferences.  

The connection between the LTTE “”…” the armed wing of Tamil separatists “”…” and TNA, TULF, etc. is the same as the connection between Taliban and Al Qaeda. There is not a single terrorist group in the world without an ideological wing. Every terror activity is driven by an ideology. TNA, TULF, etc. are the ideologues of the LTTE and must be removed from their powerful position.

Government Interference with the Judiciary

It is no secret there is severe and disturbing political interference in the judiciary. One sad episode of political interference occurred in 2002 after the illegal Ceasefire Agreement (CFA). Sihala Urumaya and the JVP filed two petitions in the Supreme Court against the illegal CFA. However, the petitions were transferred to the Court of Appeal and the Court of Appeal wasted six (6) bloody years to declare its illegality. It was a clear cut case of illegality and there was no need to waste six years on it. This delay costed the nation very badly and the war had started by the time the verdict came!

It was due to severe political interference with the judiciary. 

Reconciliation should not be mixed up with the justice system. Without a doubt the government is keen to push this case aside to make matters easy with US-India imposed reconciliation. During the CFA time foreign dignitaries gave equal hearing to LTTE terrorists and elected representatives of Sri Lanka. Similarly, Hilary Clinton treats the Foreign Minister and TNA as equals. One needs not be surprised if Hilary has instructed the government to manipulate the justice system to save the TNA.

It happened in India and it may well happen in Lanka too. Tamil Nadu Chief Minister was met by Hilary and the Chief Minister started making threats against India’s national security. Due to US interference, there was little India could do even if it wanted to discipline her. Motivated by the whole episode, the DMK leader also started to make threats.

The Hindu newspaper was audacious to call TNA the “true representatives of Tamils”. Given the importance of Tamils to new imperialists, the US-India axis will not keep silent when TNA faces the only challenge it ever faced.

Banning TNA Helps Reconciliation and the UNHRC Resolution

US-India imposed reconciliation has little or no benefit to Sri Lankans. Similarly the UNHRC resolution is not worth the paper it is printed on. However, due to various inevitable reasons including bullying by USA and India, these need to be addressed. Banning TNA helps in the reconciliation process as TNA is the biggest or only stumbling block in the process. TNA leaders making highly racist remarks is not helping reconciliation either. TNA position and the Constitution of the country are poles apart; no reconciliation is possible between the two. Reconciliation as understood by the TNA is about changing the unitary status of the country and accommodating Tamil aspirations. Whereas reconciliation as sold to most Lankans is about ethnic integration, absence of ethnicity based political demands and coexistence. These differences are irreconcilable.

Another requirement of the UNHRC resolution is to hold the provincial elections in the north. Election statistics indicate TNA, ITAK and TULF to be the dominant political parties in the north. If the Northern Provincial elections are held, these highly racist political parties will naturally win. At the 2010 general election, despite the absence of the LTTE, TNA won a landslide victory in the north when taken as the province. No other party could muster such a popular vote in any other district or province. TNA’s position was further cemented at the 2011 Local Government elections where it won all Tamil majority LG bodies in the north and the east where the election was held. If TNA or TULF takes control of the Northern Provincial Council it will be total chaos afterwards. TNA and TULF have proven they are completely incapable in development activities. They have also shown their total inability to work with non-Tamils and other political parties. Any Northern Provincial Council no matter how it is constituted will have to work with diverse political parties.

If TNA and TULF are banned, that gives the opportunity for moderate Tamils to win the Northern Provincial Council.

TNA and TULF voters are the majority in the north, but their absence will make these voters boycott the election as they did in 1931, 1989, 1994 and 2005. This gives moderates the chance to seal victory and form a cooperative council made up of representatives of all ethnicities. Central government will be able to work with moderate Tamils who would be the majority in the Council. This way development, democratisation, devolution (though not desirable provincial councils enjoy a certain amount of devolution) and demining activities can proceed without a glitch. UNHRC’s devolution demand will be met without jeopardising national security.

This was what worked in the Eastern Province. After the Eastern Liberation, the government held LG elections and then a provincial election. Complaining against TMVP, alleged abductions, alleged threats, demerger of the north and the east and other absurdities, TNA boycotted the election allowing UPFA and UNP to win the election. Since then peace has dawned on the Eastern Province. It all started with the military victory in the East and the demerger verdict delivered by the Supreme Court.   

If the government intervenes and prevents the Supreme Court from giving its verdict which appears straightforward, it will be suicide of epic proportions.

Banning TNA has many other benefits too.

Banning TULF Did It Good

In 1983 TULF was banned by the Parliament. It was a very wise decision. It brought TULF racist politics to a total end while the ban was in force. Thereafter when TULF re-emerged after taking the compulsory oath, it had transformed into a more moderate party. However, it didn’t last long. LTTE hunted down TULF leaders from Amirthalingam (1989) to Thiruchelvam (1999) before the LTTE itself was annihilated in 2009. Interestingly  Thiruchelvam had joined forces with the government to work for the betterment of the nation by the time he was killed. By 2001 the TULF leader was Anandasangaree “”…” a signatory to the 1977 highly racist TULF election manifesto. However, the LTTE leader had other plans. He appointed the current TNA leader to head a new political party that were to be the front-end of the LTTE. TNA is also the local mouthpiece and the local coordinator of the LTTE Rump abroad.

Banning TNA gives it the opportunity to do some soul searching and change its confrontational approach to a more cooperative one. It relieves the people of the north to elect a peacetime party instead of a war time party at future elections.

There are plenty of other benefits of banning the TNA. These must be fully achieved without foregoing this vital opportunity.

The Next Step

Next steps depend upon the much awaited Supreme Court verdict. If the Supreme Court decides against banning TNA, it should further strengthen the desire to get it banned. Repeat action should be taken until the ban is imposed.

If the Supreme Court makes the correct decision to ban the TNA and start a new era of peace and coexistence without traces from the LTTE past, it opens up new opportunities. Eastern Provincial Council election will be held later this year or early next year. That is a golden opportunity to break the needless Tamil domination of the Eastern province. Tamils are a politically isolated minority in the East. Muslims and Sinhalas are together in both major political parties and deserve to win the election. A Muslim Chief Minister should be appointed. Given population numbers it is inevitable the Eastern Province will soon have a Muslim Chief Minister. Artificially blocking Muslims from the top post will have a long lasting negative impact on the government.

Politically too it makes sense which can create two large poles centred on the two ethnicity based political groups in the east “”…” TNA and SLMC. Although ethnicity based politics is not the most desirable, the north and the east have a long history of communal politics. Creating differences between these two opposing poles in the east is important in Presidential Elections.  

After TNA is banned, the government should initiate ethnic integration schemes in the north. Reconciliation should proceed along the path of ethnic integration.

The biggest advantage of banning the TNA is it breaks the link between the LTTE Rump and Sri Lanka. TNA holds regular meetings with the LTTE Rump. GTF, BTF, TGTE and many other anti-national Tamil organisations are in constant touch with the TNA. The more the TNA professes racism and violence, the more money it gets from the LTTE Rump. Apart from the TNA, these groups have absolutely no contact in the island. Not even their local relatives are willing to work to their agenda. TNA is also a prime culprit in US backed destabilization schemes. Banning the TNA will lose its legitimacy to be the sole representative of the LTTE Rump in the island.

Thirdly, TNA, ITAK, etc. are the local agents of the Dravidistan struggle of Tamil Nadu. Although the Dravidistan movement initially included Karnataka, Kerala and Andra Predesh too, these states have since started to work in Hindu unlike Tamil Nadu. As with every unified nation, a single language in popular use has unified India except for Tamil Nadu where separatism is still rife. If TNA is banned, Dravidistan fanatics and TESO lose their foothold in the island.

When Tamil as a distinct ethnic group was introduced into the island in the 17th century, their masters ensured they were bonded to slavery. Tamil caste system worked extremely well in doing so. Since the caste system would ensure unquestioned acceptance of authority, more meekly high caste Tamils were enslaved by the Portuguese, Dutch and the British. This way they could easily manage the entire Tamil community and pit it against the natives. Unlike the native Sinhalas, Tamils rarely rioted against the Dutch or British occupation. ITAK, TULF, LTTE, TNA, DMK, AIADMK, TGTE, GTF, BTF, etc. continue this bonded slavery. Liberating Tamils from this 300 year old bonded slavery system and the allowing the resultant mentality take a long time. Banning TNA will be the first step.        

As mentioned by many patriots, true Sri Lankans must stand by Jayantha Liyanage of Sinhala Jathika Peramuna. His achievement will not be second to the 2009 victory. 

13 Responses to “Government Should Not Interfere with the Judiciary in the Court Case against TNA”

  1. stanley perera Says:

    The Supreme Court order is sp;e;y de[endant on the view of MR government. Dinesh Gunawardene brought a motion to the parliament some years back and MR intervened and blocked the motion. When MR and that GULP fellow dance to the tune of Hillary and Singh fellow I cannot imagine Supreme court will ever deliver an impartial order. MR does not want to upset Singh and Hillary. When the country’s top lawyers do not have the faith on the judiciary is doubly strenthened. Three months of my valuble time was wasted on the class action against TNA. I did not reveal my view and the findings public due to two reasons: 1. While in the country had made my findings public, I would have ended up in jail on contempt of court charges. The composition of the Supreme Court is not condusive to impartial justice system as it is manupulated by the politicians, RAW and Hillary. The bar Associarion is not happy atall the way how it is being politically manipulated. 2. The top lawyers in the country did not advise me to proceed with the litigation process. Some others advised me to dig into the past 15 years news papers Sinhalese and Tamil to get the extracts of the public statements made by the TNA which is mind bogling task. Warawewas are a very rare species in Sri Lankan judiciary. Some politicians, buddhist priests are on the pay roll of Hillary and RAW. During my three months stay I also suffered from WHITE VAN syndrome. Being an expatriate Sri Lankan I felt that there is a lot of recentment amongst the politicians against interlectual Sinhalese residing in the western countries. This is through sheer jelousy I am positive of. I thought of keeping my silence to do a favour to the GoSL. I also thought , had I disclosed all my findings public, that would give undue publicity and an upperhand to the TNA. I wish all the best to Jayantha and I call upon all patriotic Sri Lankans to chip in few bucks towards Jayantha’s legal expences. The circumstances are such that I am now contemplating on taking up of my writing to the web sites in order I maintain my mental alertness. I kept Charles, Janaka, Kit Athul and Anoma fully aware of my findings in the three months I spent in Sri Lanka in order I refrain from making them publish in the web sites.

  2. Dham Says:

    Thank you Stanley for the update.
    Looking at recent and current behaviour of Gosl your findings seems to be correctly aligned, including RAW and killerly hinton marriage of MR. It is very sad indeed.

  3. herman Says:

    Let us face Realty, in the west and in the east, many so called “Democratic” countries have judges that are politically aligned to the ruling government. Name it, which country is Totally free and Democratic today especially when politically sensitive matters are in the courts?

  4. Lorenzo Says:

    If politicians intervene and block this case, that leaves only one option to handle TNA – violence.

    IN ACTION AGAINST TNA IS NOT AN OPTION.

  5. Nalliah Thayabharan Says:

    TNA politicians do not accept Sri Lanka as their motherland, but claim unfeasible rights, such as devolution of police and land power and the merger of East and North of Sri Lanka into one Province. With the sacrifice of large numbers of patriotic very young Sri Lankans trigger happy fascists were eliminated.
    It is time to put TNA in their place, but the TNA appears to have collected enough power with their constant consultation with India, visit to USA, UK, Canada and Australia to pop them selves as a powerful force, to destabilize Sri Lanka if the Government does not give into them.
    It is a pity that Hillary Clinton’s USA is trying to interfere into small island in the Indian Ocean which is not in any way a threat to USA’s political stability or its leadership in world politics.
    This undue interference of USA into Sri Lanka is what may give new hope to “sleeping terrorists” who USA and its Western EU & NATO allies are prepared to accept as “rebels” not being a threat them.
    We have to step down on TNA with their unacceptable demands, which could anchor foreign vultures to vindicate their rights to divide our motherland.
    UN has become meaningless as the Zionists use the UN to promote their own agendas, interposing the NATO or the US Navy to subjugate sovereign countries. They did that in Libya, they are threatening to do so in Syria and in Iran.
    the Tamil votes at the recent local government elections have not washed TNA of the blood stains of fascism. Therefore they have no right to make any claim on behalf of the Tamil people, specially because the “claims” of the fascists are not the ”rights” of the Tamil speaking Sri Lankans.
    What all SriLankans including Tamil speaking Sri Lankans want now is to live in peace, with respect and dignity.

  6. Dham Says:

    HE Lorenzo the king,
    We need the help of people like NT not war mongers. Violence should never be an option.
    Violence by LTTE , JVP only cased distruction.

  7. sumadha Says:

    This is very good step to take ban TNA,this people creating to dividing the country,this Tamils what kind of Reconciliation thy ask from Sri Lanka Haaa?
    what Reconciliation? what happen on UK LTTE protest,with LTTE flags,must take action according to our Constitution Article 157(2) TNA giving oxygen to Deasproa in overseas,Did TNA condam the act of deaspora protast,President Mahinda Rajapaksa, my full support to you,Mr. Jayantha Liyanage of Sinhala Jathika Peramuna,

  8. Lorenzo Says:

    “Shivshankar Menon, who was once India’s top envoy in Colombo, is to meet President Mahinda Rajapaksa and powerful defence secretary Gotabhaya Rajapaksa on Friday.

    Menon, who will have one-to-one meetings with both the leaders, would raise concerns over the anti-Indian stance adopted by some Sri Lankan ministers, demilitarisation of the north and east and follow up action on the UNHRC resolution which India had backed against Sri Lanka, the report said.”

    – Hindustan Times.

    Here we go again!

    I’m very sure this kallathoniya is coming to save the backs of TNA and to warn against Patali Champika Ranawaka (the only MP with a backbone in recent times).

    Bloody India is showing all the signs of IMPERIALISM.

    We need to get China down here fast before more bloody Indians threaten us.

    Will the govt sack Patali?

    Ultimately only Indian a**lickers will survive.

    If TNA survives this, only violence will save the nation. Violence does not mean terrorism. It means controlled violence surgically targeted on a few troublemakers so that 20 million people will survive. We could never have achieved peace in 2009 without using violence! Or in 1971 or 1989.

    It is ass simple ass that!

  9. Dilrook Says:

    Stanley’s account of affairs is worrysome.

    If the government or the court pander into pressure, it will be the beginning of a long period of collapse.

    What Lorenso says is also worrysome. It is now an open secret India is supporting Tamil Elam.

    K’nidhi’s Tamil Elam Support Oraganisation (TESO) is active again in India and the Indian government takes no action. To make it worse, it is done by a coalition partner of the Indian government. If Menon comes to Lanka over the ruffle it created, that is further proof of India’s attempt to create Tamil Elam.

    With TESO the old school of thought that India will not support Tamil Elam goes for a toss.

    It was India that always supported Tamil Elam. Creating Tamil Elam in Lanka saves India from the Dravidistan threat. Dravidians are happy to be part of world’s 4th largest economy, 6th superpower, Hindu majority culture, etc. while enjoying nationhood elsewhere.

    India helped divide Pakistan in Bangladesh. That actually defused Indian Bengalis’ quest for nationhood. Samething for Tamils.

  10. Dham Says:

    HE the king Lorenzo,
    Are U talking from the second mouth?
    You are the one said we should be diplomatic with India and should not antogonise them. What happend my king ?

    Ministers( useless idotic mass) must use the Mantra “It was India that always supported Tamil Elam” repeatedly 1000 times here and abroad.

  11. geoff Says:

    මල් කැන් සුවඳ දෙයි ගල් කණු වල පිපුනූ

    ලේ දහඩිය නටයි රණ දෙරණේ හැලුනූ

    ජාතිය නඟන රිසියෙන් හද ඔද වැඩුනූ

    එනු ඉදිරියට පුත පැරකුම් දුටු ගැමුණූ

  12. A. Sooriarachi Says:

    All over the world, when it comes to sensitive matters, not only do Governments interfere with the judiciary, they also manupulate the media to project a favourable view. This is most common in nations like USA and UK. However, there are also independent unbiased individuals and media oulets to expose such unethical behaviour and I believe Sri Lanka is no different. There are also instances when the judiciary goes off the rails and dictate terms to the Govt, like what happened under ex-chief justice Sarath Silva and right now in Pakistan.
    Having said all this, I totally endorse Dilrook Kannangara’s appeal for the Govt to keep off judicial hearings and this must apply to all nations.

  13. Fran Diaz Says:

    Our thanks to Dilrook for this analysis.
    TNA should be removed so that Tamil people of Lanka can enter mainstream life and live happy, productive lives.

    Some points that we like to add :

    (1) Tamil Nadu is a most troubled place. It is getting isolated form the rest of India, not accepting the Hindi language, and in its isolation tying itself to the Tamils abroad and various other foreign countries where the Tamils live now, using the Tamil language as the main tool of unity. The Tamil leaders of the TNA, TULF & ITAK reflect this negativity from TN. Their cues are taken mainly from the TN leaders.
    TN leaders had first tried to carve out Dravidastan which was a failure as the other Southern states are now working in Hindi and going along with the rest of India. Since then TN attention has turned to Sri Lanka and encouraging first the TULF and now the TNA to de-stabilise Sri Lanka, with connivance from Tamils abroad living in various Commonwealth countries, EU & USA. The aim is for a separate Tamil state (Eelam) in Sri Lanka. Eelam is a mere distraction to the isolationist/ego based policies of TN and their Caste/poverty problems and will only be a short term solution, if at all.
    Consider also the Ego problem of various TN leaders who do not seem to have any ‘bones’ to throw to distract the masses there. Latest ploy from Jayalalitha is to complain to Delhi govt. that the “Sri Lanka Navy is creating psychological fear in Tamil Nadu fishermen” !!!. There needs to be psychological fear of any type of authority only if there is intent to break the law. Do the Tamil Nadu fishermen intend to break Sri Lanka Laws and therefore the fear ? Is it because they had got used to poaching in Sri Lanka waters as their due, and to land on Lanka shores as they please, and now being curtailed through the Lanka Navy ? TN leaders have made no attempts to develop inland fisheries or coastline container fisheries, so that their fisherfolk can make a living even though they have ruined their own sea water around TN through over fishing and sea bed bottom trawling for conch shells.
    It is high time Tamil Nadu leaders took an intelligent approach to their issues re the fishermen’s problems. Also time to take a cue from the rest of South India and start using some Hindi language in Tamil Nadu and join up with the rest of the country.

    If Tamil Nadu leaders do make a sincere effort to solve their problems within their own home fronts, we wish them well.

    (2) India has much to beware of the west re investments there. The episode with Union Carbide (USA) – see details at : http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1142333/ – is a case in point where poisonous gases were released into the atmosphere in Bhopal (1984), and some 3,800 died and many hundreds of thousands fell ill, some with long drawn debilitating diseases. Recently, India declined the opening of 500 Walmarts all over India, after dangling such a possibility with USA over some years. India wants to be friends with the west re investments, but with good protection for itself. Sri Lanka has the same attitude toward western investments in Lanka. Both India & Lanka have the same goals in this respect. Protection for the People & the Environment first, a must, and smaller the enterprise the better.
    Dalliance of the west with Tamil Nadu is with investments there in mind, with a large subservient work force ?

    India’s dilemma is Tamil Nadu intransigencies. India is forced to vacillate this way and that due to Tamil Nadu ego based, wayward politics. India (Delhi govt.) would like to see Tamil Nadu join in to the Union of States of India, and not run to foreign countries or harras Sri Lanka. At the same time, India would like to see Sri Lanka toe the regional comfort lines and not run too much westward as in the JRJ times. It was because JRJ moved too far west that India trained the ltte in Tamil Nadu. It was a matter of regional politics in the times of the then Cold War between the two Superpowers. Re east/west politics, India & Sri Lanka are in the same boat – keep a sense of balance, always, and not sway too far west or east. India & Sri Lanka have much in common to share in development, but Lanka has to beware of illegal migrants especially from Tamil Nadu, the rest of India, and the region.

    I would welcome comments on the above.

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