Copy of the skeleton argument submitted to the Supreme Court in support of the application for leave to proceed at the hearing on 01 October 2013

October 4th, 2013

S.V.A.R.A. Samarasinghe ‚ (Attorney-at-Law)‚ ‚ 

‚ On 1st October 2013, there was a court proceeding at the Supreme Court of the Republic of Sri Lanka to support an application which was also described by media as an application to abolish the Thirteenth Amendment to the Constitution. On this day, the Supreme Court dismissed the application even without granting leave to proceed. As a‚  result, unfortunately, the legal issues raised have been left unresolved.

I was involved in the drafting of this Petition and also represented the client before the Supreme Court. I made the submission providing a comprehensive skeleton argument & a number of crucial issues had to be argued as it was a full hearing. Although the application was refused, the issues discussed seemed to have generated much interest. I was unable to provide copies of my skeleton argument to those lawyers who requested at the time. Accordingly, I herewith provide the skeleton argument‚  for the benefit of the legal fraternity.

I may right another article for the benefit of the general public, for whom this may be too technical.

Some of the interesting legal issues discussed may be of particular interest even to the general public. I wish to mention a few.

  1. Once a Bill becomes law, it cannot be challenged in a Court of Law. This skeleton argument analyses the relevant article, [Article 80 (3) of the Constitution & explains why the said Article does not prevent challenging the Thirteenth Amendment Act.
  2. General impression about the Supreme Court decision is that there were three decisions. Legally there were only two decisions, yes & no for the referendum. Justice Ranasinghe-â„¢s decision was -“when constitutionally interpreted- amounts to stating that the Bill needs a referendum & not just the two provisions.
  3. Constitution does not allow the Thirteenth Amendment Bill to be passed by amending it.

‚ The above issues & other relevant issues have been discussed in detail in the skeleton argument & may be of academic interest to those who are interested in Constitutional Law.

I am sending this for publication in your newspaper.

‚ Sam Samarasinghe

IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

‚ 

SC (FR) Application

No:‚ ‚  253/2013‚ ‚ ‚ 

‚ In the matter of an application under Article 126 & Article 17 read with Articles 12 (1) of the Constitution.

‚ Also seeking leave to rely on alternatively or in addition for the exercise of the inherent jurisdiction/powers of the Supreme Court, as the highest and final Superior Court of Record under and in terms of Article 118 read with Articles 3, 4, 105 (3), 125 & 132 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

‚ Mrs. Siriwardana Mudiyanselage Padmapriya Siriwardana
349/18, Main Street
Negombo‚ ‚ ‚ ‚ ‚ ‚ ‚ 

1st Petitioner

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  -v-

The Hon Attorney General,

Attorney General-â„¢s Department,

Colombo 12.

1st Respondent

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Hon. Chamal Rajapaksa M.P.

Speaker of the Parliament

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Sri Jayawardenepura

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Kotte

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  2nd Respondent

Hon. A. L. M. Athaulla

Minister of Local Government & Provincial Councils

C37 Keppetipola Mawatha,

Colombo‚ 05

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  3rd Respondent

On this 1st ‚ day of‚  October 2013

TO: THE HIS LORDSHIP, THE HONOURABLE CHIEF JUSTICE AND THEIR LORDSHIPS, THE‚  OTHER HONOURABLE JUDGES OF THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

‚ 

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  ___________________________________________________

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Skeleton Argument on behalf of the Petitioner

[hearing on 01-10-2013 in support o‚­f leave to proceed]

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  ______________________________________________________________

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  INDEX

  1. Introduction
  2. Continuing infringement & imminent infringement of FR -“Article 12 (1)
  3. Legal Basis for the breach of Article 12 (1) Breach of right to equal protection & equality before law as a result of breakdown of the Rule of Law
  4. Legal Basis relied on to establish the breakdown of Rule of Law The implementation of an invalid Constitutional Amendment -13-A
  5. Jurisdictional Issue -” Does the Supreme Court has the jurisdiction to enquire into the validity of 13-A?
  6. Legal basis of challenge into the validity of the Thirteenth Amendment [-13-A-]

‚ ‚ ‚ ‚ ‚ ‚ ‚  a)‚  Non-compliance of the Supreme Court decision‚ 

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  b) Violation of the Constitution

Legal Issue arising from the approach adopted by the Parliament

Determinations of the Supreme Court

What is the majority decision?

Analysis of the Determination of Justice Ranasinghe

Reasons for the majority decision on 13-A

7.‚  Inherent Jurisdiction

8.‚  Further Legal Precedents

Intorduction

  1. The Petitioner relies on the contents of the Application and Affidavits [already filed].
  1. The Petitioner aims to establish the following legal issues in order to seek the grant of leave.

Legal Basis for the Petitioners application & for the grant of leave

  1. This application discloses a prima facie case for an infringement of- and also an imminent infringement of- the fundamental rights by executive or administrative action as required by SC Rules 44 -“(7) (b).
  1. The relevant fundamental right infringed is -“
  1. Article 12(1) of the Constitution – right to equal protection of law & equality before law [which is not only guaranteed but also protected under Article 12(1)].
  1. The executive /administrative action whereby the infringement of the said rights

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  i.‚ ‚ ‚ ‚ ‚  Is a continuing as‚  the implementation of the Thirteenth Amendment is a continuing process‚  and

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  ii.‚ ‚ ‚ ‚ ‚  ‚ Some aspect of infringement is imminent as there is a threat of imminent full implementation of the Thirteenth Amendment which includes devolving land & police powers to the provinces & merging provinces.

‚ 

  1. The implementation of the Thirteenth Amendment has led to the infringement of the above rights because it has led to the breakdown of the Rule of Law & undermining the authority of the Supreme Court bringing arbitrariness because it is being done -

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  i.‚ ‚ ‚ ‚ ‚  violating the supreme Law of the country -” the Constitution and

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  ii.‚ ‚ ‚ ‚ ‚  in breach of the decision of the highest court in the land -Supreme Court

This also has set a dangerous precedent for the future. Accordingly, this is not only of interest to the Petitioner, but also of wider public interest.

  1. The main factual issue is whether the 13-A is being implemented & whether there is an imminent full implementation. There cannot be any dispute as to the factual issue. However, the factual aspect is evidenced by the Petitioner-â„¢s evidence in paragraphs 8 -” 14. and also by the factual content in the exhibits P-7, P-8,P-9,P-10 & P-11.

‚ 

  1. Your Lordships Court has held that the breakdown of the Rule of Law leads to the infringement of the Petitioner-â„¢s Fundamental Rights guarantee under Article 12 (1) in the Judgement Hapuarachchi and others ‚ vs Commissioner of Elections and another‚  SC FR 67/08, November 11, 2008, December 19, 23, 2008.

[2009] 1 SriLR‚  at page 16, It is stated as follows :

–¦.-ËœArticle 12(1) of the Constitution deals with the right to equality and reads as follows:

-All persons are equal before the law and are entitled to the equal protection of the law.-

Equality, which could be introduced as a dynamic concept, forbids inequalities, arbitrariness and, unfair deci‚­sions. ‚ As pointed out by Bhagwati, J. (as he then was) in E. P. Royappa v State of Tamil Nadu(18)

-From a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies, one belongs to the rule of law in a Republic while the other, to the whim and caprice of an absolute monarch.-

In such circumstances to deprive a person of knowing the reasons for a decision, which affects him would not only be arbitrary, but also a violation of his right to equal protection of the law.-â„¢..-

(although this comment has been made in the context of -failure to give reasons for a decision,- this confirms the position that the breakdown of the rule of law leads to infringement of the Article 12(1).)

Legal Basis for the breach of Article 12 (1)

  1. The establishing of the infringement or/and imminent infringement of‚  Petitioner-â„¢s Fundamental Rights depends on establishing the fact that the 13-A is invalid. This leads to following issue:‚ ‚ 

Jurisdictional Issue -” Does the Supreme Court has the jurisdiction to enquire into the validity of 13-A?

Does the Supreme Court has the jurisdiction to enquire into the Petitioner-â„¢s infringement of fundamental rights in view of the fact that it involves an enquiry into the validity of the 13-A in view of the preclusive clause of Article 80 (3) of the Constitution?

Relevant Law:

  1. The relevant Article 80 of the Constitution is quoted below:‚ ‚ 

‚ 

-80. (1) Subject to the provisions of paragraph (2) of this Article, a Bill passed by Parliament shall become law when the certificate of the Speaker is endorsed thereon.

(2) Where the Cabinet of Ministers has certified that any Bill or any provision thereof is intended to be submitted for approval by the People at a Referendum or where the Supreme Court has determined that a Bill or any provision thereof requires the approval of the People at a Referendum or where any Bill is submitted to the People by Referendum under paragraph (2) of Article 85, such Bill or such provision shall become law upon being approved by the People at a Referendum in accordance with paragraph (3) of Article 85 only when the President certifies that the Bill or provision thereof has been so approved. The President shall endorse on every Bill so approved a certificate in the follow‚­ing form : -

-This Bill/provision has been 1‚ duly approved by the People at a Referendum [duly approved by the People at a Referendum.-

No such certificate shall be endorsed by the President on a Bill -"

(a) in any case where no petition is filed challenging the validity of the referendum at which such bill was approved by the People, until after the expiration of the period within which a petition may be filed, under the law applicable in that behalf, challenging the validity of such referendum :

(b) in any case where a petition is filed challenging the validity of the Referendum at which such Bill was approved by the People, until after the Supreme Court determines that such Referendum was valid.]

Every such certificate shall be final and conclusive, and shall not be called in question in any court.

(3) Where a Bill becomes law upon the certificate of the President or the Speaker, as the case may be, being endorsed thereon, no court or tribunal shall inquire into, pronounce upon or in any manner call in question the validity of such Act on any ground whatsoever.-

[*1 -"introduced by the 15th Amendment]

‚ 

  1. Most relevant part of the Article 80 (3) of the Constitution [quoted above] is as follows: ‚ -Where a Bill becomes law upon the certificate of the President or the Speaker, as the case may be, -¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦.. , no court or tribunal shall inquire into, pronounce upon or in any manner call in question the validity of such Act on any ground whatsoever..-

‚ 

  1. Accordingly, if the Jurisdiction of Supreme Court is ousted by this Article, such ouster or prohibition would apply ONLY IF, the Act concerned falls into the category described as -such Act- in the above paragraph. The Bills so described as -such Acts- in Article 80 are explained in the sub-section 80(2):

‚ 

  1. The Article 80 (2)‚  states as follows:‚  –¦-¦-¦..or where the Supreme Court has determined that a Bill or any provision thereof required the approval of the People at a Referendum-¦-¦-¦such Bill or such provision shall become law upon being approved by the People at a Referendum-¦-¦-¦.only when the President certifies that the Bill or provision thereof has been so approved-¦-¦-¦- [emphasis added].

‚ 

(a)‚ ‚ ‚  Accordingly, -13-A Bill- requires the certification of the President after an approval by people at a Referendum to become law, as stated in the Article 80(2).

‚ 

(b)‚ ‚ ‚  Article 80 does not simply state that a Bill would become law upon the certificate of President or Speaker. The exact wording is as follows: -upon the certificate of the President or the Speaker, as the case may be, -¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦..-[emphasis added] The phrase, -as the case may be- clarifies that the Speaker-â„¢s Certificate could not be accepted where the President-â„¢s Certificate is needed. The lack of President-â„¢s certificate confirming the approval by people at a referendum takes -13-A- away from the category of -such Act- referred to in Article 80 (3).

Accordingly as the -13-A- has not been enacted through the procedure outlined in the Article 80, it is not protected by the Article 80(3). Hence, Supreme Court can enquire into, pronounce upon or question the validity of -13-A-.‚ 

  1. In this sense the 1978 Constitution is more in line with Peoples Sovereignty. The predecessor Article in the 1972 Constitution is 48 (2) is much more restrictive. It ‚ states as follows:

-48 (2).‚  No institution administering justice and likewise no other institution, person or authority shall have the power or jurisdiction to enquire into, pronounce upon or in any manner call in question the validity of any law of the National State Assembly.- [Emphasis added]

‚ 

  1. It is important to note that the 1978 Constitution omitted the phrase -any law- and qualified it by using the phrase -such Act-. This change would not have been made if such an absolute prohibition was intended.

‚ 

  1. There is another issue that may be raised against this interpretation.‚  The‚  Article 123 (4) state as follows:

-123(4)‚  Where any Bill, or the provision of any Bill, has been determined or‚  is deemed to have been determined, to be inconsistent with the Constitution, such Bill or such provision shall not be passed except in the manner stated in the Determination of the Supreme Court:

Provided that it shall be lawful for such Bill to be passed after such amendment as would make the Bill cease to be inconsistent with the Constitution.-

‚ 

  1. However, It cannot be argued that the 13-A has been validly passed by amending it as provided for by proviso to 123(4) because the Article 123 did not apply to the 13-A Bill as it is a constitutional amendment.

‚ 

  1. In any event such an argument based on proviso to Article 123 (4)‚  is relevant only to the issue of validity of 13-A & not to the issue of jurisdiction because the Article 80 does not refer to Article 123. As such, even if a Bill is validly passed under the proviso to Article 123 (4), such an Act would not be protected by the preclusive clause of Article 80 (3).

‚ 

  1. Accordingly Your Lordships Court has jurisdiction to enquire into validity of 13-A & hence into this application & is not precluded by the Article 80 (3).

‚ 

  1. Further submissions on the Jurisdiction issue would be submitted towards the end of this submission.

Legal basis of challenge into the validity of the Thirteenth Amendment [-13-A-]

  1. The basis of the arguments on the validity of 13-A is based on the following legal issues:

Has the purported passing of 13-A has compled with the Supreme Court decision?

Does the majority decision of the Supreme Court ‚ say that -the Thirteenth Amendment Bill requires the approval by the People at a Referendum by virtue of ‚ the provisions of Article 83 ?

If the answer to this question is yes, then the fact that it was passed without the approval of the People at a Referendum is a breach of the Supreme Court Decision.

Does the passing of 13-A violated the Constitution?

Does the Constitution allows the 13-A to be passed into an Act without the approval of the People at a Referendum?

The article 80 (1) -” (3) requires the 13-A to be approved by the People at a Referendum in order to pass it into a valid law. As such, 13-A did not become law. As per Article 82 (6) the 13-A shall not be deemed to have amended the Constitution.

‚ 

Accordingly, implementing the 13-A as valid law is a breach of both the Supreme Court decision & the Constitution.

‚ 

There are a number of legal issues need to be considered in discussing the conduct of the Parliament in passing 13-A as law. In order to justify the above violation of the Constitution & the majority decision of the Supreme Court Parliament has acted outside its authority by interpreting the Constitutional provisions which is the sole & exclusive jurisdiction of the Supreme Court. Further,the Parliamentary interpretations are so flawed and serious as they could st a precedents to override Supreme Court decisions and amend the Constitution illegally as they wish. ‚ 

‚ 

Issue arising from the approach adopted by the Parliament:

Is it lawful for the Parliament to delete the Preamble, New Articles 154G (2)(b)(ii) & 154G(3)(b)(ii) and then enact into law without the approval of the People at a Referendum.?

  1. The starting point should be to identify the majority decision of the Supreme Court. We set down herebelow the individual decisions‚  of their Lordships for the easy reference of Your Lordships Court-[Last two paragraphs of page 1309 and first two paragraphs of page 1310 of Hansard -" exhibited marked as P-3]:

Determinations of the Supreme Court

‚ 

  1. -The determination of four Judges of this court viz: Chief Justice, Justice P. Colin Thome, Justice E. A. D. Atukorale and Justice H. D. Tambiah, is that for the reasons set out below neither the Bill nor any provision of the Thirteenth Amendment to the Constitution-a Bill to amend the Constitution of the Democratic Socialist Republic of Sri Lanka, requires approval by the People at a Referendum by virtue of the provisions of Article 83, and that once the said Bill is passed and the Constitution amended accordingly, the Provincial Councils Bill will not be inconsistent with the so amended Constitution.

The determination of Justice K. A. P. Ranasinghe is that the provisions of clause 154G(2)(b) and 3(b) of the “Bill to amend the Constitution of Sri Lanka (Thirteenth Amendment to the Constitution)” require approval by the People at a Referendum by virtue of the provisions of Article 83. He agrees with the view that no provision of the aforesaid Bill the Thirteenth Amendment to the Constitution is inconsistent with any of the provisions of Articles 2, 3, 4 or 9 of the Constitution. He states that the. constitutionality of the provisions of the Provincial Councils Bill will depend upon the aforesaid amendment to the Constitution becoming law, as set out by him, in terms of Article 83 of the Constitution.

The determination of the other four Judges viz: Justice R. S. Wanasundera, Justice L. H. de Alwis, Justice O. S. M. Seneviratne and Justice H. A. G. de Silva is that, the provisions of the Thirteenth Amendment to the Constitution require the approval by the People at a Referendum by virtue of the provisions of Article 83 of the Constitution.-

What is the majority decision?

  1. In order to identify the judgment of the majority, we need to refer to the Constitution for guidance. For the definition of the same we quote the following Article of the Constitution below:

-132‚ ‚ ‚  (4)‚  ‚ ‚  The judgment of the Supreme Court shall, when it is not an unanimous decision, be the decision of the majority.-

  1. This lead us to identify the decisions of their Lordships of the Supreme Court.‚  In this regard it is important to note what the reference to SC was. It is found at‚  page 1315 of the Hansard [Marked as P-3] -“last six lines.

‚ 

–¦..The Constitutional ‚ jurisdiction vested in this Court by Article 120 of the Constitution to determine the question whether the Bills or any provision thereof are inconsistent with the Constitution has been invoked by the several petitioners in the above applications and by His Excellency the President by a written reference under Article 121.-

‚ 

  1. Article 120 states as follows:‚ ‚  -120. The Supreme Court shall have sole and exclusive jurisdiction to determine any question as to whether any Bill or any provision thereof is inconsistent with the Constitution:

‚ 

Provided that -“

(a)‚ ‚  In the case of a Bill described in its long title as being for the amendment of any provision of the Constitution, -¦-¦-¦..the only question which the Supreme Court may determine is whether such Bill requires approval by the People at a Referendum by virtue of Article 83;

(b)‚ ‚  -¦.

‚ 

  1. The first line in the last paragraph at page 1315 of the Annexure P-3 [Hansard]‚  identify the Bill as follows: -Two Bills titled -ËœThirteenth Amendment to the Constitution -“A Bill to amend the Constitution of the Democratic Socialist Republic of Sri Lanka-â„¢ and -ËœProvincial Councils Bill-â„¢ respectively were placed on the order paper -¦-¦-¦-¦-¦- so that the 13-A bill falls under the proviso 120 (a).

‚ 

  1. Judgment consists of decision & reasoning. Accordingly, the answer to the above question, [the only question to be answered‚  under the relevant proviso to 120 (a) is -whether such Bill requires approval by the People at a Referendum by virtue of the provisions of Article 83?- It is important that the phrase -Bill or any provision thereof- has not been used in the question. It is the answer to this question that should be identified from the judgments quoted above. Applying the above formula, the decisions of the Justices to above question would be as follows:

‚ 

  1. 27.‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Replies to the relevant question:-

‚ 

(a)‚ ‚  The decision of four Judges of the Supreme Court Viz: Chief Justice, Justice P. Colin Thome, Justice E. A. D. Atukorale and Justice H. D. Tambiah,:

‚ 

Approval by the People at a Referendum is not necessary

(b)‚ ‚  The determination of Justice K. A. P. Ranasinghe:

Approval by the People at a Referendum is necessary

(c)‚ ‚  The determination of the other four Judges viz: Justice R. S. Wanasundera, Justice L. H. de Alwis, Justice O. S. M. Seneviratne and Justice H. A. G. de Silva:

Approval by the People at a Referendum is necessary

‚ 

Accordingly, the majority decision is that an‚  approval by the People at a Referendum is necessary.

‚ 

The Constitution does require this Bill, 13-A, to be approved at a Referendum which should be followed by the endorsement of the President-â„¢s certificate on the 13-A Bill as follows:

‚ 

-This Bill has been duly approved by the People at a Referendum-

-‚ ‚ ‚ ‚ ‚ ‚  :

  1. As the 13-A bill was not so endorsed, it did not become law.

‚ 

  1. As the determination of His Lordship Justice K.A.P. Ranasinghe, has been used by the Parliament to justify the purported passing of the 13-A Bill, an analysis of his determination would be helpful:
  2. The decision could be interpreted in two ways:
    1. The decision is that only the two provisions identified as 154G(2)(b) & (3)(b) need to be approved by People at a Referendum.[this means that the submitting of only those 2 provisions for approval at a Referendum is needed as that phrase is part of the decision]
    2. The decision is that the 13-A Bill [not just‚  two provisions] need to be approved at a referendum, the reason being that the two provisions 154G(2) (b) & (3)(b) being inconsistent. [this means that the reference to -the two provisions- does not from part of the decision -” it is only the reasoning.

Analysis of the Determination of Justice Ranasinghe:

‚ 

  1. This matter comes under the proviso (a) to the Article 120, where the only question for the Court to decide is whether the Bill [not any provision of the Bill] requires the approval of the People at a Referendum. The answer is just -yes- or -no-. Anything else stated does no from a part of the decision. It is only the reasoning for the decision.

‚ 

  1. Under the proviso (a) to the Article 120,‚  Supreme Court has no jurisdiction to decide anything other than the reply to the question stated therein. Accordingly, Court has no jurisdiction to decide that any provision of the Bill requires Referendum and any such decision would be null & void for want of jurisdiction. The decision need to be interpreted in a way that it is compatible with the Constitution.

‚ 

  1. First question is -” Does the decision of Justice Ranasinghe provide the answer to the question [ to which the jurisdiction is limited] ? If two provisions of the Bill are inconsistent, obviously it makes the Bill too is inconsistent & need to be approved at a Referendum. Then decision could be divide into two parts-

‚ 

  1. Referendum is necessary
  2. Get the approval for the two provisions specified.

Court has no jurisdiction to order or even to recommend to get approval for a given provision. Hence the 2nd option above is the decision.

If the first option is the decision, then the second part need to be ignored as the Court has no jurisdiction to make such a decision & accordingly, only the first part is the decision.

‚ 

  1. When the decision is carefully analysed, it‚  becomes clear that it is the 2nd option that the Justice Ranasinghe actually intended. The relevant paragraph from the decision is quoted below: [Please see Exhibit P-3 -"Hansard -5th paragraph on page 1360 - the last paragraph of the Justie Ranasinghe-â„¢s determination]

‚ 

  1. -There is just one other matter to be-referred to. Article 123(2) of the Constitution provides that, where this Court “determines that a Bill or any provision thereof is inconsistent with the Constitution”; this Court may” also “specify the nature of the amendments which would make the Bill or such provision cease to be inconsistent”. I have considered whether such a statement should be made. In view, however, of the fact that the Reference requires this Court only to state whether a Referendum is required, ‘the fact that it was also submitted at the hearing that the only jurisdiction this Court exercises in these proceedings is to determine, in terms of Proviso (a) of Article 120 of the Constitution, whether the Bill referred to requires the approval by the People at a Referendum, and the fact that, at the hearing, this matter was also put to learned Counsel for the Petitioners but was not pursued, I do not propose to make any such statement.- [Emphasis added]

‚ 

  1. The following inferences could be drawn from the above part of the Determination.

‚ 

  1. -consider(ing) whether such a statement should be made- involves the following steps.

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  i.‚ ‚ ‚  Is the jurisdiction limited only to making statement as to whether a Referendum is required

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  ii.‚ ‚ ‚  If it is not limited so, does the Article 123 (2) apply? [because if that is theonly question to be answered, obviously 123(2) does not apply.

‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  iii.‚ ‚ ‚  As this article uses the word -may-, is this an instance such a statement could be made?

  1. Having raised this issue -“as stated by the Justice Ranasinghe- The above issue was raised at the hearing -” no objection. Impliedly admitted & hence no issue. An issue -“that the Bill cannot be passed without Referendum by amending it -” was settled by consent in the open court & hence cannot be reopened.
  2. It has been accepted by J.Ranasinghe that the only jurisdiction is -“in short -yes- or -no- to the specific question [whether the Bill -“not any provision- need the approval by People at a Referendum & hence anything else said does not comprise a part of the decision.

‚ 

  1. Justice Ranasinghe has clearly indicated that he did note the constitutional limitation & hence should be considered as having acted within the limits of the Constitution.

‚ 

  1. ‚ Secondly, it has been concluded that the consideration of the legal issue as to whether it is possible to amend the Bill and pass it without a Referendum using Article 123 was voluntarily abandoned even having raised the issue by the Justice Ranasinghe.

‚ 

  1. What the parties abandoned was not the right to amend under Article 123 as there is o such right as 123 is not applicable to 13-A.‚  What parties abandoned was the opportunity to seek the Supreme Court-â„¢s interpretation as to the applicability of Article 123 to the 13-A Bill thereby impliedly acknowledging that they do not seek to Pass 13-A without a Referendum. It is significant that this abandonment was in spite of the Courts bringing their attention to the issue.

‚ 

  1. The implied final conclusion is that Justice Ranasinghe-â„¢s decision not only states that the Bill need Referendum, but also excluded any option to amend it and pass without a Referendum.

Reasons for the majority decision on 13-A

‚ 

  1. Significance & the extent of violation of Constitution caused by implementation of 13-A becomes evident when we consider the reasons for the full bench determination.

‚ 

  1. When we consider the reasons we have to consider only the reasons given by the 5 Judges who decided that a Referendum is necessary, because-

‚ 

  1. This is a clear yes or no decision and there are no intermediate answers. The minority decision has to be rejected along with the reasons because we cannot accept‚  the reasons if we reject the decision.
  2. Out of 5 judges who decided that a Referendum is needed, only one of the Judges, namely Justice KAP Ranasinghe stated that only two provisions are inconsistent. This is minority reasoning within the majority decision.

‚ 

  1. His Lordship Justice Wanasundera states as follows in the last 2 paragraphs of his decision: [last two paragraphs at page 1357 -"P-3 of the bundle]:

-The Thirteenth Amendment requires all such persons mentioned above to take instead the oath of office-set out in the Fourth Schedule to the Constitution. this omission, it has been submitted, is discriminatory and also shows the intention of the Bill to create or to remove the restraints that prevent the creation of conditions for a separate State.

It would be seen from the forgoing that the Thirteenth Amendment seeks to create an arrangement which is structurally in conflict with the structure of the Constitution‚  and with its provisions both express & implied. Further, the provisions of the Thirteenth Amendment also contravene both the express & implied provisions of the Constitution. The Bill therefore cannot be passed without at least a referendum.-

‚ 

At page 1360 of P-3, Justice Seneviratne states in the last paragraph of his Lordships determination as follows: -I have read the order made by my brother Wanasundra J., and I fully agree with the order which has held that for many multitudinous reasons that the THIRTEENTH Amendment requires a Referendum.-

‚ 

At page 1372 of P-3, Their Lordships, L.H. DE Alwis J and H.A.G. De Silva J state as follows. After we had prepared our determination we have had the benefit of perusing the determination of Wanasundera J. We find that‚  all the matters dealt with by us are covered by Wanasudera,J. We are further in entire agreement with him on all the other matters referred to in his determination.

‚ 

  1. The majority reasons of majority decision are given above. This shows the extents of violation of the Constitution, if the 13-A were to continue. It has been submitted that the 13-A cannot be passed without a Referendum by amending it. Even if the Constitution had provided for it, 13-A cannot be amended because of the extent of inconsistency with the Constitution.

‚ 

Inherent Jurisdiction of the Supreme Court

‚ 

  1. Purporting to pass a crucial bill violating the Constitution & disregarding the decision of the Supreme Court decision is an unprecedented act and destroys the whole democratic foundation. In view of the sworn commitment of every citizen concerned to uphold the Constitution, this position need to be remedied.

‚ 

  1. The 13-A has been purportedly passed by providing flawed interpretations to the Constitution to justify the said enacting of the 13-A bill into an Act. This sets a dangerous precedents for the future which would paralyse the future application of the Constitution.‚  As such, the Supreme Court, in its capacity as the institution vested with the sole & exclusive jurisdiction to interpret the Constitution, the aforesaid flawed interpretations of the State should be corrected by replacing them with the correct interpretations. Accordingly, it is crucially important that the Supreme Court enquire into the validity of the 13-A by exercising its jurisdiction over this application.

‚ 

  1. In Visuvalingm and others -v- Liyanage and others [no:1] [1983] 2 Sri LR 311, The following‚  quote of J. Wanasundera at page242 is very relevant‚  in this case. -First, I would like to emphasise that the issues before us are undoubtedly of great Constitutional importance having far-reaching consequences. Being matters of constitutional law and in particular, affecting the authority of judges and the jurisdiction of the Supreme Court, these issues, because of their importance, had necessarily‚  to be disposed of on the first occasion they were raised or brought to our notice. What is in issue is a direct challenge to the authority and jurisdiction of the Supreme Court-¦-¦.-

‚ 

  1. Only difference in this case is -“in addition to the above, there is a serious continuing violation‚  of the‚  Constitution leading to further serious violations in the near future.
  2. Even though the challenge to a Parliamentary Act is strongly restricted in countries like the UK where the Parliamentary Supremacy prevails, this type of instances has been allowed to be scrutinised by the Courts.

Further Legal Precedents

‚ 

  1. The following quotes from the Judgment on Jackson and others (Appellants) v. Her Majesty’s Attorney General (Respondent) -[2005] UKHL 56 -on appeal from: [2005] EWCA Civ 126 is quite relevant to this application and are given below: [Relevant paragraph numbers are given]

‚ 

  1. Lord Nicholls of Birkenhead on the jurisdiction issue in a challenge to the validity of a Parliamentary Act:

‚ 

-LORD NICHOLLS OF BIRKENHEAD

  1. ‚ -¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦-¦.. -¦-¦-¦-¦-¦-¦-¦-¦ The jurisdiction of the courts
  2. ‚ ‚ Before considering this issue of interpretation I must first say something about the jurisdiction of the court to entertain these proceedings at all. These proceedings are highly unusual. At first sight a challenge in court to the validity of a statute seems to offend the fundamental constitutional principle that courts will not look behind an Act of Parliament and investigate the process by which it was enacted. Those are matters for Parliament, not the courts. It is for each House to judge the lawfulness of its own proceedings. The authorities establishing this principle can be found gathered in Pickin v British Railways Board [1974] AC 765. This principle is a reflection of article 9 of the Bill of Rights 1689: ‘-¦ proceedings in Parliament ought not to be impeached or questioned in any court’.

‚ 

  1. ‚ ‚ In accordance with this principle it would not be open to a court to investigate the conduct of the proceedings in Parliament on the Bill for the 1949 Act to see whether they complied with section 2 of the 1911 Act. Indeed, the 1911 Act makes express provision to this effect. Section 2(2) provides for the Speaker to endorse on a Bill presented to His Majesty for assent pursuant to section 2 a certificate signed by him that the provisions of the section have been duly complied with. Section 3 provides this certificate shall be conclusive ‘for all purposes’ and ‘shall not be questioned in any court of law’.
  2. 51.‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  ‚ ‚ In the present case the claimants do not dispute this constitutional principle. Nor do they seek to gainsay the conclusiveness of the certificate endorsed by the Speaker on the Bill for the Parliament Act 1949 as required by section 2(2) of the 1911 Act. Their challenge to the lawfulness of the 1949 Act is founded on a different and prior ground: the proper interpretation of section 2(1) of the 1911 Act. On this issue the court’s jurisdiction cannot be doubted. This question of statutory interpretation is properly cognisable by a court of law even though it relates to the legislative process. Statutes create law. The proper interpretation of a statute is a matter for the courts, not Parliament. This principle is as fundamental in this country’s constitution as the principle that Parliament has exclusive cognisance (jurisdiction) over its own affairs.-‚  [emphasis added]

-¦-¦-¦

  1. In the same case, Lord Bingham of Cornhill discuss the same issue:

LORD BINGHAM OF CORNHILL

-¦-¦-¦-¦-¦-¦-¦-¦..

  1. ‚ ‚ Like the Court of Appeal (see paras 11-13 of its judgment), I feel some sense of strangeness at the exercise which the courts have (with the acquiescence of the Attorney General) been invited to undertake in these proceedings. The authority of Pickin v British Railways Board [1974] AC 765 is unquestioned, and it was there very clearly decided that “the courts in this country have no power to declare enacted law to be invalid” (per Lord Simon of Glaisdale at p 798). I am, however, persuaded that the present proceedings are legitimate, for two reasons. First, in Pickin, unlike the present case, it was sought to investigate the internal workings and procedures of Parliament to demonstrate that it had been misled and so had proceeded on a false basis. This was held to be illegitimate: see Lord Reid at p 787, Lord Morris of Borth-y-Gest at p 790, Lord Wilberforce at p 796, Lord Simon of Glaisdale at p 800 and Lord Cross of Chelsea at p 802. Lord Reid quoted with approval a passage of Lord Campbell’s opinion in Edinburgh and Dalkeith Railway Co v Wauchope (1842) 8 Cl & F 710, 725, where he said:

“All that a Court of Justice can do is to look to the Parliamentary roll: if from that it should appear that a bill has passed both Houses and received the Royal assent, no Court of Justice can inquire into the mode in which it was introduced into Parliament, nor into what was done previous to its introduction, or what passed in Parliament during its various stages through both Houses”.

Here, the court looks to the parliamentary roll and sees bills (the 1949 Act, and then the 2004 Act) which have not passed both Houses. The issue concerns no question of parliamentary procedure such as would, and could only, be the subject of parliamentary inquiry, but a question whether, in Lord Simon’s language, these Acts are “enacted law”. My second reason is more practical. The appellants have raised a question of law which cannot, as such, be resolved by Parliament. But it would not be satisfactory, or consistent with the rule of law, if it could not be resolved at all. So it seems to me necessary that the courts should resolve it, and that to do so involves no breach of constitutional propriety. [Emphasis added]

  1. In the same case, Lord Brown of Eaton-Under-Heywood discuss the same issue below:

LORD BROWN OF EATON-UNDER-HEYWOOD

My Lords,

  1. ‚ ‚ These proceedings attack the Hunting Act 2004. Odd as it may seem, however, whatever views we hold upon the merits or demerits of hunting, or of the legislation which now bans it, are quite immaterial. Instead the challenge is directed to the parliamentary procedure used to enact the ban, a procedure which invoked the Parliament Act 1949 (the 1949 Act). Put shortly, this attack upon the Hunting Act stands or falls entirely upon the validity of the 1949 Act and that in turn depends upon whether it was lawful to force that Act through Parliament by the use of the Parliament Act 1911 (the 1911 Act). The precise terms of section 2(1) of the 1911 Act are central to this dispute. Rather, however, than set them out yet again, I shall take them as read.
  1. ‚ ‚ To many it will seem remarkable that your Lordships should now be asked, 56 years after the passage of the 1949 Act, to declare it invalid. At first blush, indeed, given that the 1949 Act is an Act of Parliament, it is somewhat surprising that the courts should be examining its validity at all. It was passed (as were two other Acts of Parliament before it) “in accordance with the provisions of the Parliament Act 1911 and by the authority of the same”-”such being the words of enactment expressly provided for by section 4(1) of the 1911 Act. It became an Act of Parliament precisely in the circumstances and upon the fulfilment of the conditions provided for by section 2(1) of the 1911 Act. And when as a Bill it was presented to His Majesty for assent, it had endorsed on it, as section 2(2) of the 1911 Act required, the certificate of the Speaker of the House of Commons signed by him that the provisions of section 2 had been duly complied with-”section 3 of the Act expressly providing that:

“Any certificate of the Speaker of the House of Commons given under this Act shall be conclusive for all purposes, and shall not be questioned in any court of law.”

  1. 182.‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  ‚ ‚ Yet these considerations notwithstanding, the Attorney General accepts, as he has throughout this litigation, that the courts are properly seised of this challenge to the 1949 Act, and that the attack upon its validity is in no way foreclosed either by the endorsement upon it of the Speaker’s certificate of compliance with the 1911 Act, or by the long passage of time since its enactment, or by its subsequent invocation by both main political parties to enact other legislation too. Your Lordships must, therefore, cast aside any initial inhibitions about entering upon this unusual challenge. There is no need here for judicial reticence. Rather your Lordships must examine the challenge for all the world as if the 1949 Act had only recently received the Royal Assent. [Emphasis added]
    1. Accordingly, petitioners submit that Supreme Court has Jurisdiction to hear the case and petitioners may be granted leave to proceed as this involves crucially important constitutional issues which only the Supreme Court has exclusive jurisdiction to resolve.
    2. It is respectfully submitted that the arguments raised herein may be elaborated and further new legal arguments may be submitted, if necessity were to arise.

S.V.A.R.A. Samarasinghe ‚ (Attorney-at-Law)

Counsel for the Petitioner

LIFE ABROAD – Part 47:A MAN OF SPIRIT

October 4th, 2013

Dr. Tilak Fernando

Cdn-2010-tag---In-Focus----.jpgIt is very easy to earn a reputation as a -Ëœpressman-â„¢ when your by-line appears in Local tabloids as well as in Sri Lankan English newspapers where you become a -Ëœbuddy-â„¢ automatically with everyone within the expatriate community in the UK.

This situation helped me in my journalistic hobby where I managed to file news, general features, scoops or even -Ëœexplosive-â„¢ category! What I learnt from the London School of journalism was to be objective, constructive and factual on any criticism or praise, and to write in simple language ensuring that the writing did not -Ëœgo over the heads-â„¢ of the majority of the readership.

Powerful personality

In such a backdrop I came across some interesting personalities in London to write about. One such legendary personality was Dixon Kotelawala, whom I met towards the beginning of 1990 in his London at his flat in Maida Vale, in the presence of his lady friend Fiona who was connected to the British Royalty.

Dixon had been very powerful during his Cousin Sir John-â„¢s premiership, acting more or less as Sir John-â„¢s -Ëœpersonal secretary-â„¢. He was a vegetarian at the time I met him and had undergone by-pass heart surgery.

Dixon Kotelawala happened to be one of the remaining links of the once powerful Kotelawala pedigree that was seemingly heading towards a gradual -Ëœextinction-â„¢. As a man who was privileged to move with the international, political and social hierarchy, including the British Royalty (delivered special gifts of Ceylon tea personally to Buckingham Palace from Sir John) he never lost the common touch, and displayed a noble quality of treating the two imposters in life, triumph and disaster in life like the pitch and toss!

z_p05-LIFE-ABROAD--.jpg
Sunethra Devi – Air Ceylon

On the telephone he sounded exactly a replica of Sir John. Soon I realised that he had inherited the same level of temperament of his cousin, Sir John. When he became bad-tempered or if someone made him irritable for some reason, he was enraged to the point of shivering with uncontrollable anger and started to gnash his teeth.

Childhood

z_p05-LIFE-ABROAD-01.jpg
Sir John Kotelawala

He had been a -Ëœdare devil-â„¢ during his adolescence who could not see -Ëœeye to eye-â„¢ with his father. Once after a disagreement with his father he left the house and took to his heels in anger along the streets in Colombo only to be brought back to Horton Place where his aunt, Alice Kotelawala (Sir John-â„¢s mother) lived.

During my chinwag with Dixon, he reminisced in a most loving and appreciative demeanour how Alice Kotelawala sympathised with him after his foolish act of -Ëœrunning away-â„¢ from home. Alice Kotelawala kept him at her residence and later sent him to St. John-â„¢s school boarding house at Panadura and paid for his education including boarding fees and looked after his welfare altogether. At school he excelled in sports, especially in boxing and won two Ceylon flyweight and feather weight titles.

Career

In 1940, upon enlisting as an officer cadet with the Royal Air Force in the UK and undergoing pilot training Dixon Kotelawala was confined to bed for a long time with pleurisy. Subsequently, in 1946 Dixon Kotelawala returned to -ËœCeylon-â„¢ and joined the Civil Aviation as an Assistant Aerodrome Officer and progressed speedily in the promotional ladder. During his period of employment in the Civil Aviation he had to work under his cousin Sir John coincidentally, who was the Minister of Transport.

Both Dixon and Sir John Kotelawala shared a similar character and temperament. Despite Sir John being a man of unchangeable and fixed opinions Dixon managed to -Ëœget on-â„¢ very well with his cousin because, as he put it, I quote: -Strangely enough Lionel was very tolerant with me because he would probably have realised that I had a streak of human in me.-

Immediately after Dixon Kotelawala got promoted to the rank of -ËœCaptain-â„¢ at the Civil Aviation Authority, on December 21, 1949 Air Ceylon aircraft, Douglas DC-3 Dakota VP-CAT (Sunethra Devi) took off from Ratmalana airport with Dixon Kotelawala at the controls as Captain, Simon Rasiah as First Officer (co-pilot), Hector Fernando as the Radio Officer and air hostess Ranee Ranawake.

Tragedy

After a few hours of flying over the Indian ocean -ËœSunethea Devi-â„¢ crashed into the ground at Trichinopoly but without any loss of life miraculously; the broken parts of the flying machine ended up at a scrap yard for metal!

Dixon Kotelawala suffered superficial injuries but Simon Rasiah, the co-pilot suffered a fractured skull and a broken forearm.

During our casual chat at his Maida Vale flat he recalled this incident and explained to me how -a fuselage panel adjacent to the Radio Officer’s position had been torn off exposing a gaping hole in the side of the plane and fire-fighters started liberally spraying a mixture of water and form instinctively at the wreck from outside when Hector Fernando was still in a stunned position glued to his seat !

In a silent aside he whispered in my ear how he -Ëœlet his co-pilot carry out the landing-â„¢ although he was not officially authorised to do so! Such liberties could have taken only by a senior Captain who was authorised to conduct in-flight training of pilots!

As the Captain of the aircraft, Dixon Kotelawala naturally had to take the blame and responsibility for the disaster. However, during the official inquiry it was concluded that despite -ËœSunethra Devi suffered technical problems during that flight, the aircraft had been flown and the landing had been attempted by co-pilot Simon Rasiah-â„¢. Much later on when Sir John Kotelawala became the Prime Minister, Dixon Kotelawala was appointed as the Director of Civil Aviation.

Senasuru Erastaka

Dixon Kotelawala never paid any heed or gave any importance to astrological projections or predictions. Once a soothsayer warned him about a pending a ‘senasuru erastaka-â„¢ (severe planetary ill effects) on his life, but treating all such guidance as hogwash he decided to get married to find his marriage lasted only for eighteen months.

It was a time for him to put his so called friends into the acid test. Soon he realised that those who were hobnobbing with him when he was in power and doing well in life suddenly turning against him over night. Even the journalists who showed much respect earlier started to dip their pens in garlic in writing harsh and colourful reports detrimental to his character which made Dixon Kotelawala decide to throw the towel in and leave Sri Lanka for good.

New life in London

In London while picking up broken pieces of his life-â„¢s jig-saw he started to stretch his business tentacles to Europe. Soon he became the Chairman of on Oil Company with exclusive exploration rights to dig oil and gas (off-shore) in a developing country. Astrologers-â„¢ prophesy of his being under the influence of -Ëœerastaka-â„¢ for a 23 year period apparently had a bad effect on the oil business too which ended up in disaster.

During that traumatic period he had to undergo heart surgery. Post operative strong drugs made him imbalanced, more aggressive and at times mentally disorientated. Fatal news that followed suggested he was even suffering from a -terminal illness- which not only added to his volatile temper but he began to -kick his own goals-!

Dixon was not the religious type yet his words were: -Love and Kindness towards one another is God-, a complete transformation from an -overconfident man- once to a simple kind hearted fellow who felt a lot for other human beings.

During the last stages of his life when he was sharing his life with Fiona, a charming and elegant lady from the British aristocracy, and he was full of beans. Once I casually put a question to him by asking:

-Dixon, -Ëœnow that you have fully recovered, financially, emotionally and physically and are determined to live up to 90 what is the secret being your being young looking and virile?-

His answer came back like a shot: -Look here my dear fellow; it-â„¢s not the chronological age that counts but the functional-! (Laughter)

It took me in a flash how his cousin, Sir John Kotelawala replied to the columnist of -ËœFly by Night-â„¢ Column in the Ceylon Observer while he was the Prime Minister when asked a similar question:

Columnist: -Sir! you seemed to be very fluent in French, and where did you learn the French Language?- Sir John without batting an eye lid answered: -In between the blankets of Paris-!

Finally when Dixon Kotelawala bid good bye to his human sojourn Fiona, being a British and a true friend, fulfilled all Dixon Kotalawela-â„¢s aspirations (after his demise) by conforming to Buddhist religious traditions and rights from London in transferring merits to the departed soul.

During the funeral arrangements she approached me and made one simple request to try and invite a Buddhist monk who could speak in English when last rights were performed before the interment in order that she could understand and share the feelings of separation in her own right.

tilakfernando@gmail.com

– See more at: http://www.dailynews.lk/features/man-spirit#sthash.WU16TZzl.dpuf

Series of articles by Rosie DiManno carried in the Star from September 20 -” 24, 2013

October 4th, 2013

Mahinda Gunasekera,Toronto, Ontario, Canada

To The Editor, Toronto Star, Toronto, Ontario

‚ Dear Editor,

Series of articles by Rosie DiManno carried in the Star from September 20 -” 24, 2013

‚ I am writing with reference to the series of articles on Sri Lanka written by your correspondent‚ ‚  Ms. Rosie DiManno which were published daily in your newspaper on five consecutive days from September 20 -” 24, 2013 inclusive.‚  While it is a good thing to have situation reports presented by correspondents visiting the country, she appears to have gone there with certain preconceived ideas probably fed to her by vested interests operating in Canada that are hostile to Sri Lanka and financiers cum propagandists for the militarily defeated Liberation Tigers of Tamil Eelam(LTTE), which carried on a violent insurrection to create a mono-ethnic separate state for Tamils including suicide terrorism for a period in excess of 32 years.‚  I intend to specifically deal with erroneous statements contained in her reports which were spread over 5-6 full pages of your newspaper.

The Sri Lankan Army personnel serving in the northern province have been referred to as an -Ëœoccupying force-â„¢ which is totally incorrect, as the country-â„¢s armed forces could be stationed anywhere‚  within the sovereign territory of the island nation just as much as Canadian troops have bases in all regions of this country.‚  Currently, there are less than 14,000 soldiers in the province with most of them engaged in de-mining, building roads, rail tracks, restoring or rebuilding other infrastructure required by the resettled civilians such as schools, health facilities, irrigation reservoirs, electricity, water services, etc.‚  Temporary military camps set up in places previously occupied by the Tamil Tiger terrorists (LTTE) have all been handed over to the civilian owners to whom rent was paid for the period of occupancy.‚  The only high security zone still to be sorted out is the area around the main base at Palaly located in the Jaffna peninsula which were taken over by the military as Tamil Tiger cadres earlier entered these lands and shot down two or three aircraft coming in to land on the airstrip at the base.‚  Lands so acquired that would not affect the security of the base ‚ will be given back to the rightful owners with due compensation.‚  Even if the extent of private land occupied by the Army is 6,000 acres as mentioned by her, the land area of the northern province is 8,884 sq. km. which leaves enough room for civilians in this sparsely populated province with a density of just 120 per sq.km. as against the national average of 340. ‚ Furthermore, most of the civilians do not have proper deeds as they have produced -Ëœlicenses-â„¢ probably issued by the LTTE. It is still to be verified if some of them are Sri Lankan citizens or illicit immigrants from Tamilnadu in South India brought down by the Tigers for their failed war effort.

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Other striking errors I noticed in her reports are as follows:

1)‚ ‚ ‚ ‚ ‚  -At most Sri Lankan Universities, the entry standard is higher for Tamils- a racist policy Implemented in the early -Ëœ80s that provoked massive riots-.

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This is a complex issue which originated in 1972 as an affirmative action program to provide relief to children in schools with limited facilities, whilst requiring children attending premier schools in developed districts such as Jaffna, Colombo, Kandy, and Galle, having to score a higher minimum aggregate to qualify to apply for admission to the only two universities in Colombo and Peradeniya. ‚ Minimum initial score fixed for Jaffna which had the highest number of -ËœA-â„¢ grade schools with a competent staff, library and laboratory facilities was 250 whilst the minimum aggregate for the other three districts was 239. This did not have much of an impact as those admitted had to score much higher marks to fill the limited number of spaces out of a total intake of about 3600 students for both universities.‚  With the establishment of more universities in Jaffna, Galle, and Sabaragamuwa, which increased the intake in the late 1970-â„¢s and the minimum aggregate score being lowered to 200 for all candidates, students selected on merit had no grounds to complain.‚  Students from backward areas with very limited facilities too were now able to enter the universities from rural schools including five of twelve such districts in the north/east with a majority of Tamils in Killinochchi, Mullativu, Mannar, Vavunia and Trincomalee.‚  Opening of the -ËœOpen University-â„¢ allowed for a further 10,000 student admissions for tertiary education easing the situation further. The ratio of admissions from developed and backward districts are gradually being eliminated by raising the number admitted on merit. ‚ In fact, Jaffna district which was the most vociferous objector to the to this affirmative action program at the early stages fell behind as a result of the Tamil Tigers terrorist insurgency, compelling them to seek special treatment as a backward area which was granted in 1997 by the University Grants Commissions allowing selection based on a lower minimum aggregate score.‚  More new universities have since been established in Moratuwa, Oluvil, Wayamba, Uva Vellassa, etc. affording more opportunities for graduate studies in the island.

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2)‚ ‚ ‚ ‚ ‚  – The politics are a curiosity, if also a groundbreaking advancement for the disenfranchised of Sri Lanka-â„¢s Northern Province, historical homeland to this country-â„¢s Tamil minority -¦-

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The Tamils in the north were never disenfranchised as they have voted at general elections and sent their representatives to the parliament, some of whom continue to hold cabinet ministerial rank.‚  They have participated in local government elections for the Jaffna Municipal Council and other local bodies in government controlled areas despite the elected mayors and some candidates being assassinated by the Tamil Tigers.‚  Those that lived in the Vanni region which came under the control of the LTTE were unable to exercise their democratic right to select their representatives to the local councils as the Tamil Tigers prevented them from doing so while declaring that they were the sole representatives of the Tamil people. ‚ The LTTE only allowed them to vote for the Tamil National Alliance (TNA) their proxy party at general elections, and took strong action against dissenting persons if any who were violently done away with.‚  It is only after the defeat of the Tamil Tigers, the displaced civilians forced to move with the retreating LTTE forces during the period 2007-2009 have been able to resettle in their villages following de-mining of the land and provision of habitable homes and infrastructure been able to once again take part in the democratic process and elect their representatives to the Northern Provincial Council.‚  ‚ ‚ ‚ 

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The Tamils were predominantly settled in the northern province, although today a larger number estimated at around 55% live outside in the southern regions of the island in mixed ethnic surroundings.‚  Tamils form the majority community in the capital city of Colombo where they comprise nearly 41 percent.‚  Having forcibly ejected the 27,000 Sinhala residents of Jaffna from the northern ‚ province and the Sinhala students and staff attached to the Jaffna University prior to 1981, and the 90,000 Muslims on 48 hours of notice to leave the mainly Tamil areas of the north in 1990, the Tamils are said to be around 95% of the northern province. They have expressed their opposition to the right of return of the former Sinhala residents.‚ 

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The Tamils from South India constantly carried out raids to plunder and pillage, first arriving in the island as invaders in the 3rd-4th century B.C. when they succeeded in capturing pockets of territory, and on one occasion the Rajarata region (where the seat of government had been established in the former capital city of Anuradhapura) for short periods extending from 1-40 years, till such time as the indigenous Sinhala people drove them out to regain the country. ‚ South Indian Tamils later started to arrive as settlers in the 12th century A.D. and even set up a‚  sub-kingdom called Jaffnapatam confined to the Jaffna peninsula and a narrow strip of land on the northwest coast extending to Mannar in the 14th century AD, which lasted about 150 years. This sub-kingdom was required to pay tribute to the main Sinhala King ruling the island from either Kotte or Kandy.‚  The Sinhala King regained suzerainty over the sub-kingdom of Jaffnapatam before losing the territory in 1591 to the Portuguese forces that controlled the western seaboard from 1505 to 1656.‚  The Portuguese territories along the coast were taken over by the Dutch who held control till 1796 when they transferred the Dutch controlled territory to the British. Britain came to rule the entire island in 1815 when some of the Chieftains of the Kingdom of SINHALE controlling the central hill country ceded power to the British under a treaty called the Kandyan Convention. ‚ ‚ The Portuguese and the Dutch brought in South Indian Tamil labour to cultivate tobacco in their coastal territories. Later, the British brought in nearly a million Indian Tamils to work on the newly established plantations to grow cocoa, coffee and tea on lands confiscated from the Sinhalese without a penny in compensation.‚  The bulk of the Tamils were brought in by the European colonial powers from the 16th century onwards who first settled in the north of the island thereby forcing the Sinhala residents to move further south, whilst the British brought in indentured South Indian Tamil laborers to work on plantations set up in the central hill country after dispossessing the indigenous Sinhala people who lived there..

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There are no areas within the island that is recognized as an exclusive homeland of any particular ethnic community.‚  The island belongs to all the citizens of Sri Lanka from the various ethnic communities and is the common homeland for each and everyone. ‚ Sri Lanka-â„¢s history goes back a long way with the discovery of the -ËœBalangoda Man-â„¢ whose skeletal remains and artifacts were found in a cave in the South Central parts of the island which have been‚  dated to be around 35,000 B.C.‚  If at all, it is only the indigenous Sinhalese people who could claim the island as their homeland as they founded the nation of SINHALE over 2,500 years back, with a recorded history from that time, as found in the ancient records known as the Deepawansa, Mahavansa,‚  Chulavansa and Rajavaliya.‚  There are numerous rock inscriptions confirming the sovereignty exercised by the Sinhala people from the earliest of times, and ruins of ancient Buddhist temples and other cultural objects and symbols that link the land to the unique heritage of the Sinhala people. ‚ ‚ Further proof of the Sinhalese presence in the Jaffna peninsula and the northern areas are the Sinhala place names which have been later Tamilized as accepted by Tamil historians, namely, Father Gnanaprakasar and Mr. S. Coomaraswamy in discussions they had with British colonial archaeologists Lewis and Horsburg in the 1920-â„¢s, then reported in the Ceylon Antiquary.

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3)‚ ‚ ‚ ‚ ‚  -It remains unknown how many of the 330,000 civilians trapped in what became known as the -ËœCage-â„¢ where the Tigers made their last stand were killed.‚  The UN now estimates up to 40,000 people may have died, though other rights groups such as Amnesty International suggest the numbers may have been as high as 70,000.-

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In the first place, the figure of 330,000 too is questionable as it is the estimated population within the -ËœNo Fire Zone-â„¢ at the end of February 2009 provided by the Assistant Government Agent, Mr. Parthipan, based on figures obtained from Grama Sevakas (Village Headmen) who were village folk aligned with the LTTE also trapped in the NFZ. It was common knowledge that the population numbers were always inflated in order to obtain higher quotas of food and other essentials to be delivered by the government.‚  No census had been carried out in the Vanni areas as it was not allowed by the Tigers.‚  The same Mr.Partipan reported the population as being 305,000 at the end of March 2009 and 150,000 at the end of April 2009. Meanwhile, the number of registered IDPs rose from 36,000 to 57,000 and 172,000 by April 30th, leaving one to conclude that 4,000 went missing in March and 40,000 in April, whereas such huge numbers being killed would have been brought to the notice of the outside world by informants within the NFZ. In fact, the propaganda arm of the Tigers known as the Tamilnet only reported 1349 deaths in March and 2601 deaths ‚ in April 2009.The figure of 330,000 is clearly an inflated number that shows inaccuracies when combined with the number of registered IDPs who crossed over to government controlled areas and the reported deaths by LTTE sources. Detailed analysis carried out by Kath Noble under the title -ËœNumbers Game-â„¢ published in the Island newspaper on July 3, 2013 and Prof. Michael Roberts-â„¢ notes in his blog reveals the discrepancies earlier pointed out. Refer : http://thuppahi.wordpress.com/2013/07/14/numbers-game-reviewed-by-kath-noble-the-full-monty/#more-9822 .

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The highly exaggerated guesstimate of tens of thousands of civilians being killed by the Sri Lankan forces said to be in the range of around 40,000 was based on reports prepared by the rights groups such as the ICG and HRW located in Brussels and New York respectively, which data was lifted verbatim and included by the UNSG-â„¢s Panel of Experts in their report according to Japanese diplomat Yashushi Akashi.‚  These inflated guesstimates were arrived at by the rights groups and UNSG-â„¢s Panel after a lapse of almost two years based on hearsay evidence coming from one side of the conflict which is obviously prejudiced, and without any of these parties visiting the country.‚  The UNSG-â„¢s Panel members whose writings and statements showed a clear bias against Sri Lanka also required the evidence presented to them to be locked away for a period of twenty years. The High Commissioner for Human Rights, Navi Pillay, who constantly harps on this unverified number of civilian deaths took the highly unethical step to table the UNSG-â„¢s Panel report which is not an UN authorized report at the UNHRC sessions in Geneva, and even endorsed it despite its many shortcomings.

Research commissioned by Amnesty International and Human Rights Watch from the American Association for the Advancement of Science based on satellite imagery following the initiation of the operation to capture the No Fire Zone on May 9th, in which there was talk of indiscriminate shelling, is now completely ignored because it did not support this conclusion. The analysis shows that contrary to the assertion that the Army continually adjusted its batteries to target the No Fire Zone, what it was actually doing was supporting its advancing forward defence lines, while the vast majority of its fire bearings missed concentrated pockets of IDPs.

Sri Lanka on her part established a special Commission of Inquiry known as the LLRC which held open sittings and published their report after 18 months in November 2011, the bulk of whose recommendations are being acted on by the Government of Sri Lanka.‚  Sri Lanka also carried out a census in the war affected areas of the north and east using school teachers and other such ranks from within the Tamil community as enumerators to determine the number of war related deaths in the final stages for the period from January 1 to May 18, 2009. According to the census count, the total number of war related deaths was 7432 of which the cause of 584 deaths remained unknown.‚  If one were to adjust for 4,000 LTTE combatants who would have died in battle which is about the same number that the Sri Lankan Army lost during the same period, the balance comprising civilians and LTTE fighters in civilian dress will be 3432 which is a far cry from the much hyped 40,000 deaths.‚  The UN Resident Representative in Colombo estimated a total of 7721 deaths apparently based on information collected from their local staff of over 200 who remained in the area as they were prevented from leaving by the LTTE, all of whom survived unharmed and took refuge in the welfare camps set up in Vavunia. This UN estimation of 7721 deaths in the five months of 2009 was strangely ignored by the UNSG’s Panel of Experts and the leading rights groups.‚  Even the Tamilnet which was a propaganda arm of the LTTE reported a total of only 7398 deaths for the same period.‚ ‚ 

I have tried to deal with some of the inaccuracies contained in her reports carried in five full pages of your newspaper which I considered to be most damaging, by providing data from numerous sources in order to contest her position and bring out the erroneous statements. I trust you would publish my response in full so that your readers may assess the truth.

Yours sincerely,

Mahinda Gunasekera

Exactly how many conflicts has the UN solved to be issuing post-conflict ultimatums?

October 3rd, 2013

Shenali D Waduge

Let-â„¢s see -” where do we start. A group of busy body nations working in cahoots with an outdated and incompetent global body known by all as the UN enjoys coming to the picture during crisis situations but not before the crisis gets out of hand and after crisis situations but not because it has done anything to bring the crisis to a close. Thereafter, they seem to think that they can wave red cards and nations and natives have to bow down in submission. While having no formula whatsoever that had successfully ended conflicts and brought peace once a nation has managed to eliminate the factor strangulating the peace, these UN and other busy body seems to think that the peace-dawned nation has to follow its post-conflict templates or face ultimatums and their inquiries. Now we think this is downright going overboard and the bullying must stop.

The instances that the international community and the UN had to solve Sri Lanka-â„¢s terrorist issue were many. Did they? No. Why? Because the -Ëœterrorist-â„¢ situation worked well for nations and foreign leaders for that became a perfect way to push other agendas through, forge deals, purchase weapons and sign on the dotted line of debt. This went on for more than a few decades helped of course by local governments riding on the terror factor for it suited them to remain in power. The dynamics of why terrorism persisted in Sri Lanka have many dimensions and a lot of guilty parties all round. Yet, what cannot be forgotten is that it was the bravery of our soldiers sacrificing their lives, saving hundreds of thousands of humans in the process and even delaying the inevitable so that the Congress would win the Indian elections that ultimately saw the defeat of the world-â„¢s most deadliest terrorist organization -” the LTTE. Of course, we agree that its fighting capacity was only eliminated and the LTTE in suits remain at large still.

The issue that we currently face is when a lot of people who wear the cloak of human rights, the legal qualifications to back their role and the experience to claim respect had never come out with that -Ëœeureka-â„¢ formula to end conflicts and if they couldn-â„¢t come up with a formula to end conflicts how can they have a formula that works for post-conflict and more importantly if these same people didn-â„¢t do anything to end conflicts why should they have any role in post-conflict?

What-â„¢s more, simply because of their international title and the fact that they can pluck out any term or word from the Oxford dictionary and issue press releases which are then picked up by mainstream media who twists the words and sentences around and issues almost replica news stories, exactly why should nations put up with the nonsense? Is it because they control the world-â„¢s finances, the world trade, world human movement etc-¦ yes that is exactly why Third World or rather what they term as -Ëœuncivilized-â„¢ countries end up having to submit to their whims and fancies. Yet, there are some of us who think that this charade needs to now stop.

The UN is today irrelevant; the objective with which it started is nothing that it can honor given the ground realities and the power yielded by a handful of super power nations. Conflicts and rebels almost always go hand in hand with a global arms supply both illegal and legal to which nations and their leaders become puppets of the transnational corporations that profit from the sales and manufacture alongside all other networked operations -” therefore no country will ever be able to solve any conflict unless the solution reached is of benefit not to the parties involved but to the players or the stakeholders involved.

Let-â„¢s just take a look at how successful the UN has been in solving conflicts

There are 148 organizations currently officially designated as terrorist by various governments though there is no coherence with countries delisting-relisting so there is no common agreement on a single globally accepted terrorist list. There are also many charities that have been designated as terrorist organizations which clearly establishes how terrorist movements have penetrated the charity mechanism to funnel funds and enter nations and channel people on the pretext of doing social, development and charity.

‚§‚  Conflicts over 50 years : Colombian conflict since 1964 and close to 600,000 deaths. Kashmir since 1947 with over 60,000 fatalities, Israel-Palestine since 1948, North-South Korea since 1945,

‚§‚  Conflicts in Africa : Somali, Sudan, Western Sahara, Gambia/Senegal, Uganda/Congo/Sudan, Nigeria, Mali, Tunisia, Mauritania, Niger, Libya, Guinea

‚§‚  Conflicts in Asia/Middle East : Syria, Bahrain, South Yemen, South Thailand, Turkey, Philippines, Naxalite/Maoist- India, Myanmar, Israel-Palestine, India-Pakistan (Kashmir) are just a few.

There-â„¢s not a single country that does not have some kind of rebel group and to confuse matters these groups have come to be called by various terminologies -” non-state actors, state actors, international armed groups and each being categorized by various features which these groups themselves may be clueless about. In categorizing these groups, it has become convenient to use these terminologies not against the armed groups themselves but the countries that are victims to the violence unleashed by these groups. Almost always the violent party has been given the soft corner whilst it is the Governments that have been taken to task and the simplest excuse has been to say that they are not signatory to any of the international laws or Geneva Conventions yet why does the international law governors provide haven for these armed groups under these very laws that they are not signatory towards. The simplest reason is that no sooner a rebel group emerges there is always external and internal factors providing them the means to channel large consignments of arms and logistics assistance to kickstart a long drawn out conflict and these conflicts almost always end up bargaining arenas for the big nations to use against conflict-ridden nations. It is not without reason that trade agreements and pacts come with assurance of being good boys in human rights and there are always ways to ensure countries never keep the good boy records in human rights. The media is the instrument used to showcase that countries remain the bad boys of international politics and they can do a marvellous job to even create stories!

In short when covert and overt tactics are applied by the very nations claiming to champion peace and resolve conflicts where do countries realistically stand? Was this not the case with Sri Lanka? How many of the countries that on the surface pretended to help resolve the conflict were assisting the LTTE by harbouring its terror associates, providing technical assistance, allowing LTTE charities to collect funds and organize fund raising initiatives and even trained and supplied arms and ammunition to the LTTE? Is this not why LTTE could control territory for decades and none of the UN pundits did anything except treat the LTTE leadership as VVIPs in par with the Sri Lankan Government and ample video footage is available to show with what open arms the LTTE were greeted by these foreign leaders/UN officials.

Sri Lanka tried every formula the -Ëœinternational community-â„¢ and the UN came up with. Sri Lanka-â„¢s terrorists were allowed ceasefires, negotiations, the armed forces were humiliated to the level of having to escort terrorists, and terrorists were even given climatic changes by arranging talks at foreign locations and exotic destinations but their killings never stopped and nothing was done about the killings either.

We are now in a precarious situation where powerful governments such as US, UK and France are openly arming, training, financially supporting and even importing terrorist to countries that they want to dislodge leadership or destabalize so as to establish bases fortifying their presence in the region and all these incursions and invasions are simply turning all UN initiatives into a joke.

Exactly what good are international laws when the nations quoting from them think that they are immune and excluded -” US questions military presence of nations while it uses status of forces agreements to ensure US military presence prevails in over 190 countries! When India demands devolution and greater autonomy it gets into a wind when questioned about Kashmir, similarly all other super power nations will not hear of their dirty linen brought into the open for investigation but are all the while ready to point fingers at other nations whose situations have been engineered by them!

Moreover, exactly what power do officials of the UN have to stop conflicts and nations that fund and continue conflicts known as proxy wars whilst pretending to be championing peace? If the UN can do nothing but issue worthless statements is there any reason having such a global entity meant to maintain peace? What good are these annual conferences, meetings and forums if in reality conflicts have not abated, conflicts have gone from simple arms struggles to far worse scenarios of nuclear and toxic weapon usage which is now not only destroying lives, but leading to defective births and affecting the environment. The UN is just a ceremonial faĤade and members end up delivering speeches with little meaning except for the emotional outbursts that targeted nations use the opportunity to bring to light. Of course the international legal systems tied to trade and human rights ensures that the leash on Third World nations is so intact that there is very little room for these Third World leaders to wriggle out of.

However, if the Third World nations do rise together, refuse to continue to function in a way imperial neo-colonists wish them to we may see a dynamic shift in things. To do that the cloned local colonials need to be first excluded from the decision making process and nations need to nurture a national pride coupled with a home-grown solution that will compliment and coordinate with the region. This way trade can take place as it did in the past based on mutual understanding and respect before the greed of acquisition took the better of people as was seen when colonials came to plunder and exploit nations and destroy ancient cultures and religious ethos of the nations.

What needs to be categorically stated is that entities of the UN, officials claiming to have all the templates to deliver peace have very little to show as achievements or success stories in contrast to the failures from their interventions and involvements -” Kosovo, Libya, Iraq and even Egypt are good examples. In such instances how can their post-conflict formulas and templates work for a country like Sri Lanka who having listened to these international pundits who could not offer any solution decided to put end terrorism on its own terms thereby becoming the ONLY country with the pluck to end terrorism. That terrorism with terrorists in arms were defeated but not terrorists in suits goes to show the double standards and hypocrisies that prevail for it is the promoters of these terrorists in suits that are now using the international laws and formulas to ensure Sri Lanka-â„¢s peace remains at a stalemate.

It is time all the nations facing conflicts which have been unfairly treated by the UNO in view of the real culprits not been taken to task decide to jointly issue a resolution putting on record the hypocrisies that prevail for the world needs to know that some of the nation-â„¢s claiming to be human rights champions are simply fooling us and themselves-¦and Navi Pillay is just a messenger for them.

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Mahinda Rajapakse -” the liberator of Jaffna

October 2nd, 2013

H. L. D. Mahindapala

The meaning and the significance of September 21, 2013 -” a unique day in the calendar of Jaffna -” can be grasped only if it is placed in its proper historical context.‚  It is a red letter day that goes beyond the rhetoric of Tamil triumphalism. After the defeat of the violent Tamil terrorists in Nandikadal, 21/9/13 is projected as the non-violent electoral victory of the Tamils over the Sinhalese. That is the least important aspect of‚  21/9/13. Tamils have voted on similar lines before. And no one expected the results of 21/9/13 to be different from previous elections. So the ethnic slant given to the interpretation of the results is really shallow. Besides, an electoral victory within an undivided, unitary state is not the same as‚  sealing a victory in a separatist battlefield where the dividing territorial boundaries are demarcated with a degree of finality.

The voting, of course, gives the TNA the foremost place among its rivals. But how long will that last? Will their performance in office enable them to retain the same strength further down the track? The TNA is also a loose coalition of contradictory forces. Can TNA-â„¢s centre hold the competing and the ideologically diverse forces together? Though the voting on 21/9/13 was predictable their future is not. In any case it is rather superficial to read the voting results as a victory of the Tamils over the Sinhalese. What is significant is the victory of the Tamil people over the fascist tyranny that dominated their entire political history. Never ever in its history -” from Sankili who massacred 600 Catholics for owing allegiance to the Pope and the King of Portugal to Velupillai Prabhakaran — were the people of north given a free choice to elect their representatives to run the north as a separate administrative unit. From Sankili to Prabhakaran the northerners were kept under the jackboot of ruthless Tamil leaders, including the Vellahlas sub-rulers, who controlled Jaffna with a casteist iron fist.‚ 

It is against this unrepresentative, undemocratic background that 21/9/13 assumes its great significance. On this date Tamils of the northern territory were given the first opportunity to exercise their political will freely and elect their‚  chosen candidates to act on their behalf without the overwhelming impact of the casteist/fascist culture that denied the Tamil people their elementary right to be human. Sir. Ponnambalam Ramanathan and the Vellahla elite who opposed the Donoughmore reforms of granting universal franchise in 1930 were finally defeated on 21/9/13. ‚ The pendulum that swung from the extreme of Vellahla caste fascism to Prabhakaran-â„¢s political fascism has finally come to rest in the democratic middle of the Provincial Council. This also marks the entry of Jaffna into the 21st century, after meandering its way traumatically and violently through feudal casteism and Tamil Pol Potism of Prabhakaran.

The revolution that took place on 21/9/13 was to institutionalize democratic structures to end the ingrained fascist culture of Jaffna. The new democratic political culture, introduced on a firm footing for the first time on 21/9/13, will test the ability of the Tamils to govern themselves on democratic principles. The TNA consists of inexperienced novices who had never touched the levers of power on such a grand scale. The TNA leaders have been mere -yes-men- collaborating willingly with the fascist culture that ruled the north under the jackboot of Prabhakaran. They were pliant tools of Tamil fascism, not leaders of democracy. Like their political ancestors who ruled Jaffna during feudal, colonial and post-independent periods with a fascist whip,‚  suppressing their own people under casteist and Prabhakaranist tyrannies, they have shown no capacity, nor tendency to abide by democratic norms. This is the first time the Tamils of the north were liberated and given a domain to run‚  their own administration on democratic principles. The democratization of the Northern Province ultimately was enabled by President Mahinda Rajapakse. First he laid the foundation for a democratic future when the Tamil tyrant Prabhakaran was eliminated from‚  the political equation on May 18, 2009. The second time was on September 21, 2013 when he empowered the Tamil people by giving them the free choice to elect their first ever administration in the north.

They, of course, did have the freedom in the post-independent era to elect representatives from pocket-size electorates, some of whom shared power in the successive Cabinets of -Sinhala governments- as equals. For a brief while they even had an Indian puppet, Varadaraja Perumal, to run the north and east jointly. They also exercised limited powers in municipal and other local bodies through their elected representatives who were invariably the English-educated Vellahla elite who ran local administrations focused mainly on imposing and perpetuating the fascist casteist culture -” a political reality exposed by Jane Russell in her masterly study of communalism from 1931 -” 1947. As highlighted in Yalpana Vaipava Malai, the most revealing historical sketch of Jaffna written in the Dutch period, Jaffna was ruled by the -insane fury- of its cruel rulers who denied human dignity to anyone living in the north, be they Muslims, Sinhalese, Catholics or their own Tamil people.

In the very first days of the Northern Provincial Council (NPC) one can only hope that 21/9/13 will liberalize Jaffna and open a new democratic space in its oppressive, anti-democratic and mono-ethnic‚  history. This liberation of the Tamils from the grip of customary fascist leadership is the greatest gift given by President Mahinda Rajapakse to the Tamils. The two stages must be reiterated for emphasis: First President Rajapaksa ‚ physically liberated the Tamils from tyrannical fascism of Prabhakaran. Second, he empowered them with the power to elect democratically their own leaders to govern them. The second is a consequence of the first. For the first time in the history of Jaffna the Tamil people gained the constitutional guarantees to share power with the center like the rest of the nation in the other eight provincial councils. Consolidating peace and introducing the democratic institutions to an ingrained fascist culture is no mean task. It is a task that America, the mightiest power on earth, could not achieve in Iraq even after investing 60 billion during its ten-year occupation of Iraq in the name of restoring democracy. Bombs are still going off in Iraq with no end in sight.

More importantly, President Rajapakse has handed over to the TNA leadership a revitalized Jaffna ready to take off from the current rehabilitated stage he has put in place. Will the TNA throw away the last chance for peace by reverting to the failed politics of the past? In the usual litany of complaints of the Jaffna Tamil leadership consistently blamed the Sinhala outsider. But no outsider‚  has killed more Tamils than the Tamil leaders. No outsider has suppressed and oppressed the Tamils as the Tamil leaders. No outsider had ever denied the Tamil people the right to walk in daylight just to keep the purity of the sight of the casteist supremacists. No outsider has forcibly prevented the oppressed Tamil outcasts from entering their sacred places of worship. No outsider had plucked Tamil children from their parents and thrown them into a futile war of a -liberator- with the wiling collaboration of the TNA and its leaders. No outsider had denied the right to dissent the way the Tamil fascists decimated the entire leadership of the Tamils who did not submit to the ruthless tyranny of Prabhakaran. The list of crimes committed by the Tamil leaders against their own people‚  throughout their history is longer than the‚  entire coastline‚  of the northern province.

Now the ball is in the court of the Jaffna leadership to make their first elected administration work and deliver to their people a civilized form of governance which would restore dignity and liberty denied to them by their ancestors. If they go back to the perennial -insane fury- derived from hate politics -” one of the dominant forces peninsular politics that ruled Jaffna — then there is no one to blame except themselves. They have the first ever opportunity to break away from the fascist past and prove that they too can work within a democratic framework, like in the south, however defective it may have been. The responsibilities placed on the elected councilors-â„¢ shoulders will test their ability to work within a non-violent framework seeking pragmatic solutions jointly with the rest of the nation. In the post-independent period in particular they have been obsessed and driven by extremist hate politics. The choice before them in the post-Nandikadal period‚  is between their failed politics of the past and economic prosperity of the future.

The immediate need of the northerners at the end of a 33-year-old war is jobs, houses, education, health and other essential needs for the growth of the individuals to regain their dignity suppressed by their traditional leaders. Prabhakaran-â„¢s -liberators- siphoned off the medicine and the food sent by -the Sinhala Government- to feed their cadres denying the Tamil civilians in need. -Paki- Saravanamuttu and Jehan (Pacha) Perera joined Prabhakaran in blaming the -Sinhala Government- for not sending sufficient essential provisions even though the UN said that the GOSL was the‚  only government that provided essentials to civilians in a rebel-held territory. Will Wigneswaram go down the same path to blame the -Sinhala Government- for their failures to deliver services to the north?

There is, of course, the discontent about the quantum of powers they wish to possess. Their pre- and- post-independent cry has been to demand more political power to serve their people. There was no nationalism but only a demand for bigger share of power, starting from 50-50 to 12% of the population. If political power is a sine qua non for economic, cultural and personal growth why didn-â„¢t the north blossom under Prabhakaran -” the Tamil Pol Pot who wielded the maximum power in the history of the north across a large swathe of territory?

The ghost of Prabhakaran is still haunting the -new- leaders who have begun on the wrong foot. Hailing Prabhakaran as the hero of the Tamils is an ominous sign. It is not a sanguine symbol for democracy and individual liberty. It portends the revival of a trend that goes back to a failed past. This is similar to reviving Neo-Nazism which is banned in Germany. Besides, there is no future in this failed past. This throw-back to Prabhakaranism is a malaise wrapped in jaundiced Jaffna jingoism -” an extremist expression of ethnic perversions marketed by the Vellahla elite and their allied political pundits as -Tamil separatism/nationalism-.‚  Prabhakaranism‚  was like the cyanide pills handed to the Tamil youth — a suicidal ideology for the Tamils. What did the Tamils gain by following Prabhakaran-â„¢s suicidal pills? And what can they gain by reviving the ghost of Prabhakaran? When, for instance, Wigneswaran raises the ghost of Prabhakaran he is not only insulting‚  his own intelligence but also attempting to turn the wheels of history back to square one. He is attempting‚  to revive the Pied Pipers of Vadukoddai who led them to Nandikadal.

I won-â„¢t be surprised if the NPC passes a resolution to erect a statue for Prabhakaran in the heart of Jaffna. Considering the hero-worshipping cult initiated by the Chief Minister, C. V. Wigneswaram, the‚  possibility of erecting a statute for the biggest killer of Tamils is very much on the cards. Such a move will not only expose the bogus commitment of Wigneswaram and his fellows-councilors to human dignity and democracy but also add to the pain of millions who suffered under the Tamil Pol Pot. Ms. Navi Pillay is reported to have questioned why the statue of D. S. Senanayake is standing at the Independence Square. What will she have to say when a statue is erected for Prabhakaran in Jaffna? Or will she turn a blind eye? When the statues of Stalin, Hitler, and Saddam Hussein are brought down ignominiously by the people who suffered under these inhuman tyrants the erection of a statue for Prabhakaran will be an insult to all the people who were persecuted, tortured and murdered by the brutal Tamil Pol Pot.

In all probability -Paki- Saravanamuttu and Jehan (Pacha) Perera will raise Cain crying that this is another instance of the -Sinhala Government- suppressing the democratic rights of the Tamil people. They would probably insist that they have the democratic right to erect a statue even to Hitler -” a figure banned in civilized world. Wigneswaram-â„¢s descent to the low depths of hero worshipping a Tamil who had killed more Tamils than all the others put together is a despicable act, unworthy of a man who sat in the‚  highest court of the nation. He is now the Chief Minister and he is signaling that there is nothing wrong in embracing and reviving Prabhakaran -” the man who symbolizes the -insane fury- of the Tamil political culture that went berserk targeting‚  their own children.

Predictably, -Paki- Saravanamuttu and Jehan (Pacha) Perera are screaming their heads off criticizing the presence of the military in the north. But they have not uttered one word to condemn the militarism embedded in‚  the Vadukoddai Resolution and its personification in Prabhakaran revived by Wigneswaram. This is a serious threat to the newly installed democratic institutions‚  in the north. This should be a warning signal for‚  the Sri Lankan state not to demilitarize the north when its -new- leaders are raising neo-Tamil Pol Potism embedded in the Vadukoddai Resolution. As long as there‚  is the move to raise Prabhakaran from‚  his grave -” and that too by the -new- Tamil leaders -” there is no reason for the Sri Lankan forces to be withdrawn from the north.

It is the people of Sri Lanka who have to pay with their lives for any fascist militarism coming from either the north or south. The state has the right to maintain security forces in whatever part of‚  the island that is threatened with the rise of fascist militarism. Tamil fascist militarism, as spelt out in the Vadukoddai Resolution, was the most devastating violent cult that ruined lives in all communities.. The state has introduced democracy for the first time in the north and any‚  ideological, political or social threats moving in the direction of Prabhakaran must be nipped in the bud.‚  All leaders -” from Obama to Manmohan Singh -” have argued in the current session of the UN that they have the right to protect their national interests against external or internal threats. Sri Lanka too has the same right on the same principles and strategies (including the equivalent of drone strikes etc.,) pursued by these big powers.

The mandate given to the new Tamil leadership is not to breathe new life into Prabhakaran. It is a mandate to take the north away from the fascist violence of Prabhakaran. If Wigneswaram and his‚  cohorts decides to step out of line then they must be brought back into line before they pose a threat to the nation. President Mahinda Rajapaksa did not sacrifice the lives of his people to let another gang of Tamil fascists destroy the democratic institutions he has put in place to liberate the Tamils.

WRITTEN SUBMISSIONS OF COUNSEL GOMIN DAYASRI IN THE LANDMARK SUPREME COURT CASE IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

October 2nd, 2013

SC/ Appeal No: 21/13

SC/Spl./LA No: 203/2012

C.A/PHC/Appeal No: 37/2001

HC/CP/Certi/No: 42/97

 

In the matter of an Application for Special Leave to Appeal against Judgement of Court of Appeal dated 08.08.2012 in Case No: CA (PHC) Appeal 37/2001 and in the High Court (Kandy) of the Central Province Case No: Certi 42/97‚ 

 

  1. The Superintendent,

Stafford Estate,

Ragala, Halgranaoya.

  1. S.C.K. de Alwis,

Consultant/ Plantation Expert,

Plantation Reform Project,

Ministry of Plantation Industries,

Colombo 04.

  1. The Attorney General,

Attorney General’s Department,

Colombo 12.

Respondents-Respondents-Petitioners.
Vs.

SolaimuthuRasu,

Dickson Corner Colony,

Stafford Estate, Ragala, Halgranaoya.

Petitioner-Appellant-Respondent.

WRITTEN SUBMISSIONS ON BEHALF OF THE

2nd PETITIONER

 

‚  ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  PART I

1.‚  Prologue

a. The 13th amendment introduced the element of -ËœLand-â„¢ (in list 1) and -ËœState Land-â„¢ (in list 11) into the Constitution and created many misconceptions; primarily, because it has been shrouded in controversy on interpretation. This led to misgivings in court, as in the present case, where the Court of Appeal erred in determining the jurisdiction of the High Court. Many learned High Court Judges have resorted to usurping the jurisdiction of the Court of Appeal, sometimes in their enthusiasm of extending their authority to the provinces but more often due to their being misdirected by diverse and conflicting judgments of the superior courts. The time has arrived and justice requires a revisit to the relevant provisions in the Constitution and for Your Lordships/Ladyship be pleased to determine with a measure of finality, the proper jurisdiction of the High Court and the Court of Appeal, on matters pertaining to the subject of -ËœLand-â„¢ and -ËœState Land-â„¢ as envisaged in the 13th amendment.

b. The reason for misinterpretation is mainly because the judgments have not examined all the relevant provisions in the constitution; probably because learned counsel have failed to bring it to the attention of the Their Lordships of the multiple aspects embedded in the constitution relating to pivotal words. It is the sacred obligation of counsel to assist the apex court to reach a correct decision as the consequences impact the nation in view of the the many superficial pronouncements made by the Supreme Court/Court of Appeal.

c. In a jigsaw puzzle where only few of the pieces are fitted, a comprehensive picture fails to surface: indeed, such a blurred miniature visual emerged with the learned judges of the High Court and Court of Appeal refitting few of those distorted pieces and disturbing the jurisdiction of the courts. Those honourable judges obligingly followed a pattern that was set for them by a few selected ill determined decisions of the apex court.

d. It is with this intention uppermost, mindful of the background, counsel for the 2nd Petitioner felt obliged to fit all the pieces in the jigsaw puzzle and present a comprehensive picture to enable Your Lordships/Ladyship to reach a wholesome conclusion. Counsel for the 2nd Petitioner respectfully offers gracefully his gratitude to Their Lordships/Ladyship who in their wisdom and fortitude permitted him with Their Lordships/Ladyship great courtesy and much patience, to present all necessary building blocks to help Their Lordships to determining the respective jurisdictions of the appellate courts that will help to solve a problem that has snowballed into virtually a national issue.

 

2.Facts and issues in the Present Case

i.‚ ‚ ‚ ‚ ‚ ‚ ‚  The 2nd Petitioner the Competent Authority initiated proceedings to recover a State Land in respect of an illegal occupation in the Magistrate Court in terms of the provisions of the State Lands Recovery of Possession Act No 7 of 1979.

ii.‚ ‚ ‚ ‚ ‚ ‚ ‚  The Respondent filed an application in the Provincial High Court of Kandy praying for a writ of certiorari to quash the quit notice filed in the case. The 2nd Petitioner by way of a preliminary objection stated that the issue related to State Land and that the Provincial High Court did not have jurisdiction since the subject did not come in the Provincial Council list- namely List 1.

iii.‚ ‚ ‚ ‚ ‚ ‚ ‚  Provincial High Court held it had no jurisdiction to hear the matter and upheld the objection.

iv.‚ ‚ ‚ ‚ ‚ ‚ ‚  Thereupon on an appeal the Court of Appeal held that since the subject of State Land is in appendix II of the Provincial list in the 9th schedule to the 13th amendment to the Constitution, State Land becomes a subject of the Provincial Council list even though State Land continues to vest in the State. The Court of Appeal held in consequence of the said finding, the Provincial High Court had the necessary jurisdiction.

v.‚ ‚ ‚ ‚ ‚ ‚ ‚  The Court of Appeal in reaching its finding based itself on the judgement of the Supreme Court in the Land Ownership Bill decided on 10.12.2003 wherein the Supreme Court stated -ËœIn considering the aforementioned contents it is abundantly clear that the matter in question is a Provincial Council subject that has been devolved to the Provincial Councils in terms with the 13th Amendment- [copy of this determination was handed to Court]. Having adopted the aforesaid incorrect principles on a superficial interpretation of the Constitution by Chief Justice Shirani Bandaranayake, the Court of Appeal in this case pronounced: -It is therefore seen from this judgment that the matters dealing with transfer of ownership of State Lands to citizens of Sri Lanka comes within the Provincial Council list. Then how can this court accept the contention that subject of State Lands does not come within the Provincial Council List-. ‚ ‚ ‚ There is no infirmity on the part of the Court of Appeal as they are bound by the rules of stare decisis to follow decisions of a superior court; not so counsel, who is obliged to place the correct position in law, according to the best of their knowledge and to assist the Supreme Court to reach a correct decision. It is for the Supreme Court to act with wisdom insight and perception to extend the frontier to its rightful extent.‚  Flaws, at times, can be fatal.

vi.‚ ‚ ‚ ‚ ‚ ‚ ‚  The learned judge of the Court of Appeal also took into consideration the judgement of Supreme Court in Vasudeva Nanayakkara vs Choksy and others [John Keels case][a copy delivered] and set out a portion of the said judgment as follows: -A pre condition laid down in paragraph 1:3 is that an alienation of land or disposition of State Land within a province shall be done in terms of the applicable law only on the advice of the Provincial Council. The advice would be of the Board of Ministers communicated through the Governor, the Board of Ministers being responsible in this regard to the Provincial Council- and then the learned judge of the Court of Appeal, in the present case adopted this position where Chief Justice Sarath N Silva rushed to judgment on a cursory interpretation of the Constitution causing much harm to the rules of constitutional interpretation. The Court of Appeal obligingly observed: -I am bound by this judgement.- The Court of Appeal also stated in the present case ‚ ‚ -ËœThus when one applies the principles laid down in the above judicial decisions it has to be concluded that State Land becomes a subject of the Provincial Councils-.

vii.‚ ‚ ‚ ‚ ‚ ‚ ‚  The Court of Appeal thereupon sent it back to the Provincial Council High Court for rehearing.

viii,‚ ‚ ‚ ‚ ‚ ‚ ‚  It is from the said judgement the 2nd Petitioner together with the other two petitioners lodged an appeal and the two issues in contention are-

a.‚  Did the Court of Appeal err by deciding that the Provincial High Courts have jurisdiction to hear cases where dispossession or encroachment or alienation of State Lands is/are in issue?

b.‚  Did the Court of Appeal err by failing to consider whether there is a right of appeal against the order of the High Court dismissing the application in limine for want of jurisdiction?

ix.‚ ‚ ‚  The counsel for the 2nd Petitioner together with all other counsel in this case before Your Lordships Court made submissions on issue (a) above alone; therefore these submissions are limited to the said issue. It is submitted respectfully to determine the said issue, the four corners of the Constitution require examination as the Supreme Court has made varying and conflicting decisions, without a thorough examination of all the relevant provisions, possibly because it was not brought to the attention of Their Lordships Court by counsel appearing in those cases. It is most opportune for this Court, for His Lordship the Chief Justice and other two eminent Lordship/Ladyship, to consider every aspect and reach a conclusive and inclusive judgment to ease the prevailing state of confusion in law and especially in the interpretation of the Constitution that has troubled many a mind of judges, lawyers, academics, administrators, members of the civil society, political authority, intellectuals and the thinking public.

Submission No 1

In list 1 (Provincial Council) appearing in item 18 the sentence reads -”

-Land – Land that is to say, rights in and over land, land settlement, land tenure, transfer and alienation of land, land use, land settlement and land improvement to the extent set out in Appendix II-

In list 2 (Reserved) it reads as

-State Lands and Foreshore Except to the Extent specified in item 18 of List 1.-

POINT ONE-

-State Land- and -Land- are situated in two distinct and different lists. List II holds the entirety of the content of State Land – -except to the extent specified in item 18 of List 1-

POINT TWO-”

There is no doubt that -ËœState Land-â„¢ is comprehensively set out in List II Reserved Subject- with the Centre -Ëœexcept to the extent specified in item 18 of List 1-â„¢. The portion excluded from State Lands in the Reserved List (List II) is embedded in item 18 in list 1 which sets out the extent delivered to the Provincial Council, which details are outlined in list 1. The portion extracted out of the subject State Lands in list II sits in List 1, calling itself Land- Land that is to say, rights in and over land, land settlement, land tenure, transfer and alienation of land, land use, land settlement and land improvement to the extent set out in appendix II-.

It is posted under the heading -ËœLand-â„¢ in List 1 to avoid any misnomer since List II carries the heading State Lands. Both List 1 and II cannot carry the same subject of State Lands. [This is explained more fully later]. So List 1 carried the heading -ËœLand-â„¢.

‚ POINT THREE -“

How should the distinct and different allocations on land power between Lands and State Lands be interpreted in the manner set out in list 1 item 18 and List II in terms of the Constitution?

[A].‚ ‚ ‚ ‚  There are several guidelines afforded by the Constitution to assist in the interpretation -“for example- by the phrase- -that is to say-. What does it mean? Clearly- the first usage of -Ëœland-â„¢ in item 18 is a reference to the Subject of Land; then the word -Ëœland-â„¢ is repeated again (second usage in the same sentence), followed by the words -Ëœthat is to say-â„¢. Undoubtedly that is to make the word -Ëœland-â„¢ restrictive, to narrow the extent by the phrase -that is to say--emphasised and stressed to give a construction that is precise: that land in item 18 in List 1, means this much and no more. It narrows the scope of -Ëœland-â„¢ in item 18 by the usage of words -Ëœthat is to say-â„¢ as to make it abundantly clear the limitation the Constitution desires to impose emphatically, by usage of the said phrase, so as to limit the confines of the land power conferred to the Provincial Councils.

‚ If so what is the extent the Constitution intends to extend land powers to the Provincial Council list? The next phrase provides the answer to the query- -that is to say rights in and over land, land settlement, land tenure, transfer and alienation of land, land use, land settlement and land improvement to the extent set out in Appendix II-.

‚ [B].‚ ‚ ‚ ‚  The phrase ‚ -that is to say -rights in and over land, land settlement, land tenure, transfer and alienation of land, land use, land settlement and land improvement to the extent set out in Appendix IIis further boxed by the usage of -to the extent set out in appendix II-. The Constitution mindfully has limited the extension of land powers for the Provincial Councils by sandwiching it at both edges of the heading -ËœLand-â„¢ (a) by the repetition of the word -Ëœland-â„¢ twice as to make it emphatic that the Constitution is not prepared to travel the full distance on land, in a conveyance to the Provincial Councils (b) by the usage of words -Ëœthat is to say-â„¢ is to set out the distance the Constitution is prepared to travel on the restrictive limited land powers conferred on the the Provincial Councils (c) finally it places a road block on the travel path by limiting it to the extent set out in Appendix II. This is an imposing terminal constructed on reaching Appendix II- that faces the subject of -land- in List 1.

‚ Therefore the reasoning of the Court of Appeal in this case, is faulty in following the decisions in the Land Ownership Bill determination and John Keels case in classifying State Lands as a Provincial Council subject. The Supreme Court in those cases referred to, never analysed these provisions because counsel never directed court to the salient aspects or the Supreme Court lackadaisically did not care to think it necessary to go beyond the border, counsel were prepared to venture. This was the origin of the confusion and the ensuing harm is colossal. Consequently the exercise of land power between the centre and province became disturbed with the lesser courts being crippled by following the said hasty decisions sending the provincial administration berserk with wrongly acquired land powers. Therefore an opportune moment has arrived for Your Lordships to make the Constitution regain its lost territory and reset it to its rightful and lawful framework which is set out in the four corners of the Constitution. The law must precede and prevail overcoming all obstacles caused by the improper construction: ‚ the true intention of the Constitution is reachable by an enlightened interpretation of the Constitution.

Submission No 2

‚ POINT FOUR-

The zone allocated on land to the Provincial Councils is firmly fenced by the Constitution. The zone has three fence posts in the following order of priority (a) THE FIRST FENCE POST- List II that states on State Lands Except to the Extent specified in item 18 List 1. This reveals the limitations imposed on State Lands in so far as Provincial Councils are concerned (b) THE SECOND FENCE POST-Land as per the submission 1 above is restricted to -rights in and over land, land settlement, land tenure, transfer and alienation of land, land use, land settlement and land improvement and is further reinforced by the phrase -to the extent set out in Appendix II.- This shows how the constitution circumscribed land powers awarded to the Provincial Councils. ‚ (c) THIRD FENCE POST; There is no scope for Provincial Councils in stretching the boundaries beyond Appendix II in terms of the Constitution. The restrain and curb imposed by the above (a) and (b) fence posts further constrains, confines and encircles the subject of -ËœLand-â„¢ by a great wall erected in Appendix II – on a plain reading of the Constitution.

It is a misfortune that the learned Judges of the Supreme Court did not look beyond shallow and narrow confines in interpreting the Constitution in the judgments in the Land Ownership Bill and the John Keels case much to the peril of the nation. It-â„¢s the obligation of Your Lordships to rectify the faults of the past and maintain the Constitution in its purity.

Submission No 3

‚ Land in Sri Lanka consists of land belonging to individuals, corporate bodies, unincorporated bodies, charitable, social institutions, local authorities, temples, kovils, churches, mosques and trusts etc. Bulk of the land is vested in the State as state lands and are held by the State and/or its agencies. Local authorities (including Provincial Councils) have had grants of land from the State of State Lands and more often these local authorities (including Provincial Councils) have purchased lands from individuals/corporate /unincorporated bodies etc. and have become land owners on their own right.

State can make grants absolutely and more often it does so provisionally with conditions attached or by way of leases, permits, licenses as per sec 2 of the State Lands Act. Such conveyances can be made by the State to any person/organisation entitled to hold land including Provincial Councils according to law.

POINT FIVE -”

Much of the land in the country is State Land and the demarcation between the centre and the periphery is eventually over the said State Land. It must be noted private lands in the hands of individuals, companies, organisations, corporate and unincorporated bodies would not fall into the equation of distribution of power/authority on land between the Centre and Periphery. In this background it must be noted though there are decisions of courts to the contrary, the Constitution unequivocally in List II and in Appendix II has placed State lands with the Centre, -Except to extent specified in item 18 of List 1- [quoted from List II]. Obviously the Constitution is the supreme document since courts too, comes into existence also from the constitution

‚ POINT SIX-

Therefore it is necessary to examine the extent that is so excluded from State Lands as specified in List II and in List 1. On an examination of List 1 it reads as follows: Item 18 in list 1--Land-Land that it say, rights in and over land, land settlement, land tenure, transfer and alienation of land, land use, land settlement and land improvement to the extent set out in appendix II-. Obviously these rights cannot be held by Provincial Council or by the State over Private Lands but could over State Lands. Obviously these rights in item 18 in List 1 are in respect of State Lands only as these listed rights cannot relate to private lands. This contention is further reinforced as Item 18 in List 1 has the phrase as -to the extent set out in Appendix II-. In so far as Lands are concerned in Appendix II it relates specifically to Public Lands [ State Lands and Inter-Provincial Irrigation and Land Development Projects etc]; and not to lands held in any other manner such as privately owned or otherwise owned land (Private Lands). ‚ 

In recognising the term -ËœState Land-â„¢, it is defined in the State Lands Act and the State Lands (Recovery of Possession) Act and in the several amendments to these Acts. No previous judgment defining the term -ËœState Lands-â„¢ in the Constitution has taken cognizance of the said statutory definitions of State Lands, which is of importance to identify what constitutes State Land and to whom it belongs and/or possessed. [For the convenience of Courts all such definitions on -ËœState Lands-â„¢ together with the amendments of the Acts referred to relating to State Lands is annexed hereto in Schedule I]

Submission No 4

List II (Reserved list) has an exhaustive clause attracting all subjects and functions not assigned under the Provincial Council and Concurrent Lists which are assigned to the Reserved List wherein list II states -All Subjects and Functions not specified in List 1 and List 3 including-¦.--{items (a) to (u) are set out therein}. Furthermore the same phrase is utilized in conferring National policy on all Subjects and Functions in list II.

‚ POINT SEVEN-

This shows the intention of the legislature was that there should be no -casus ommissus-â„¢ situation- namely List II (Reserved List) was compiled to take over any subject or function not dealt with in List 1 and List 3.

In other words there is no grey area – there is no vacuum whatsoever. List II picks any hiatus inclusive of all the missing functions dealing with Land not listed in list1. So this is an additional bonus to the Reserved List on land amongst other matters; gaining added value to the ‚ Reserved List on the subject of state land especially since the term -Ëœland-â„¢ is confined to a few aspects in list 1. (which has being elaborated previously). The word -Ëœincluding-â„¢ is meaningful because it shows items (a) to (u) listed in list II therein are particularised items which are not exhaustive. The word -Ëœincluding-â„¢ will extend beyond any area untouched because it proceeds with the phrase: -All Subjects and Functions not specified in List 1 and List 3 including-¦- This supplements list II being invested with National Policy on all Subjects and Functions. Thus the list II carries hypo power with all untouched surpluses on all subjects and functions reverting to List II.

Justices Mark Fernando, Dr A.R.B. Amerasinghe and S.W.B. Wadugodapitiya in the determination on the Agrarian Services Bill {a copy delivered} stated:

-It is also important that List 2 includes “All Subjects and Functions not specialized in List 1 or List 3″ as this indicates that what is devolved is only what is expressly specified in List 1 or List 3.-

This establishes the catchment area of List 1 is very narrow and confined unlike List II which is overwhelming with subjects and functions.

Ironically, neither the meaning that should be assigned to subjects and functions nor the surrender of all subjects and functions not included in List 1 and list 3 to list II were sadly not considered by the Supreme Court, possibly being not brought to its attention in either the Land Ownership Bill or the John Keels case, where there has being a mere surface scratching of the relevant clauses of the Constitution, without a deep penetrative examination, as required by the supreme body. It is indeed strange that the term -All Subjects and Functions not specified in List 1 and List 3 including-¦- makes no appearance in either the Land Ownership Bill or John Keels cases for that reveals a major component in the formulation of the three lists has gone unnoticed or unobserved by the Supreme Court.

Unfortunately the Court of Appeal, which followed the aforesaid judgments, to the last letter omitted to consider the Agrarian Services Bill case

POINT EIGHT-

A statutory definition is necessary in determining the phrase -ËœState Lands-â„¢ in the Constitution. More so, as the functions set out in the said Acts, becomes relevant in the exercise of interpreting the Constitution and in the search for guidelines; for the said Acts are a part of a larger legislative process. It must observed in the absence of a definition of the term -State Lands- in the Constitution, one must access the Acts of Parliament in the search of meaning of words and other guidelines such as to the disposition of State Lands. Both Article 33 [d] of the Constitution in respect of disposition of State Lands/Immoveable Property reads that the President can do so -as he is by law required or empowered to do; while Appendix II states: - State Land shall continue to vest in the Republic and may be disposed of in accordance with Article 33 (d) and written law governing the matter-. Therefore disposition of State Land will have to be by way of law with access to the State Land Act or any other statutory instrument.

WRITTEN SUBMISSIONS OF COUNSEL GOMIN DAYASRI IN THE LANDMARK SUPREME COURT CASE IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – PART II

October 2nd, 2013

ANALYSIS OF APPENDIX II

Preamble

[A].‚ ‚ ‚ ‚  List 1 and List II pivots around Appendix II on the subject of State Land and Land. Appendix II is an attachment to List 1. In the case of List 1- the words are: -the extent set out in Appendix II- directly bringing in Appendix II; while in List II it is redirected to Appendix II through List 1 – -Ëœexcept to the extent specified in item 18 of List 1-â„¢- where item 18 in List 1 refers it back to Appendix II in List 1. In any event, List II subject -ËœState Land-â„¢ holds the prime position in appendix II in List 1.

POINT NINE-”

As stated previously, details in List 1 relating to Land namely- -Land – Land that is to say, rights in and over land, land settlement, land tenure, transfer and alienation of land, land use, land settlement and land improvement to the extent set out in appendix II- can be applied only to State Lands and not to private lands. Neither the State or a Provincial Council can exercise the above mentioned aspects over private lands. Furthermore being a national and a provincial body it would be state lands that would attract both bodies. In any event, Appendix II relate only to State Land and not to private lands. As stated previously it is posted under the heading -ËœLand-â„¢ in List 1 to avoid any duplication/misnomer since List II carries the heading State Lands. Both List 1 and II cannot carry the same heading State Lands. It was the intention of the Makers of the Constitution to give an exalted position to State Lands in List II and leave it in the hands of the Centre and deliver a specified portion of State Lands to the Province namely rights in and over land, land settlement, land tenure, transfer and alienation of land, land use, land settlement and land improvement -” and call it -ËœLand-â„¢ in List 1. It was not possible to duplicate state lands in list 1 and II therefore it was given the lesser status of Land in List 1. The meeting place of List 1 and List II is Appendix II where -Ëœland-â„¢ in List 1 get submerged into State Lands in list II and thereupon -Land- places a submersed subsidiary role role. This becomes more obvious on reading Appendix II.

‚ Analysing the Clauses in Appendix II

‚ ‚  i.‚ ‚ ‚ ‚ ‚ ‚ ‚  The phrase‚  -State land shall continue to vest in the Republic and may be disposed of, in accordance with Article 33(d) and the written laws governing this matter-(hereinafter referred to as the -opening sentence of Appendix II-)- establishes State Land is a subject of the Centre.

ii.‚ ‚ ‚ ‚ ‚ ‚ ‚  The words above -Ëœshall continue to vest in‚ ‚  ‚ ‚ ‚ ‚ ‚ ‚  the Republic- carries the connotation that it is vested in the Republic at all times -“(i) past, (ii) present and (iii)in the future- making it positively perennial till the present Constitution reigns. It proves that State Land belongs to the -ËœRepublic-â„¢ (Article 2) at all times and not to a Province.

iii.‚ ‚ ‚ ‚ ‚ ‚ ‚  The word -Ëœdisposal-â„¢ in terms of article 33(d) and Appendix II require that it had to be executed under the Public Seal of the Republic, an act that can be done only by the President, as the sole repository of the Public Seal. Article 33 (d) reiterates that land and immoveable property is vested in the Republic. Only the President could divest such land and immoveable property by written law. Written law has a definition in the Constitution [-written law" means any law and subordinate legislation and includes statutes made by a Provincial Council, Orders, Proclamations, Rules, By-laws and Regulations made or issued by any body or person having power or authority under any law to make or issue the same] which enables the President to dispose under any law or statute or under any subordinate or subsidiary legislation. Therefore the President can dispose land under laws passed by Parliament or statues of the Provincial Council or any subordinate/subsidiary legislation. It is only the President that can do so and not a Chief Minister or Minister of a Provincial Council. Therefore State Land vests in the State and is disposable by the holder of office of the President.

POINT TEN-

There is the word -Ëœand-â„¢ between Article 33(d) and unwritten laws in the opening sentence of Appendix II (quoted above) thereby conferring the right of disposal under article 33(d) only to the President who could dispose under any written law. There are two fundamental requirements to fulfill with the introduction of the word -and-- namely it must be an (i) act by a person named in Article 33 (d)- namely the President and (ii) in must be in terms of the written laws. It is significant that the word -Ëœand-â„¢ is used instead of -Ëœor-â„¢-making it conjunctive - leaving it exclusively in the hands of the President who must attend to it under written laws. The President is a creature of the national executive making it conclusive that State Lands are with the Centre thereby demolishing the findings of the Court of Appeal, in this case, in handing it to the Provincial Council List, following previous judgments/determinations of the Supreme Court.

‚ POINT ELEVEN-”

The fact that Article 33 is invoked in Appendix II shows, accessing the pinnacle of executive power in Article 3 (b) as resorted to by the phrase in Article 33 [-In addition to the powers and functions expressly conferred on or assigned to him by the Constitution or by any written law whether enacted before or after the commencement of the Constitution, the President shall have the power--] which is to mount on the summit of the powers of the President provided by the Constitution, who is made the executive head of the Central Government -“the Chief Agent of the Republic -” sole holder of State Lands for Republic of Sri Lanka. Notwithstanding all these attributes provided by the Constitution, Two Chief Justices of this Republic placed State Lands in the provincial column in the hands of a Provincial Minister of Lands, with the flimsiest analysis: respectfully not worthy of the esteemed Supreme Court! Cry for my Country! Cry in anguish!! Solace is found from a quotation from John Cannon -In the last analysis sound judgment will prevail-.

‚ POINT TWELVE -”

I.‚  The opening sentence of Appendix II (previously quoted above) reveal the intention of the Constitution in positioning -ËœState Land-â„¢ in an exalted status and in the hands of the Head of the National Executive.

II.‚  Thereupon having recited the above, thereafter twice subjected it [-Subject as aforesaid land shall be Provincial Council subject to the following special provisions: --] to show the devaluation accorded to Provincial Councils on State Lands. Indeed, Land is a Provincial Council subject (for reasons above – in jure it is state lands that is in the equation) with barriers fixed around it in the Constitution, and given a short shrift. – Land that is to say, rights in and over land, land settlement, land tenure, transfer and alienation of land, land use, land settlement and land improvement to the extent set out in Appendix II-‚  - displays its limited potency. Thereupon the subject of Land is further circumscribed in Appendix II as shown in Part II of these written submissions.

POINT THIRTEEN -”

With all these limitations and restrictions on -ËœLand-â„¢ in List 1, it plays a secondary / subordinate role to -ËœState Land-â„¢ in List II, that holds a superior status and is the major player and has State Lands vested in the Republic in the hands of the President. Courts by erroneous judgments tilted the power that the Constitution had otherwise determined creating much confusion and chaos in the country.

POINT FOURTEEN-

Role of the -President- and the -Government- is visible in analyzing the opening sentence and 1.1,1.2 and 1.3 in Appendix II. While the term President appears in the opening sentence in Appendix II and 1.3 the term government appears in 1.2 and 1.3.It is done meaningfully with a purpose.

(a)‚ ‚ ‚ ‚ ‚ ‚ ‚  -President- is featured in the opening sentence of Appendix II by reference to Article 33 (d) and specifically in clause 1.3 under State Land. The term Government is used in item 1.1 and 1.2 under State Land and also appears in item 2.2.2.3,2.4 and 3.I in the Appendix.

(b)‚ ‚ ‚ ‚ ‚ ‚ ‚  What is the difference between President and Government? Is it significant? How is the term government recognized in the Constitution?

In fact Government is recognized as a distinct entity in Article 30 (1) of the Constitution along with such entities as the State, Executive and Commanders- In -Chief of the Armed Forces. The distinction appears in Article 30(1)

(a)‚ ‚ ‚ ‚ ‚ ‚ ‚  where Government is made an entity separate from the Executive with President described as the Head of the Executive/Government. There is significance in that – Government is not confined to an individual or a holder of office like the President. Government has wider catchment area being numerically stronger – in the broad spectrum to include members of the administration especially Ministers of non-Cabinet rank & High officials of the Administration. The significance lies in the fact, President in article 33 (d), in the opening sentence in Appendix II and at 1.3 of Appendix II is specifically given the authority to dispose or alienate State Land but such a right in not conferred on the Government: in law Government does not have the right and/or power to convey State Land. In fact in terms of article 33 (d) such power is only vested in the Keeper of the Public Seal who could make grants and dispose of land and immoveable property vested in the Republic. The keeper is the President the Head of the Executive. Therein lies the difference between the Government and the President who as the Head the Government holds a position/character exclusively of his own that even the Government does not possess under the Constitution. Any person in Government will have to seek the President in obtaining a grant or disposition of state land. In a capsulated form- all state land is vested in the Republic in hand of the President.

(b)‚ ‚ ‚ ‚ ‚ ‚ ‚  It attracts great significance as 1.2 states:

‚ ‚ ‚ ‚ ‚ ‚ ‚  -Government shall make available to every Provincial Council State land within the Province required by such Council for a Provincial Council subject. The Provincial Council shall administer, control and utilize such State land, in accordance with the laws and statutes governing the matter.-

Even if the Provincial Council requires a state land for a Provincial Council subject assuming it is for a reasonable reason, in law, Government has no power and/authority to make available State Land, as it is the exclusive function of the President. That is why a neutered word such as -Ëœmake available-â„¢ instead of -Ëœgrant and dispose-â„¢ [as in Article 33(d)] is used. Word -ËœAvailable-â„¢ is used since Provincial Council would have to obtain the consent of the President, as it is the President alone, who could alienate or dispose of such land under article 33 (d) and/or the opening sentence of Appendix II or under item 1.3 of appendix II. The President cannot be compelled or coerced to so since he could exercise his supreme discretion to determine whether it is available and/or reasonable. It is with this intention the word -ËœGovernment-â„¢ is placed instead of the -ËœPresident-â„¢ at 1.2 making the requested state land by the Provincial Council left at the discretion of the President. It is not compulsive or mandatory for the President to adhere to the request. This is so provided to be consistent with the all-powering provisions in the opening sentence of Article 33 where executive powers is firmly entrenched and the opening sentence in Appendix II on the President exercising his discretion he would make state land available to the provincial council for a List 1 purpose. In any event the deemed request by the Provincial Council will have to be a -reasonable request- for the President to consider in terms of laws or written laws. However the final decision is dependent on the discretion of the President as the ultimate authority to grant or alienate or dispose of State Land. President cannot do so contrary to law, for amongst other grounds, it will fail the test of reasonableness. For the many reasons adduced the word -Ëœshall-â„¢ should read -Ëœmay-â„¢ in the context of 1.2 of Appendix 1I at the point -Government shall make available to every Provincial Council-¦.-

e)‚ ‚  The same construction will be applicable to clause 1.1 in Appendix II where State Land is required for the purposes of the Government.

f)‚ ‚ ‚  However at 1.3 of the Appendix II the Provincial Council can directly advise the President: difference here is that the Provincial Council in respect of an individual or organization on state land situated in a Province can access directly and offer advise to the President – and not to the Government. There is good reason: since there could be situations where Provincial Council will have intimate knowledge of individuals and organizations deserving of state land (for example: for a charitable or social purpose) and this is to pave the way for a fast track operation. It must be noted in the case of a 1.3 situation in Appendix II there is no application of List 1 or II or 3 subjects but purely for an individual or organization.

Particulars of items under -State Land- in appendix II

Item 1.1

[A].‚ ‚ ‚ ‚  The government will have to act according to laws in giving effect to matters in item 1.1.The laws would mean according to the definition referred to in the Constitution in Article 170 relating to -Ëœlaw-â„¢. ["law" means any Act of Parliament and any law enacted by any legislature at any time prior to the commencement of the Constitution and includes an Order in Council]. In other words statues of the Provincial Council are taboo in respect of 1.1 where the subject matters in List II and list 3. This means it is in respect of legislation enacted by Parliament or its predecessors. This specifically excludes statutes pass by Provincial Council.

[B].‚ ‚ ‚ ‚  The government is also required to consult the relevant Provincial Council in terms of clause 1.1 in the matter of utilization. If the government requires state land it too will have to obtain such land via the President, as he is the Keeper of the Public Seal and only authorized grantor under the Constitution

Item 1.2

[A].‚ ‚ ‚  Since this deals with a provincial council subject both laws and statues can be utilized to achieve its objectives. It must be noted that Provincial Council have the powers such as those mentioned in Item 18 List 1 – Land that it say, rights in and over land, land settlement, land tenure, transfer and alienation of land, land use, land settlement and land improvement ‚ - These rights are conferred to the Provincial Council as stated before.

[B].‚ ‚ ‚  The provision in item 1.2 permits the Provincial Councils in respect of the matters referred to in item 18 List 1- -Rights in and over land, land settlement, land tenure, transfer and alienation of land, land use, land settlement and land improvement- and where state land is made available to administer, control and utilize - (1.2 in appendix II) such lands. ‚ 

‚ [C].‚ ‚ ‚  IN A NUTSHELL: Provincial Councils in exercising rights in and over land, land settlement, land tenure, transfer and alienation of land, land use, land settlement and land improvement to the extent set out in appendix II (conferred by List 1) are limited to administering, control and utilizing the aforesaid powers conferred on Provincial Councils by item 18 in List 1 and 1.2 from Appendix II

‚ [D].‚ ‚  Nevertheless land related to -Inter-Provincial Irrigation and Land Development Projects- [item 2 in Appendix II]is out of reckoning for Provincial Councils due the provisions in 2.2 and 2.8 of AppendixII and the exception relating to Irrigation (List 1 -“item 19) where -Inter-Provincial Irrigation and Land Development Projects is ousted from List 1 item 19 under the subject of Irrigation.

Disputed Area and Dispute Resolution

There is a fine distinction on the selection of alottees since it appears in paragraph 2.4 of appendix II, which read as follows:

To the Government-

-The selection of allotters for such lands [-Inter-Provincial Irrigation and Land Development Projects-] will be determined by the Government of Sri Lanka having regard to settler selection criteria including degree of landlessness, income level, size of family and agricultural background of the applicants-. [Bracket is Ours and not in the Constitution]

To the Provincial Council-

The actual application of these principles, selection of allottees and other incidental matters connected thereto will be within the powers of the Provincial Councils.-

[Paragraph 2.4 powers are subdivided between Government & Provincial Council]

‚ POINT FIFTEEN-

Who actually does the selection of allottees?

It appears the selection of the allottees are to be determined by the Government in respect of lands associated with Inter-Provincial Irrigation and Land Development Projects on the criteria stated therein on matters of policy. It seems that Government must determine the policy having regard to the suggested criteria. Determining the Policy relating to the selection of the allottees is the function of the Government.

A possible meaning is required of the following words:

-The actual application of these principles, selection of allottees-¦-¦. will be within the powers of the Provincial Councils.-(2.4) It means that the actual application of those policy criteria including the actual selection process of allottees is with the Provincial Council for lands associated with Inter-

Provincial Irrigation and Land Development Projects within the Province.

However, any anomaly, if any, is cured by the National Land Commission in clauses 3.1 and 3.4

-3.1 The Government of Sri Lanka shall establish a National Land Commission which would be responsible for the formulation of national policy with regard to the use of State land. This Commission will include representatives of all Provincial Councils in the Island.-

-3.4 In the exercise of the powers devolved on them, the powers shall be exercised by the Provincial Councils having due regard to the national policy formulated by the National Land Commission.-

‚ POINT SIXTEEN-

Therefore finally national policy formulated by the National Land Commission ‚ has to be effected by the Provincial Councils in the selection of allotees, in respect of these lands in line with the directions given by the National Land Commission: mindful that the National Policy on all Subjects and Functions are in the Reserved List and vested with the Centre.

Though there is no Act of Parliament on National Land Commission there is a Bill prepared on it. It would be prudent, in the interest of over coming many existing problems, to enact such legislation.

POINT SEVENTEEN-

If the Provincial Councils deviate from implementing the guidelines in selecting allottees formulated by the National Land Commission in respect of lands associated with Inter Provincial Irrigation and Land Development Projects, courts with writ jurisdiction have the right to supervise and rectify any errors.


RESPONSES TO OTHER COUNSEL-â„¢S SUBMISSIONS

‚ Learned Counsel for the 1st Petitioner brought to the notice of Court item (g) under list II under -State Land and Foreshore- relating to the Property of the Government of Sri Lanka. It is submitted since -Ëœstate land-â„¢ appears in List II and -Ëœland-â„¢ in list 1, and there being provision that all subjects and functions not specified in List 1 or list 3 revert to List II that makes the word -ËœProperty-â„¢ referred therein, could only mean -ËœMoveable Property-â„¢ as Immoveable Property, as aforesaid, is fully exhausted and covered in the Constitution. Therefore this submission is irrelevant.

Learned Counsel for Respondent did not make any learned submission worthy of a response except in making a few remarks that lacked substance.

For the reasons aforesaid, it is necessary for Your‚  ‚ Lordships/Ladyship to re-state the law relating to the 13th amendment on List 1 item 18, List II on State Land and the contents in Appendix II with special emphasize on Article 33 (d) and interpret the Constitution correctly. To do so the entire gamut of the quoted Articles, Sections, Clauses Phrases and Words need examination. If done piecemeal or in isolation, the structure will collapse and fall. Even if, bulk of the pieces in the jigsaw are fitted, if there is one missing piece the emerging picture will become disturbed. Many mistakes have been made in the past and its best avoided.

Therefore respectfully it is urged that Your Lordships be pleased to undertake a major surgery on curing the constitution from its many maladies.

In the circumstances the decision of the Court of Appeal cannot stand for the aforesaid reasons.

Attorney-at-Law

for the 2nd Petitioner

Settled by:

Rakitha Abeygoonewardane

Anura Jayasinghe

Kapila Gamage

Manoli Jinadasa

Palitha Gamage

Gomin Dayasri

-Attorneys-at- Law

 

The unwelcome Sepoy Mission of an Indian External Affairs Minister to Sri Lanka

October 2nd, 2013

Shenali D Waduge

‚ A daily problematic issues faced by Sri Lanka as a result of its hegemonic neighbour India are many and have continued through history. When we thought our heroic forces ended the Indian trained and financed LTTE terrorism and brought peace, we now find ourselves facing far more calamities than LTTE suicide missions and bombs. When we thought developing the North, giving freedom to LTTE-enslaved Tamils would bridge divisions, we find TNA the LTTE proxy manipulated by India thinking that securing Northern Provincial Council victory equates to the right to dictate terms to the country-â„¢s President. Of course we do not deny that Sri Lanka has flawed in giving India stakes in North Sri Lanka and Trincomalee which ideally should have gone to China and it is only a matter of time that India will betray Sri Lanka-â„¢s leadership as token of thanks.
TNA and its Chief Minister has touched on every aspect concerning the Tamil people but conveniently left out the most important, namely the incursions and daylight robbery of Sri Lanka-â„¢s maritime resources by India inside Sri Lanka-â„¢s own territorial waters.
TNA claims it wants its people to live with -Ëœdignity-â„¢ and -Ëœself-respect-â„¢ so why is it reluctant to question puppeteer India and its Prime Minister who used the same words when endorsing the resolution against Sri Lanka?
Let us remind the TNA and Chief Minister Wigneswaran that Sri Lankan Tamils cannot eat self-determination and given that livelihoods of Sri Lankan fishermen is immaterial for India-â„¢s strategic interests, what TNA and Chief Minister should do as priority is to make a clear stand and statement on Indian fishermen poaching on Sri Lankan maritime waters denying livelihood to the Sri Lankan Tamil people.
The Sri Lankan Tamil people can test where exactly TNA and its Chief Ministers-â„¢ loyalty lies.‚ 
‚ 
Scenario is more than -Ëœfishy-â„¢
Sri Lanka-â„¢s renowned strategic thinkers Mr. N Q Dias predicted the need to deploy Sri Lanka-â„¢s armed forces in large numbers in the North of Sri Lanka considering multiple threats from India vis a vis Indian state-sponsored illegal immigration and smuggling.
These dual threats enabled LTTE to use Tamil Nadu as a transit hub while illegal immigration is taking place in the guise of repatriating Sri Lankan refugees and it is mind boggling as to how freely Indian traders travel to and from Sri Lanka. It has resulted in a major population demographic change and calls for immediate GOSL action to determine how many are -ËœSri Lankan-â„¢ Tamils through DNA study.
LTTE-â„¢s smuggling network needs no special mention at local and international level and it takes no genius to conclude what came in fishing boats from India to Sri Lanka over the years and why 400 fishing boats come daily to Sri Lankan waters!
Whilst aware of the real scenario with Indian fishermen when the Indian Government brings its fists down simply for election ploys to impress Tamil Nadu we are not naƒ¯ve to buy these stories.
It is time advisors of the Sri Lankan Government discard the unwinnable war promoters who are misleading the leadership and accept that the fishing issue is a new ball game deviously being used to flood the north with arms in a run up to March elections giving the TNA the needed ammunition to go crying to the world that the Sri Lankan army is massacring innocent Tamils the perfect replica of the Syrian R2P foreign intervention!
A separate homogenous Tamil state is one which both Tamil Nadu and Sri Lankan Tamils share yet the parties claiming to assist them to create the new state may not necessarily create one for Tamil Hindus given that the nations, organizations and groups pushing for Eelam self-determination are Church/Christian and Catholic and associated Western Governments.
Formerly we though India did not wish to divide Sri Lanka. This was so in an India run by Hindu majority India. Today India has been hijacked by multiculturalism and secular ideals and Hindu India has ended up usurped by Maino Chairperson ruled Congress turning Indian into a modern day -ËœSepoy Empire-â„¢ pulling West-â„¢s agenda in Asia and turning India against its Asian neighbors. There are many Indian bureaucrats who do not espouse to selling India to the West knowing it would lead to an ultimate showdown with the West and China-Russia (SCO block). Sri Lanka needs to weigh its odds.
Warnings to India have been in vain because India suffers from a severe inferiority complex of -Ëœcraving for acceptance-â„¢ by -Ëœimpressing the West-â„¢ a syndrome India has suffered since British succeeded to drive wedges between and amongst its own neighbors. Having fallen for the bait, India will end up suffering no different to what the US does to Pakistan by unleashing all types of extremists to create anarchy.
If under a Western-influenced Congress, India does concur to carve a new state in Sri Lanka, we are in a precarious situation unless Sri Lanka-â„¢s leaders have lobbied with the Modi camp to ascertain whether they think the same too. Yet, Sri Lanka cannot bite its fingers waiting for Congress or BJP decisions and must be aware of its own strategic options aligning with real friends with real power.
Sri Lanka must annul Sampoor deal
Sri Lanka must realize how foolish it has been to give India stakes in all key industrial infrastructure, access to oil when India is now pushing a corrupt Sampoor power plant deal aimed at securing Sri Lanka-â„¢s most vital asset and entry point close to Trincomalee port where FOUL POINT is located -” in modern naval warfare the place is perfect to park nuclear submarines undetected. It is our key strategic state and we question why we are allowing India to take over this through a bogus power plant project that will end up dumping toxic type of coal to eventually control Sri Lanka-â„¢s power sector.
Sri Lanka-â„¢s geopolitical asset is this focal point and it is the ultimate wish of any nation aspiring to dominate the Indian Ocean Rime to secure this strategic advantage. Sri Lanka would be committing hara kiri by dumping its most strategic leverage on a country that cares not a penny for us. All the friendly nations that have been helping Sri Lanka like Russia and China will simply walk away and ignore Sri Lanka if we give our strategic asset to India and its Western friends.
This would lead to the desired regime change, Sri Lanka would turn into a vassal state, its people would declare the leaders as having betrayed the nation and the armed forces and the leaders will find themselves handcuffed and taken to the Hague for war crimes no different to what happened to Milosevic of Serbia.
These scenarios given in black and white is all that is really left to say for Sri Lanka-â„¢s leaders for it is baffling why Sri Lanka would wish to walk on a thin line falling prey to a nation dangling dollars and ministry officials offering to give incentives for the deal being struck with India on Sampoor. This deal will sacrifice Sri Lanka-â„¢s territorial sovereignty and will take the whole country to be sacrificed in Geneva and no magic rabbits can be pulled out thereafter. ‚ Sri Lanka-â„¢s leaders should not play too much with fire or luck.
Thus the Indian fishermen, smuggling, covert RAW operations are all part of a perfectly connected scenario for which the TNA manifesto has artfully laid the groundwork. It is just a matter of time that incidents will occur, weapons will emerge, and India with stakes of NIOC and Sampoor will immediately arrive to control Trincomalee claiming its security concerns. The Tamils on their part will carry out the sob story of North being historical Tamil areas, Sinhalese oppression, military harassment , accusations of racist supremacist triumphalist Sinhalese and the West that is watching India under Maino do its dirty work will simply get its stooges at the UN to carve out that Tamil nation.
If we know the agenda and the scenario -” what are we doing about it? We are at a stage that incidents and issues cannot be used anymore for political advantage. We ought to learn lessons by the swift manner in which Kosovo and Sudan were divided.‚ ‚ 
The Government of Sri Lanka has only a few hours to rectify all its strategic mistakes before the arrival of the Indian External Affairs Minister and the people of Sri Lanka asks its Government to

1.‚ ‚ ‚  Not give in to Indian illegal poaching.

2.‚ ‚ ‚  Cancel Sampoor deal as it will be the greatest betrayal by a Sri Lankan Government far more dangerous than the Indo-Lankan Accord or the 2002 Ceasefire Agreement.

3.‚ ‚ ‚  Ask Northern Chief Minister Wigneswaran to issue a statement on Indian fishermen-â„¢s incursions into Sri Lankan territorial waters and robbing the maritime resources of the Sri Lankan people so that the Tamil people in Sri Lanka will know where TNA-â„¢s allegiance really lies. (West or India it is now one and the same)
If Congress wishes to -Ëœimpress the West-â„¢ Sri Lanka should find out what the Modi camp feels given that Narendra Modi-â„¢s vision is for a Hindu India instead of neo-colonial India.
If India is being tested on how far India wishes to belong to Asia, Sri Lanka is now being tested on how far Sri Lanka-â„¢s leaders are willing to barter the sovereignty that the armed forces sacrificed to save.
India under Modi would certainly put India back on the Asian map and Sri Lanka needs to align itself with super powers that do not betray.

 

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October 2nd, 2013

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 ¶­ ·’ ·Å - ¶» ¶Å¡ ·” ¶« · ¶¸ ¶½ ¶º ·Å¡  ·Æ’ · ¶¸ ·Å  ¶´ ·” ¶» ·Å   ¶Å ¶½ ·Å   ¶… ¶Å¸ ¶» ·”  ¶¶ ¶½ · ¶Å · ¶» ¶º ·Å¡  ¶… ·â‚¬ ·Æ’ ¶± ·Å   ¶Å ·’ ·â‚¬ ·’ ·Æ’ ·” ¶¸  ¶½ ¶¶ ¶±  ·Æ’ ¶­ ·’ ¶º ·Å¡  ¶… ¶­ ·Å  ·Æ’ ¶± ·Å   ¶Å¡ ·’ ¶» ·” ¶¸ ¶§  ¶º ¶±  ¶¶ ·â‚¬ ¶§  ·â‚¬ ·’ ¶¯ ·” ¶½ ·’ ¶¶ ¶½  ·”ž ·  ¶¶ ¶½ · ¶Å¡ ·Å  ¶­ ·’  ¶… ¶¸ · ¶­ ·Å - ¶º · ¶”š · ¶º ·Å¡  ¶½ ·Å¡ ¶Å¡ ¶¸ ·Å  ¶­ ·” ¶¸ ·  ¶¸ · ¶° ·Å - ¶º ¶º ¶§  ¶´ ·Å - ¶» ¶Å¡ · ·  ¶Å¡ ·Å ¶§  ¶­ ·’ ¶¶ ·Å¡.  ¶± ·Å ·â‚¬ · ¶¸ ·Å  ¶¶ ¶» ·Å   ¶¸ ·Æ’  · ·” ·Å - ¶»  ¶½ ¶”š ¶Å¡ · ·â‚¬ ·Å¡  ¶´ · ·â‚¬ · ¶­ ·Å  ·â‚¬ ·â„¢ ¶±  ¶´ ·Å ¶¯ ·”  ¶» · ¶¢ ·Å - ¶º  ¶¸ ¶« ·Å  ¶© ¶½  ·Æ’ ¶¸ ·” ·… ·” ·â‚¬ ¶§  ¶”° ¶± ·Å  ¶¯ ·’ ¶º · ¶± ·”  ¶… ¶Å ¶¸ · ¶­ ·’ ¶Å ·Å¡  ·Æ’ ·”ž ¶· · ¶Å ·’ ¶­ ·Å  ·â‚¬ ¶º  ¶´ ·’ ·… ·’ ¶¶ ¶³  ·Æ’ · ¶Å¡  ·Æ’ ¶”š ¶Å¡ ·  ¶¸ ¶­ ·”  ·â‚¬ ·”  ¶”¡ ¶­ ·’  ¶´ ·Æ’ ·” ¶¶ ·’ ¶¸ ¶Å¡,  ¶”° ¶± ·Å  ¶¯ ·’ ¶º · ¶± ·”  ·â‚¬ ·’ ¶¯ ·Å¡ ·  ¶”¡ ¶¸ ¶­ ·’  ·Æ’ ¶½ ·Å  ¶¸ ¶± ·Å   ¶Å¡ ·” ¶» ·Å  ·”š ·’ ¶© ·Å   ¶¸ ·”ž ¶­ ·  ¶½ ¶¶ ¶±  ·Æ’ ¶­ ·’ ¶º ·Å¡  · ·” ·Å - ¶»  ¶½ ¶”š ¶Å¡ · ·â‚¬ ·Å¡  ·Æ’ ¶”š ¶  · ¶» ¶º  ¶Å¡ ·’ ¶» ·” ¶¸ ¶­ ·Å   ¶… ¶­ ¶»  ¶­ ·” ¶»  ¶‘ ¶Å¡ ·”  ¶Å ·’ ·â‚¬ ·’ ·Æ’ ·” ¶¸  ¶… ¶­ ·Å  ·Æ’ ¶± ·Å   ¶Å¡ ·’ ¶» ·” ¶¸ ¶§  ¶… ·â‚¬ ·Æ’ ·Å  ¶® · ·â‚¬  ¶º ·Å ¶¯ ·  ¶Å ¶± ·Å  ¶± ·  ¶¶ ·â‚¬ ¶­ ·Å   ¶Å¡ ·’ ¶º · ·â‚¬ ·Å¡.‚ 
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 ¶½ ¶”š ·â‚¬ ·’ ¶¸  ·Æ’ ·”ž  ¶”° ¶± ·Å  ¶¯ ·’ ¶º · ·â‚¬ ·Å¡  ¶‘ ¶± ·Å . ¶§ ·”. ¶´ ·”. ·Æ’ ·”.  ·Æ’ ¶¸ · ¶Å ¶¸  ¶… ¶­ ¶»  ¶”¡ ¶­ ·’  ¶¸ ·” ¶½ ·’ ¶Å¡  ¶Å ·’ ·â‚¬ ·’ ·Æ’ ·” ¶¸ ¶§  ¶´ ·Å - ¶» ¶Å¡ · ¶» ·â‚¬  ¶¸ ·â„¢ ¶Å ·  ·â‚¬ ·Å ¶§ ·Å  500 ‚  ¶Å¡  ¶° · ¶» ·’ ¶­ · ·â‚¬ ¶º ¶Å¡ ·’ ¶± ·Å   ¶º ·” ¶­ ·”  ¶Å ¶½ ·Å   ¶… ¶Å ·” ¶» ·”  ¶¶ ¶½ · ¶Å · ¶» ¶º ¶Å¡ ·Å   ·Æ’ · ¶¸ ·Å  ¶´ ·” ¶» ·Å   ·”ž ·’  ¶´ ·’ ·”ž ·’ ¶§ ·” ·â‚¬ ¶± ·”  ¶”¡ ¶­.  ¶’  ·Æ’ ¶³ ·”ž ·  ¶½ ¶”š ·â‚¬ ·’ ¶¸  ·Æ’ ·”ž  ¶‘ ¶± ·Å . ¶§ ·”. ¶´ ·”. ·Æ’ ·”.  ·Æ’ ¶¸ · ¶Å ¶¸  ¶© ·Å ¶½ ¶» ·Å   ¶¸ ·’ ¶½ ·’ ¶º ¶± 75  ¶¶ · ¶Å ·’ ¶± ·Å   ·â‚¬ ·”  ¶´ ·Å - ¶» · ¶Å ·Å  ¶° ¶± ¶º ¶± ·Å   ·Æ’ · ¶´ ¶º ·’ ¶º  ¶º ·” ¶­ ·”  ¶… ¶­ ¶»  ¶­ ·â‚¬ ¶­ ·Å   ¶© ·Å ¶½ ¶» ·Å   ¶¸ ·’ ¶½ ·’ ¶º ¶± 350  ¶Å¡ ·Å   ¶´ ¶¸ ¶«  ¶« ¶º  ·â‚¬ · ¶º ·â„¢ ¶± ·Å   ¶½ ¶¶ · ¶Å ¶­  ¶º ·” ¶­ ·” ¶º.  ¶’  ¶… ¶± ·” ·â‚¬  ¶¸ ·â„¢ ¶¸  ¶¶ ¶½ · ¶Å · ¶» ¶º  ·Æ’ ¶³ ·”ž ·  ¶© ·Å ¶½ ¶» ·Å   ¶¸ ·’ ¶½ ·’ ¶º ¶± 500  ¶Å¡  ¶¸ ·” ·… ·”  ·â‚¬ ·’ ¶º ¶¯ ¶¸ ¶Å¡ ·Å   ·Æ’ ·’ ¶¯ ·” ·â‚¬ ·Å¡  ¶º · ¶º ·’  ·Æ’ ¶³ ·”ž ¶± ·Å   ¶Å¡ ·â„¢ ¶» ·Å¡.  ¶‘ ·”ž ·â„¢ ¶­ ·Å   ¶‘ ¶¸  ¶¶ ¶½ · ¶Å · ¶» ¶º ·Å¡  ·Æ’ · ¶¶ ·‘  ·â‚¬ ·’ ¶º ¶¯ ¶¸  ¶± ·’ · ·Å  ¶  ·’ ¶­ ·â‚¬  ¶¯ · ¶± ¶Å ¶± ·Å  ¶± ¶§  ¶± ·Å ¶¸ · ¶­.  ¶¸ ·â„¢ ¶º  ¶½ ¶”š ¶Å¡ · ·â‚¬  ·Æ’ ·”ž  ¶”° ¶± ·Å  ¶¯ ·’ ¶º · ·â‚¬  ¶… ¶­ ¶»  ·Æ’ ·’ ¶º ¶º ¶§  ¶´ ¶« ·”ž  ¶¶ · ¶Å ·’ ¶± ·Å   ·Æ’ ¶¸  ¶´ ¶”š ¶Å ·” ¶Å¡ · ¶» ·’ ¶­ ·Å  ·â‚¬ ¶º ¶Å¡ ·Å   ¶¯ ¶» ¶«  ¶¶ · ·â‚¬ ·Å   ¶´ · ·â‚¬ ·Æ’ ·” ·â‚¬ ¶­ ·Å   ¶¯ · ¶± ¶§ ¶¸ ¶­ ·Å   ·Æ’ ¶Å¡ ·Æ’ ·  ¶”¡ ¶­ ·’  ¶¸ ·” ¶½ ·’ ¶Å¡  ¶Å ·’ ·â‚¬ ·’ ·Æ’ ·” ¶¸ ·Å   ¶± ·’ ·Æ’ ·  ¶½ ¶”š ¶Å¡ ·  ·â‚¬ ·’ ¶¯ ·” ¶½ ·’  ¶¶ ¶½  ¶¸ ¶« ·Å  ¶© ¶½ ¶º ¶§  ¶… ·â‚¬ · ·Æ’ ·’  ·Æ’ ·”ž ¶Å ¶­  ¶Å¡ ·Å ¶± ·Å  ¶¯ ·Å¡ ·Æ’ ·’  ¶» · ·Æ’ ¶Å¡ ¶§  ¶‘ ¶Å¡ ¶Å¸  ·â‚¬ ·” ¶¸ ¶§  ·Æ’ ·’ ¶¯ ·” ·â‚¬ ·”  ¶”¡ ¶­ ·’  ¶¶ · ·â‚¬ ·Å   ¶´ ·Æ’ ·” ¶Å ·’ ¶º  ¶¯ ·’ ¶± ·â‚¬ ¶½  ·â‚¬ · ¶» ·Å  ¶­ ·  ·â‚¬ ·’ ¶º.  ¶‘ ·”ž ·’  ¶´ ·Å - ¶» ¶­ ·’ ·â‚¬ ·’ ¶´ · ¶Å¡  ·Æ’ · ¶Å¡ ·â„¢ ·â‚¬ ·’ ¶± ·Å   ¶¸ ·â„¢ ·Æ’ ·Å¡ ¶º.
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-¢  ¶¶ ¶½ · ¶Å · ¶» ¶º ·Å¡  ¶Å¡ · ¶» ·Å  ¶º ¶Å¡ ·Å  ·”š ¶¸ ¶­ · ·â‚¬  · ¶Å¡ ·Å - ¶º ¶­ ·  ¶… ¶° ·Å - ¶º ¶±  ·â‚¬ · ¶» ·Å  ¶­ · ·â‚¬ ·Å¡  ·Æ’ ¶³ ·”ž ¶± ·Å   ¶´ ¶» ·’ ¶¯ ·’ 40%  ¶½ ·â„¢ ·Æ’  ¶± ·Å ·â‚¬ 33%  ¶½ ·â„¢ ·Æ’  ·Æ’ · ¶½ ¶Å¡ ·” ¶¸  ¶± ·’ ·Æ’ ·  ¶¯ · ¶± ¶§  ¶´ ·â‚¬ ¶­ ·’ ¶±  ¶¸ ·’ ·…  ¶Å ¶« ¶± ·Å   ¶… ¶± ·” ·â‚¬  ·â‚¬ · ¶» ·Å  ·”š ·’ ¶Å¡ ·â‚¬  ¶» ·” ¶´ ·’ ¶º ¶½ ·Å   ¶¶ ·’ ¶½ ·’ ¶º ¶± 2.6  ·Æ’ ·’ ¶§ 4.9  ¶¯ ¶Å¡ ·Å  ·â‚¬ ·  ·â‚¬ ¶±  ¶… ¶½ · ¶· ¶º ¶Å¡ ·Å   ·Æ’ ·’ ¶¯ ·” ·â‚¬ ·” ¶¸.
-¢  ¶¶ ¶½ · ¶Å · ¶» ¶º ·Å¡  ·â‚¬ · ¶» ·Å  ·”š ·’ ¶Å¡  ¶± ¶© ¶­ ·Å  ¶­ ·”  ·â‚¬ ·’ ¶º ¶¯ ¶¸  ¶½ ·â„¢ ·Æ’  ¶”¡ ¶¸ ¶» ·’ ¶Å¡ · ¶± ·”  ¶© ·Å ¶½ ¶» ·Å   ¶¸ ·’ ¶½ ·’ ¶º ¶± 20.5  ¶± ·Å ·â‚¬  ¶”¡ ¶¸ ¶» ·’ ¶Å¡ · ¶± ·”  ¶© ·Å ¶½ ¶» ·Å   ¶¸ ·’ ¶½ ·’ ¶º ¶± 32.5  ¶½ ·â„¢ ·Æ’  ·Æ’ · ¶½ ¶Å¡ ·” ¶¸  ¶± ·’ ·Æ’ ·  ·â‚¬ ·’ ¶¯ ·” ¶½ ·’  ¶¶ ¶½  ¶¸ ¶« ·Å  ¶© ¶½ ¶º ¶§  ¶¯ · ¶± ¶§  ¶´ ·â‚¬ ¶­ ·’ ¶±  ·â‚¬ ·’ ¶± ·’ ¶¸ ¶º  ¶… ¶± ·” ¶´ · ¶­ ·’ ¶Å¡ ¶º  ¶… ¶± ·” ·â‚¬  ¶… ·â‚¬ ¶¸  ·â‚¬ · ¶º ·â„¢ ¶± ·Å   ·â‚¬ · ¶» ·Å  ·”š ·’ ¶Å¡ ·â‚¬  ¶» ·” ¶´ ·’ ¶º ¶½ ·Å   ¶¶ ·’ ¶½ ·’ ¶º ¶± 1.56  ¶Å¡  ¶… ¶½ · ¶· ¶º ¶Å¡ ·Å   ·Æ’ ·’ ¶¯ ·” ·â‚¬ ·” ¶¸.
-¢  ¶¸ ·â„¢ ¶Å · ·â‚¬ ·Å ¶§ ·Å  500  ¶Å¡  ¶­ ¶» ¶¸ ·Å   ·â‚¬ ·’ · · ¶½  ¶¶ ¶½ · ¶Å · ¶» ¶º ¶Å¡ ·Å   ·Æ’ ¶³ ·”ž ·  ·”ž ·’ ¶¸ ·’ ¶Å¡ ¶¸ ·Å   ¶¸ ¶­  ¶½ · ¶¶ ·” ¶¸ ·Å  ( ¶”  ¶» ·Å . ¶”¢. ¶Å )  ¶½ ·â„¢ ·Æ’ ‚  ¶”¡ ¶¸ ¶» ·’ ¶Å¡ · ¶± ·”  ¶© ·Å ¶½ ¶» ·Å   ·â‚¬ ¶½ ·’ ¶± ·Å  18%  ·â‚¬ ·Æ’ ¶» ¶Å¡ ¶§  ¶½ ¶¶ · ¶¯ ·” ¶¸  ¶¯ · ¶± ¶§  ¶­ ·’ ¶”º ·â„¢ ¶±  ¶½ · ¶Å¡ ¶º ·Å¡  ¶”¡ ¶­ ·’  ¶´ ·Å - ¶» ¶­ ·’ · ¶­  ¶… ¶± ·” ·â‚¬  ¶… ·Æ’ · ¶° · ¶» ¶« ·â‚¬ ·Å¡.  ¶‘ ¶¸  ¶… ¶Å ¶º 12%  ¶½ ·â„¢ ·Æ’  ·Æ’ · ¶½ ¶Å¡ ·” ·â‚¬  ·”ž ·Å ¶­ ·Å   ¶¸ ·â„¢ ¶¸  ¶­ ·” ¶» ¶« ¶º  ¶± ·’ ·Æ’ ·  ¶¯ · ¶± ¶§  ¶­ ·’ ¶”º ·â„¢ ¶±  ·â‚¬ ·’ ¶± ·’ ¶¸ ¶º  ¶… ¶± ·” ¶´ · ¶­ ·’ ¶Å¡ ¶º  ¶… ¶± ·” ·â‚¬  ·â‚¬ ·’ ¶¯ ·” ¶½ ·’  ¶´ · ¶» ·’ ¶· · ¶Å ·’ ¶Å¡ ¶º · ¶§  ·â‚¬ ·Æ’ ¶» ¶Å¡ ¶§  ¶» ·”  ¶¶ ·’ ¶½ ·’ ¶º ¶± 1.2  ¶Å¡  ¶´ ¶¸ ¶«  ¶… ¶½ · ¶· ¶º ¶Å¡ ·Å   ·Æ’ ·’ ¶¯ ·” ·â‚¬ ·” ¶¸.
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Did LTTE-â„¢s Adele Balasingham inspire Kenyan Mall killer Samantha Lewthwaite?

October 1st, 2013

Shenali D Waduge

What happens when people like Adele Balasingham, Beate Arnestad and Niromi de Soyza glorify terrorism and make martyrs out of female terrorists? People like Samantha Lewthwaite emerges and killings like the Kenyan Mall slaughter resulting in over 100 innocent people being gunned down mercilessly takes place. Public killings have been a hallmark of the LTTE nothing that the -Ëœinternational community-â„¢ chose to do anything about. Adele Balasingham pioneered and trained female terrorists and turned children into child soldiers but she-â„¢s happily living in the UK with no remorse. Should the world continue to allow terrorists to be promoted as -Ëœmartyrs-â„¢ and as -Ëœfreedom fighters-â„¢ for in doing so more people like Samantha Lewthwaite the -ËœWhite Widow-â„¢ will emerge.

‚ Samantha Lewthwaite has an Interpol red notice issued for her arrest. Adele Balasingham who trained children as young as 10 years to kill and handed each child a cyanide capsule with the strict instruction to bite and commit suicide is happily living in the UK where the Government has given her refuge. For decades the world and UN knew and had compiled reports after reports about the LTTE child soldier recruitment and even appointed a Tamil as the special rapporteur but other than accepting international awards for those compilations nothing was done and LTTE child soldier recruitment became a taboo subject except to be used against the GOSL. Adele Balasingham continues to escape war crimes for ordering over 10,000 females to take their lives and this -ËœAunty-â„¢ even boasts of her capabilities in a book she titles -ËœWill to Freedom-â„¢. The children she trained to kill and ordered to commit suicide were -Ëœfreedom birds-â„¢.

‚ Norwegian film maker Beate Arnestad too attempted to create a proud notion of being a terrorist. -ËœMy daughter the terrorist-â„¢ was the title given to her film documentary. One wonders whether Samantha Lewthwaite-â„¢s soldier father would also claim with pride the exploits of her daughter killing so many innocent people in Kenya yet Adele Balasinghams parents when interviewed many years ago had both claimed they were -Ëœproud-â„¢ of their daughter!

‚ In fact EROS Eelam Revolutionary Organization (EROS)issued a statement not to screen the film -ËœThis kind of media propaganda will have a devastating effect and will entice would-be suicide bombers to join terrorist linked organizations such as Al-Queda and other groups. There is clear evidence of the LTTE-â„¢s links in terrorist organizations linked to Al-Queda and the technology used in developing suicide bomb jackets etc is often shared between these terrorist organizations for their own mutual benefits.-â„¢ The White Widow -” Samantha Lewthwaite in fact is a key member of the Al Qaeda affiliate Al-Shabab and she is also the widow of Germaine Lindsay who blew himself up in a London underground train causing the 7/7 of UK that killed 52 people. Samantha Lewthwaite known now as -ËœWhite widow-â„¢ has now become a British fugitive. She is also wanted in connection with plotting attacks on hotels and restaurants in 2011.

‚ Beate Arnestad had breached Sri Lankan immigration laws by entering the country under a false name (Ms Smith) to make the film and funding for the film came from the Norwegian Government which next questions why a Government should fund a film that glorifies suicide terrorism and Norway should know what reasons compelled Anders Behring Breivik to kill 77 people.

‚ Then there is pseudonym author Niromi de Soysa in her book -ËœTamil tigress-â„¢ claiming to be a former child soldier. Her lies are too many -” proceeds of her book was supposed to go to her alma mater but it emerged that this alma mater she referred everyone to was St. Josephs-â„¢ College, Jaffna. Now Niromi being a female could not have attended an only boys school! She refers to a discretion of a cemetery in Kopay but hides the fact that LTTE built two large -maaveerar thuyilum illam- (great warriors-â„¢ sleeping place) in 2003 (during ceasefire) on state land (illegally). To the UK Telegraph, Niromi says her mother was a -Ëœteacher-â„¢ but in her memoirs she says her mother worked for the Dept of Telecommunications. Lankan writers Arun Ambalavanar (http://www.srilankaguardian.org/2011/08/farce-of-fake-tigress.html), Michael Roberts(http://groundviews.org/2011/08/31/forbidden-fruits-niromi-de-soyzas-tamil-tigress-noumi-kouri-and-helen-demidenko/) and Muthukrishna Sarvananthan(http://groundviews.org/2011/11/19/outing-a-counterfeit-guerrilla-a-tale-of-lies-by-tamil-tigress-niromi-de-soyza/) have exposed this as a fake memoir.

‚ Most recently Gordon Weiss, Francis Harrison and the like are attempting to tap into the realm of fiction claiming to be facts simply to widen their purses and using the pressures by the agenda-clad West as a perfect opportunity to tag along with their tales.

‚ Be that as it may the fact that the most recent killings in Kenya that spread horror across the world and gave bonus prime time coverage to the mainstream media to sensationalize the -ËœWhite widow-â„¢ killer goes to show double standards and hypocrisies. When LTTE carried out 300 or more attacks including suicide missions on innocent civilians the quick reaction was to emphasize that the killings were always -Ëœallegedly-â„¢ done by the LTTE and never did any foreign leader or media wish to lay the blame on the LTTE and give publicity to the atrocities of the LTTE that would have got their Governments to do something to stop the fundraising taking place from overseas. LTTE was always project and promoted as freedom fighters and never did their attacks on the Sri Lankan public receive the sympathy it should have got.

‚ Yet, in making out and ignoring the horrors of terrorism, female suicide and the martyrdom and glorification that had been encouraged the world is producing more people like Samantha Lewthwaite who is even taking her young children along with her to witness her crimes. What type of message is this giving to little children and Sri Lanka should know given that the LTTE ran many orphanages from which they plucked out children to be trained as child soldiers completely destroying their youth and making them misfits in society and no matter how rehabilitated and reintegrated these children are how can they erase from their minds the years in which they were trained to murder?

‚ The world leaders who refer to themselves as the -Ëœinternational community-â„¢ have much to account for. It is therefore no better a time that world leaders coming to Sri Lanka to attend the CHOGM are likely to not praise Sri Lanka for its post-conflict development though that is what our leaders expect them to do but will like Navi Pillay enjoy our hospitality and then out of malice pull out various terms for which targeted nations have no defence. It is therefore important that the GOSL stop listening to or continuing to be mesmerized by the -Ëœunwinnable war-â„¢ promoters and start asking the correct questions back from those pointing fingers instead of going begging behind the very nations tarnishing Sri Lanka and first on that list of question is what these foreign leaders are doing about providing safe haven to people like Adele Balasingham, Rudrakumaran and a host of LTTE front organizations who are mere agents of a bigger plan. Those that glorified terrorists and terrorism have created unnecessary pain for so many and continue to do so still.

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Group of Fifteen calls for heightened South-South Cooperation at the Annual Meeting of the G-15 Foreign Ministers in New York

October 1st, 2013

The Summit Level Group of Developing Countries -PRESS RELEASE

The Ministers of Foreign Affairs of the Group of Fifteen who held their 36th annual meeting on the sidelines of the 68th UN General Assembly on Friday (27 September 2013) in New York, renewed their commitment for enhanced engagement and cooperation among themselves, as well as with the relevant Geneva-based institutions in newly emerging areas of cooperation in step with the evolving Post-2015 development agenda.

The Group agreed to expand their areas of cooperation to include four new thematic areas – information communication technology, intellectual property, migration for development and renewable energy. The meeting was chaired by Professor G.L. Peiris, Minister of External Affairs of the Democratic Socialist Republic of Sri Lanka for the fourth time in succession, as Sri Lanka prepares to handover the baton of Chairmanship of the Group to the Republic of Kenya, at the Summit of the Heads of State of G-15 states to be held in Colombo next year.

G15photo1

Established as a Summit Level group of developing countries in 1989, following the conclusion of the Ninth Non-Aligned Summit Meeting in Belgrade, the Group comprises 17 developing countries from Asia, Africa and Latin America and the Caribbean1. The aims and objectives of the Group are to harness the latent potential of the member states for mutually beneficial cooperation, besides serving as a forum for the conduct of regular consultations in pursuance of their common agenda.

Sri Lanka-â„¢s Permanent Representative to the United Nations in Geneva and the Chair of the Personal Representatives of the Group, Ambassador Ravinatha Aryasinha, while presenting the highlights of the activities undertaken by the Group since last year, made a special mention of the common positions arrived at by the Group on vital global issues as reflected in the five Joint Statements delivered during the year with more in the pipeline. Noting the dire need for enhanced cooperation, engagement and solidarity among nations of the Global South for securing bargaining power and leverage, Ambassador Aryasinha pointed to the need for developing countries to engage more unitedly towards framing the international development agenda, in order to forestall it from being -imposed- by the developed countries as a fait accompli.

The Sri Lankan Foreign Minister, noting the ongoing deliberations in shaping the global development landscape beyond the year 2015, called for a collective voice in articulation of common interests and convergence across a wide spectrum of fields, including irradiation of poverty, balancing economic development with environmental protection, access to technology, reforms in international financial institutions, sustainable growth, among others. He reaffirmed that the Group not only has the potential to be an active contributor to the Post 2015 Development Agenda but can also be a voice on behalf of the Global South.

The Heads of Delegations of the G-15 member states which included Foreign Ministers addressed the meeting.
1 Algeria, Argentina, Brazil, Chile, Egypt, India, Indonesia, Iran, Jamaica, Kenya, Malaysia, Mexico, Nigeria, Senegal, Sri Lanka, Venezuela and Zimbabwe.

The Group unanimously elected Kenya as its new Chair; post Colombo Summit in 2014. Professor Peiris thanked the Foreign Minister of Kenya for Kenya-â„¢s acceptance of the Chairmanship. He also thanked the Personal Representatives of the member states for steering the affairs of the Group; Ambassador Aryasinha for his leadership as the Chair of the Personal Representatives of the Group; the Arab Republic of Egypt for the Chairmanship of the Working Group on Sectoral Cooperation and the Technical Support Facility for providing effective support.

The Fifteenth Summit of the Heads of State and Government of the G-15 is scheduled to be held in Colombo in 2014.

The Secretariat of Group of Fifteen;

Geneva; 28 September 2013

APPRECIATION-Dr Upali Manukulasuriya A FOOT SOLDIER WHO NEVER FORGOT HIS MOTHER COUNTRY

October 1st, 2013

‚ Don Wijewardana

It is four years since Dr Upali Manukulasuriya passed away in Auckland, New Zealand‚  but the void he left remains. Manu, as we used to call him affectionately, had a long and distinguished career in medicine, mostly practising as a GP in rural New Zealand.

‚ Born in Ahangama,‚  Manu studied at Mahinda College, Galle and entered the Peradeniya medical school in 1961. In 1970 he migrated to New Zealand where much of his work was for rural communities where there was a dearth of doctors. He was recognised both by the public and the New Zealand government for years of contribution he made to rural health. In both 1997 and 1998 he received the award for best professional person for the region and in 1999 he was nominated by the popular -ËœNorth South-â„¢ Magazine as a -ËœNew Zealander who made a difference to New Zealand way of life-â„¢. The same year the government awarded him the Queen-â„¢s Service Medal for his work.

‚ But I remember Manu for an entirely different reason.‚  Although Manu left Sri Lanka he never forgot his mother country. Communal troubles in 1983 resulted in the media in New Zealand, like in most other countries, carrying a regular litany of anti Sri Lanka propaganda from LTTE supporters. Frustrated by the inability to respond as an individual Manu called on all Sri Lankans in the country to join together to form an organisation to counter the false propaganda. That was how the United Sri Lanka Association in New Zealand (USLA) was born. To this day USLA remains a vibrant community voice in New Zealand. Also at that first meeting Manu was unanimously elected as the Spokesperson for USLA to front up to the media.‚  He has been elected to the position each year since then until his retirement in 2009, sadly, due to ill health.

‚ While USLA was engaged in countering the LTTE propaganda blitz over the years, I recall one instance when Manu took the issue right to the top. It was after the 2004 tsunami when a group of LTTE supporters, with the help of some unsuspecting Sinhalese, got the New Zealand government to agree to a million dollar aid package to TRO ostensibly to buy mobile clinics for North and East. Recognising the potential misuse of such vehicles in the war USLA protested unsuccessfully to New Zealand government officials. As a last resort Manu led a delegation to see the then Prime Minister Helen Clark and I was a member of it. I realised that Clark was a close friend of Manu only when she welcomed him with a hug. Manu explained the issue and we all chipped in. At the end Clark said -I see what you mean- and scribbled a note for aid officials.‚  And that was how the mobile clinics saga ended.

‚ That is just one of a myriad of tasks Manu was involved in during the 30 year war. Press releases, letters to editors, communications to MPs and Ministers, demonstrations, meetings and endless hours on the phone, were all part of this work. Manu always noted that winning the media war was as important as fighting on the ground. And that-â„¢s what ruled his life during that entire period.

‚ It was not only in relation to terrorism that Manu stood for Sri Lanka. When the news of the tsunami reached New Zealand he immediately contacted the pharmacies and doctors in the region, collected all possible drugs and other supplies and flew to Sri Lanka. Loads of equipment and material that arrived with him were among the emergency supplies to local hospitals.

‚ A function to celebrate Manu-â„¢s enormous contribution was held soon after the conclusion of the war. The large gathering there that exceeded the expectations of organisers of the function was clear testimony to his untiring efforts to support Sri Lanka. As he noted there, just as the security force commanders reported, he was able to now say his -Ëœ30 year mission was accomplished-â„¢. This is only one segment of the life of this great amiable man.

‚ It was foot soldiers like Manu who kept the sri Lankan flag flying abroad when misinformed media heaped scorn on the efforts to rid the country of terrorism. Their role need to be commemorated along with the valiat soldiers who made the supreme sacrifice for the nation.

‚ Manu was a family man good friend and wonderful company. My life has enriched tremendously by the close friendship I had with Manu for which I am ever grateful to him.‚  Grieving still for Manu are his wife Shantha, daughters Shereen and Hiranthi, son in law Jeremy Jones‚  and grand children Isla and Nico‚  and many friends.

‚ May he attain Nibbana.

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Sergei Lavrov- the most intelligent and experienced diplomat in the world today

October 1st, 2013

After graduating from the‚ Moscow State Institute of International Relations‚ (MGIMO) in 1972, Sergey Lavrov started his career at the Soviet Embassy in Sri Lanka (pictured). He learned‚ Sinhalese, the official language of Sri Lanka,‚ and‚ Dhivehi, the official language of the‚ Maldives, at university.

lavrov.si

In the photo is the Russian Embassy in Sri Lanka and to the Republic of Maldives.

Sovetembassy

Russian Foreign Minister Sergei Lavrov’s name has leapt to the fore recently for his role in steering a way forward for the international community in the Syria crisis. In this photo gallery, we offer some glimpses of a man famed for his meticulous, dogged approach to diplomacy and enjoyment of life.

Lavrov served as Permanent Representative of the Russian Federation at the United Nations from 1994 to‚ 2004. While in this position‚ he was the President of the‚ United Nations Security Council‚ in December 1995, June 1997, July 1998, October 1999,‚ December 2000, April 2002, and June 2003

Read more: http://voiceofrussia.com/uk/news/2013_09_29/photo-Gallery-Sergei-Lavrov-diplomacy-and-downtime-1519/

Khalifa of Islam on Ahmadiyya in Singapore, Indonesia and Malaysia

October 1st, 2013

by A. Abdul Aziz, Press Secretary, Ahmadiyya Muslim Jama-â„¢at -” Sri Lanka.

‚ (Given below is an excerpt of the Friday Sermons of Hazrat Mirza Masroor Ahmad, Supreme Head of the world-wide Ahmadiyya Muslim Community in Islam, delivered on 27th September 2013, at Ta Ha Mosque in Singapore gave a discourse on Ahmadiyyat in Singapore, Indonesia and Malaysia.

‚  Ahmadiyya Khalifa ‚ said:

-ËœIt is with the grace of Allah the Exalted that once again He has enabled me to meet Ahmadis of this region. The situation in Malaysia and Indonesia as regards the Jama-â„¢at is such that it is difficult for me to go there. Singapore is one such place where Allah the Exalted facilitates meeting members of these Jama-â„¢ats. May Allah the Exalted make the situation such that things ease in these countries and the Khalifa of the time is enabled to go there.

‚ This time over three thousand Ahmadi Muslims have come from Indonesia and Malaysia, most of them are from Indonesia. In addition, Ahmadis have also come from Thailand, Myanmar (Burma) and the Philippines. Some non-Ahmadis have also come. In any case it is a favour of Allah the Exalted that He has facilitated these meetings.

‚ Indonesia is one such country in this region where because of Ahmadiyyat members of the Jama-â„¢at are being badly persecuted and there have been martyrdoms. The persecution took place and indeed is still taking place in the presence of government workers. It is not that it just happened once.

‚ I came here for the first time about seven years ago. Persecution of Ahmadis in Indonesia had started a short while prior to [my visit]. Mosques were attacked, there was general rampaging, Jama-â„¢at property was damaged and Ahmadis were attacked and they endured loss of life and property. Wave of enmity grew fiercer and fiercer after that and loss of life and property continued. All of you know how cruelly and brutally Ahmadis were martyred in the supervision of police. The barbarity was of such level that fair-minded local media also condemned it. Nowadays the world has shrunk so much due to the media that details of this persecution reached everyone and the world-â„¢s attention was turned to it and many voices were raised against it. We are grateful to all the organisations or individuals who spoke up against the persecution of Jama-â„¢at. Yet, Allah the Exalted in another ways brings about some good results of every episode of persecution of the Jama-â„¢at. Due to the persecution of Indonesian Ahmadis, the Jama-â„¢at was introduced on a large scale around the world. When the video of the persecution where three Ahmadis were martyred was shown in a far-flung part of Africa, a great learned person there decided that such cruelty can only be perpetrated against true believers and as a result he accepted Ahmadiyyat, true Islam This particular persecution not only resulted in Bai-â„¢ats in Indonesia but also Bai-â„¢ats in many areas of the world.

‚ After Pakistan Indonesia is one such country where cruelty and barbarity continues to be perpetrated and where brutal persecution of Ahmadis is taking place. Although the situation is easing somewhat in Indonesia, it continues in Pakistan. And this oppression is taking place in the name of God and His Prophet (peace and blessings of Allah be on him). In the name of that God Whose teaching is replete with paying the dues of mankind, in the name of that God Who gives Muslims the teaching of compassion and justice, in the name of that Prophet who was -Ëœmercy for all the worlds-â„¢, who stopped from cruelty even during the hour of battle and who was most displeased with his Companion for killing a person who had recited the Kalima (Muslim declaration of faith). When the Companion told him that the Kafir had uttered the Kalima out of fear of the sword, the Holy Prophet (peace and blessing of Allah be on him) asked him if he had cut open the man-â„¢s heart and seen whether he had uttered the Kalima out of fear or with sincerity.

‚ In any case, the persecution in Pakistan is of extreme nature. People who utter the Kalima are being persecuted in the name of the Kalima and it is the influence of the Pakistani Mullahs on the Indonesian Mullahs who have been committing cruelty and who incite people. Whenever they get a chance, our opponents try and harm us. Yet, it is a grace of Allah the Exalted that the worse the enemy gets in opposition, steadfastness of Ahmadis increases to a an even greater extent. Our opponents do not know that Ahmadiyyat is that true Islam which is embedded in our hearts and no amount of opposition and its severity can separate the strong roots of our faith from us. Seeing the blessings of Allah the Exalted, how can Ahmadis turn away from the pledge they have made with God! How can they break the connection made with the true and ardent devotee of the Holy Prophet (peace and blessings of Allah be on him)? This is a connection which has further strengthened our connection with Allah the Exalted and the Holy Prophet (peace and blessings of Allah be on him) and which has shown us those ways of progression of faith from which the non-Ahmadi Muslims are unfamiliar.

‚ Every Ahmadi should continue to strengthen his faith in spite of the opposing hostilities and always stay firm as a model of steadfastness, enhance in faith and pray for fortitude because it fortitude come with the grace of Allah the Exalted. And to attain His grace it is very important to turn to Him and pay the dues of His worship. Similarly, practises should also be improved. A lot of attention should be given to this. Turning to Allah the Exalted and improving practises is not just for those who are being persecuted. In fact, every Ahmadi should self-reflect. Ahmadis of Thailand, Burma, Singapore and every country will not be able to improve if they do not self-reflect over their spiritual condition. And if there is no improvement/progression in [individuals-â„¢] Ahmadiyyat, then there is no point in being an Ahmadi. Every Ahmadi should pay attention to improving his faith.

‚ I mentioned Malaysia earlier; there is opposition there as well. Time and again there is a furore there but the situation is not like Indonesia. It is understood that Muslim organisations have put up signboards all over the place which say that -ËœQadianis-â„¢ are not Muslims or words to that effect. Certainly when passing by Ahmadis see these [boards] and their sentiments are hurt and seeing these words all over the place upsets them. However, Ahmadis are always patient and do not take the law in their hand. Allah the Exalted knows we are Muslims and we know that we are better Muslims than the others; we know that our hearts are full of love of Allah the Exalted and the Holy Prophet (peace and blessings of Allah be on him). Indeed, the Holy Prophet (peace and blessings of Allah be on him) said not to call one who professes -ËœLa ilaha illalla Muhammadur Rasoolullah-â„¢ (There is none worthy of worship except Allah and Muhammad is His Messenger) a Kafir (disbeliever) because calling one a Kafir will revert back on the person saying it. In fact he said that one who only says -ËœLa ilaha illah-â„¢ is also a Muslim. And the Holy Qur-â„¢an even states not to tell a person who says Salaam to you that he is not a believer. Such is the teaching of the Holy Qur-â„¢an whereas these people have made their own Islam. For the sake of their vested interests and personal desires they have made the commandments of Allah the Exalted a laughing stock in the eyes of others.

‚ I met (President) Sadr Jama-â„¢at of Malaysia and he said that although the signboards are there, people do not care about them anymore. Decent people outside the Jama-â„¢at have also realised that these expressions stem from invested interests of the Maulwis that they are making Islam a source of derision in the eyes of the outsiders, moulding it contrary to the teaching of the Holy Qur-â„¢an and according to their own interests. However, true Islam constitutes the commandments of Allah the Exalted and the Holy Prophet (peace and blessings of Allah be on him). Some time ago a Christian priest in Malaysia said that it is alright for Christians to use the term Allah because He is also their Allah. The so-called Muslims raised a hue and cry over this and the matter was taken to the court. Unfortunately the court decided that only Muslims can use the term Allah and no one else has the right to say that Allah belongs to them. So, these worldly people restricted Allah-â„¢s name in the name of Allah! They deem that only the so-called Muslims have ownership of Allah. The ignorant Maulwis may say things like these but it is astonishing to note that educated decision-making people are bringing Islam in disrepute with such decisions. Allah the Exalted states: -ËœAll praise belongs to Allah, Lord of all the worlds.-â„¢ (1:2) that is, He is the Lord of everyone, whether Muslim or non-Muslim. He also states: -ËœAllah enlarges His provisions for whomsoever He pleases-¦-â„¢ (13:27) Is someone else providing for Christians, Jews or the others? In light of their [the court-â„¢s] decision it is an unforgivable sin if a Christian says that Allah is providing for him. Allah the Exalted has had it stated in the Holy Qur-â„¢an through the earlier Prophets that: -ËœAllah, your Lord, and the Lord of your forefathers of old?-â„¢ (37:127) Thus, how can Muslims have ownership of Allah? Indeed, Allah the Exalted states about the Christians about whom the Malaysian court passed a verdict that only Muslims can use the term Allah: -ËœSay, -ËœO People of the Book! come to a word equal between us and you -” that we worship none but Allah-¦-â„¢ (3:65) That is, the commonality/common value between Muslims and Christians is the Being of Allah the Exalted. Just as a Muslim has the right to say Allah, so does a Christian and anyone else. I have given these examples because some Ahmadis ask me regarding this matter. The Holy Qur-â„¢an is replete with examples where Allah the Exalted has called Himself Allah of everyone. No individual, religion, no sect, no government and no court of law has the ownership of Allah. Allah the Exalted is not a trademark; He is Lord of all the worlds.

‚ Today only Ahmadis can tell the world about the teaching of true Islam and the Being and station of Allah the Exalted and the teaching of the Holy Qur-â„¢an. Non-Ahmadis have reduced Islam to a source of derision for the others. It is for the Ahmadis of Malaysia to wisely tell their countrymen about the teaching of Islam and ask them why are they bringing the beautiful teaching of Islam in disrepute by following the so-called Ulema (religious scholars). May Allah the Exalted remove their veils of ignorance.

I have mentioned Indonesia and Malaysia. Ahmadis of Singapore may be wondering that I have come to their country but am mentioning others! First of you Ahmadis should remember that believers are like a body. If one suffers pain the other also feels the pain. This is why the pain of Ahmadis living in countries where persecution is taking place should be felt by every Ahmadi around the world. I also say to the Ahmadis of Singapore that the situation is good here. The Government here does not allow opposition of religion and gives freedom to state the positive points of one-â„¢s religion. Thus Ahmadis should extend their Tabligh work with judiciousness and take the message of Islam, that is true Islam to all strata of society.

‚ The Ahmadis sitting before me here, whether they are from Singapore or elsewhere, no matter where they hail from, should remember that whether the situation is good or bad, we have to show the real countenance of Islam to the world and have to make evident the beautiful aspects of the life and blessed character of the Holy Prophet (peace and blessings of Allah be on him). Take any aspect of his life and blessed character, Allah the Exalted states that it is a blessed model for true Muslims. He is a perfect exemplar for us in domestic matters, societal matters, matters dealing with outsiders and matters pertaining to dealing with other nations and countries. When presenting his life and blessed character before the others, we also have to put [his ways] in practice and attract the others with our practices. When presenting the true facet of -Ëœmercy for all the worlds-â„¢ to the world, we ourselves have to demonstrate a model of love and brotherhood. When presenting the true teaching of the Holy Qur-â„¢an to the world we have to tell the world that in order to understand the teaching of the Holy Qur-â„¢an in this age Allah the Exalted has sent one appointed by Him who was the true and ardent devotee of the Holy Prophet (peace and blessings of Allah be on him) and unless one is connected to him, one cannot truly understand the teaching. If they do not connect to the Imam of the age, they will only pass edicts of Kufr (unbelief) on each other and rather than draw the others closer they will make them distant.

‚ Every Ahmadi should be grateful for the grace of Allah the Exalted that He has enabled us to accept the Promised Messiah and Mahdi (on whom be peace) in accordance with the prophecy of the Holy Prophet (peace and blessings of Allah be on him). How can we be thankful? For this thankfulness we have to try and adapt our wishes according to the teaching of Islam, sacrifice our emotions and work hard to understand the true teaching. There is a great need to pay attention to this.

‚ There is much to say but time does not allow me to unfold matters. With the grace of Allah the Exalted in spite of [huge] distances He has linked the connection of the Jama-â„¢at with Khilafat through MTA. For this you should make a point to listen to my sermons and various programmes. In my assessment even some office-holders do not listen to the Friday sermon regularly. I try to give Friday sermons in line with the need of the time, therefore you should definitely connect yourself to them so that the cohesion of the teaching of Ahmadiyyat can be recognised by the world.

‚ In the end I will present a few extracts of the Promised Messiah (on whom be peace) which tell us of the standard which he expected of us. He said:

-ËœIt is important to continue scrutinising the declaration that is given: -ËœI will give preference to faith over worldly matters-â„¢ and then present a fine example of it in your practical life.-â„¢

-ËœGod-â„¢s succour comes to those alone who always step up in piety and do not stay stagnant. It is these whose ending is good.-â„¢

-ËœAllah the Exalted has taught the prayer in the Holy Qur-â„¢an: -Ëœ-¦make my seed righteous for me-¦-â„¢ (46:16), that is, also reform my wife and children. While praying for one-â„¢s condition to go through pure changes, one should also pray for one-â„¢s children and wife because often man faces problems arising due to wife and children.-â„¢

-ËœIt is needed that your practices should bear witness to you being an Ahmadi.-â„¢

-ËœOur Jama-â„¢at should remember very well not to forget Allah the Exalted under any circumstances. Help should be sought from Him at all times. Man is nothing without Him.-â„¢

‚ We all need to self-reflect as to what extent have we inculcated pure changes and up to what extent are we trying to connect our children to the Jama-â„¢at and up what extent are we trying to practice the teaching of the Holy Qur-â„¢an; our practice [of the Holy Qur-â„¢an] should be such that seeing us even the others call out that we are better Muslims than them! Are our models such that opponents of Islam will be inclined to Islam after seeing us? If we are attaining such standards then InshaAllah while they will gain us nearness to Allah the Exalted, they will also increase us in numbers and opposition of the Jama-â„¢at will one day be blown away in the wind. May Allah the Exalted enhance all of you and me in faith and may He keep all of you in His protection every minute and demolish the schemes of the enemy-

‚ The English Translation of the Sermon -” the video link of which is:-

 

http://www.youtube.com/watch?v=XWr8VbO4pHQ&feature=youtu.be

C V Wigneswaran is ONLY a Chief Minister and NOT President of Sri Lanka

September 30th, 2013

Shenali D Waduge

‚ C V Wigneswaran and the TNA need to realize some hard facts. Firstly, C V Wigneswaran is just ONE of 9 Chief Ministers elected to office for a term. He should not think or behave as if‚ he has been elected as the country-â„¢s President. The TNA itself known publicly as the proxy of the LTTE is also just one political party of many in Sri Lanka. The President should not fall for the ruses been thrown on some bogey olive branch being offered for the country-â„¢s President to go to Jaffna and hand over the letter of appointment to just one of the country-â„¢s 9 Chief Ministers when the customary practice is for the Governor to hand over the appointment letters.

The 2nd Northern Provincial Council election was held after a period of over 2 decades. The 1st Northern Province (under a merged North-East) was annulled when its first Chief Minister declared a unilateral declaration of independence in 1990.

Our doubts that the people of the Northern people would have given more than the 82,838 that voted for the ruling party reconfirmed what many had been saying that the Tamil people are ungrateful and will always be ungrateful even if it meant saving their lives, developing the north giving them the freedom that they never enjoyed under the LTTE because they are programmed to always vote for a Tamil (even the low castes would end up voting for a high caste because the Tamils were never ones to challenge or change the status quo). With this realism being brought home what can be said is that the results have only shown the Tamil voters for who they are and has not diminished the efforts by the armed forces who toil day and night to build homes for Tamils who had never been living in a brick home but in huts throughout their stay under LTTE defacto rule and the Government who has been spending on developing the North at the cost of the South in an all-out effort to please foreign nosy parkers breathing fire down the Government-â„¢s throat. The Government must realize that doing things to please nations and foreign leaders functioning to an agenda is of little use to the country especially to the taxpayers footing the bills.

The TNA who fielded Wigneswaran as its Chief Ministerial candidate and submitted its controversial manifesto at the last minute needs to also realize that under the 13th amendment to the Constitution which introduced the provincial council system, it is the Governor appointed by the President of Sri Lanka and not the Chief Minister who has executive power in a province on behalf of the President.

The TNA for its part needs to also note that it should not think that the people voted for the contents of its manifesto. How many read a party-â„¢s manifesto and decides to vote based on its contents anyway? Therefore, the TNA need not presume that the votes received were the people-â„¢s concurrence for its self-determination drive. The Tamil people voted for the TNA simply because the part was Tamil. Only 82,838 Tamil voters had been thinking outside the Tamil-Only mentality.

However, the TNA and its Chief Minister issuing some high-handed statements pre and post-election seem to think that its victory was equated to that of a Presidential election. Unfortunately, both TNA and Wigneswaran need to wake up from day dreaming.

Thus, executive powers of a Province are exercised not by the Chief Minister but by the Governor. It is the Provincial Governor who controls the provincial public service and not the Chief Minister. It is the Governor who shall provide for and determine all matters relating to the terms and conditions of employment of officers of the provincial public service. The Governor is also empowered to alter, vary or rescind any order of the Provincial Public Commission.

It is the Governor who appoints the Chief Minister so who does Wigneswaran think he is to request the President of Sri Lanka to come to Jaffna and hand over the appointment letter and why should for just one Chief Minister, the President degrade the role of his own Governor?

The TNA and Wigneswaran needs to wake up to the fact that the Chief Minister and Board of Ministers are simply there to -Ëœaid and advice-â„¢ the Provincial Governor and what Wigneswaran and the TNA needs to take note of is that the Governor is NOT bound to act on the advice of the Chief Minister. Therefore, these realities need to be accepted before they presume they can function differently to what is legally sanctioned and then create issues for themselves and the entire province. What TNA and Wigneswaran need to realize is that the decision of the Governor shall be final and the -Ëœvalidity of anything done by the Governor shall not be called in question in any court-â„¢. Moreover, no moneys can be withdrawn from the provincial fund except with the sanction of the Governor and a Provincial Council may not pass any statute imposing, abolishing or altering provincial taxes, or authorizing the receipt of money without the recommendation of the Governor.

Given that the TNA and its Chief Minister had been making a fuss over land and police it is best that both come to terms with the fact that police and public order in a province is effectively retained in the hands of the President and the land too lies with the state and not the province. “All police officers will be appointed by the Inspector General of Police who is directly under the control of the President.” (Sri Lanka Sun: 30th October 1987) -¦-¦-¦while “State land in the provinces will be vested in the President and will not be given over to the Provincial Councils. The principle of central rule will not be affected in the distribution of land. Under the Land policy as envisaged in the Amendment, no state land will be vested in a Provincial Council – in other words no giving away of state land to the provinces…” (Sri Lanka Sun: 30th October 1987 -” H W. Jayawardena)

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What the TNA and Wigneswaran needs to also wake up to is the fact that national policy comes under the explicit purview of the State parliament and not the province. Thus law making powers of the provincial councils do not include national policy. Thus the provincial councils are not beyond the executive powers of the President and the Provincial Councils shall not make any statutes on any matter affecting national policy while the finances of the province is also under the control of the Governor in concurrence with the State Government.

We can empathize with the TNA having had to stomach their class / caste pride for a great length of time under the LTTE for fear and patiently wait until they were able to reach this juncture of finally winning an election in what they feel is their domain.
Nevertheless, it is no better a time for the TNA not to have too high a hope that winning a provincial council election and securing its candidate was voted as the chief minister is nothing to be overtly jumping for joy -” the reality is that the Chief Minister is nowhere near the executive control that the Governor yields on behalf of the President. It is good that both TNA and Wigneswaran realizes these shortcomings before they start dreaming too much ending up disappointing themselves and then creating conflicts because they thought beyond their boots.

Therefore, without thinking beyond their noses the TNA and its Chief Minister should look at stopping Tamil people from raping their children, Tamil people getting drunk and abusing their wives, Tamil fishermen being robbed of their livelihood by South Indian fishermen and to uplift the lives of the Tamil people while also ensuring the Sinhalese and Muslims who were driven out of their homes by the LTTE are also welcomed just as Tamils who live in the South are treated. We hope too that the ancient historical sites most of which are Buddhist heritage sites and monuments and other artefacts remain preserved and protected and various underhand initiatives are not taken to distort history as was seen happening during LTTE rule helped by supposed Tamil academics too. There is certainly much that the TNA and its Chief Minister can do and a good way to start is to stop creating situations because it is the only way they know to cover their shortcomings. The TNA will find that there is a big difference in bellowing from the opposition ranks and being handed the leadership mantle within the limitations that first require them to pledge allegiance to the unitary state of Sri Lanka and to ensure separatism does not become a hallmark of their election victory -“because that was not what they were voted in to do.

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Cataclysmic Reconciliation Advisor Pushes Police Powers to TNA through -ËœCommunity Policing-â„¢

September 30th, 2013

Dilrook Kannangara

At long last the President has correctly identified Dayan Jayatillake as a NGO operative and a separatist in sheepish attire. It took him four (4) years to unravel the mess left by Dayan in Geneva trapping the nation into the 13A death trap. Although setting a thief to catch a thief is a tried and tested analogy to craftily getting things done, in this case it went wrong. Dayan, a well-known separatist, engineered the collapse of Sri Lanka-â„¢s case in Geneva. It was this collapse in 2009 that came to a head recently when the UNHRC head visited the island. However, Dayan is not alone in fooling the President and the nation in advancing the hidden agenda of Indian hegemony. His faithful companion and admirer is still the reconciliation advisor to the President. He has failed the nation in politics, elections, peace process with the LTTE and now in reconciliation.

‚ Bankrupt Political Party to Reconciliation Disaster

His political party of which he is still the leader is nothing but a name board for its miserable lifespan since the introduction of 13A. Thanks to the backdoor to Parliament introduced in the 1978 Constitution, he made it to the den.

Repeated election defeats of the UPFA in Tamil majority areas in the north and the east since the war victory is attributable to the absurdities of the President-â„¢s reconciliation advisor. Apart from the knowledge of English, he knows nothing of reconciliation, politics or international law. He has been repeatedly rejected by voters until he was awarded a national list slot in parliament.

His disastrous plans pushed Tamils further away from the Centre and disrupted the resettlement of Muslims and Sinhalese in the north evicted by Tamils. Further, he remains the conduit between pro-separatist elements in the ruling parliamentary coalition and the Tamil Eelam camp. They all work to an agenda inimical to national interests.

At least after the 2012 Eastern Provincial council election disaster where TNA grabbed almost all the votes of Tamils in the East, the President should have replaced this incompetent person. Not doing so resulted in an even worse disastrous election defeat in the North.

Now he is pushing for another absurdity which he calls -Ëœcommunity policing-â„¢. This is nothing but an attempt to peacefully and meekly award TNA with police powers. There is nothing called -Ëœcommunity policing-â„¢ in this country. The well-trained police force which also includes the Special Task Force, the TID and other branches, was always centrally managed except for the few instances in the late 1980s when underworld groups were provided with immunity to carry out gestapo style policing operations against unarmed political opponents.

As a unitary state, there is absolutely no need to share police powers with provincial councils.

‚ Election Results Show Tamils Accepting and Submissive to Unitary Status of Sri Lanka

Northern Provincial Council election was a resounding success from the point of view of democratization, normalization and submitting Tamils to the unitary status of Sri Lanka. Despite TNA-â„¢s ludicrous claims, the truth that emanates from the election is that Tamils have been forced to give up temporarily on demands and ideals they once held in high esteem. After the war Tamils have gone back on the avowed demand to have either Tamil Eelam or nothing. LTTE outright rejected Provincial Councils. All major Tamil parties rejected Provincial Councils until 2012. EPRLF that was appointed to the northern provincial council in 1988 was considered a treacherous group from compromising on the Tamil Eelam ideal. EPRLF leaders had to run away to Indian to save their skin. What the NGOs praising TNA fail to admit is the collapse of Tamil power forcing them to settle for much less than what they fought for. In such a position, there is no need to share police or land powers. Even the matters shares with the councils must be done via the Governor.

TNA cabal dreams about a federal solution, devolution of power, autonomy and self-rule against this backdrop of unitary Sri Lanka. In doing so, they go against the very system and mechanism that made them somebodies.

‚ Nothing Relating to Devolution Contained in 13A

As pointed out by an observer, the word -Ëœdevolution-â„¢ is not enshrined anywhere in the Sri Lankan Constitution. It is therefore unconstitutional to introduce the word -Ëœdevolution-â„¢ where it was not intended to. Plain English verbatim meaning must be used in statutory interpretation. The deliberate leaving out of the word -Ëœdevolution-â„¢ is a clear indication the lawmakers never intended to devolve power to the provinces.

Absence of devolution in the Constitution coupled with the unitary status of the nation (provided in the Constitution), set the scene very clear. The spirit of the 13A was not to devolve power but to share very limited power with Governors, ministers and councilors of provinces strictly subject to the mechanisms governing a unitary state. If TNA is unsatisfied with 13A, the course of action must be to repeal 13A, not to give more. Slowly but surely TNA will come to this realisation.

On the trail of al-Shabab-â„¢s Kenyan recruitment ‘pipeline’

September 30th, 2013

The armed siege at the Westgate shopping mall in Nairobi has focused attention on the al-Qaeda affiliate, al-Shabab.

Sixty-seven people were killed after al-Shabab militants stormed the centre on 21 September.

The BBC’s Panorama programme had been investigating the recruitment pipeline of young Muslims through Kenya to join the Islamist group based in Somalia.

The programme met up with Makaburi – whose real name is Abubaker Shariff Ahmed – who was placed on a UN Security Council list which banned him from travel outside Kenya.

Peter Taylor reports from Kenya.

Panorama: Terror in Nairobi, BBC One, Monday 30 September at 20:30 BST and then available in the UK on the BBC iPlayer.

On the trail of al-Shabab’s recruitment network

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THE GREAT LAND ROBBERY

September 29th, 2013

‚ By GOMIN DAYASRI

A determined naval rating butted Rajiv Gandhi with his rifle, before the Indian PM thumbed the Indo Sri Lanka Agreement amidst fanfare and gunshot. Some watching the incident on TV vouched J.R.Jayewardane (JR) was fleetingly amused before he did a rapid volte- face for diplomatic niceties -” naturally, after being coerced and compelled by the Indians more than cajoled and charmed. Smiled mystifyingly as Mona Lisa? Deservingly, JR can laugh last than smile awhile, after the Supreme Court delivered a historic judgment in the case of Superintendent, Stafford Estate vs. Rasu (SC Appeal 21/2013).

‚ They said Indo-Sri Lanka Agreement shifted Land from the Centre to the Periphery, duly legalized by the 13th Amendment. Silly stupid me -” prepared to take a whack in belonging to a disorientated school. Nationalists screamed it was a perfidious act. ‚ On the surface it appeared to be so:‚  UNP Government succumbed to the same delusion and did not demur. Their officialdom spoke affirmatively of such devolution: JR was rapped alone as the traitorous fall guy.

‚ Wavering Tamil political parties swept under the carpet by the LTTE, objected to it with a grimace and accepted it with a smile. TNA changed gear with the onset of peace to boot the accelerator to rev the thirteenth and make a stake for land.

‚ The faulty notion persisted due to our national failing of accepting any nonsense without an exhausting exhumation. Serves right for our stupidity -” for comprehensively misreading the 13th amendment on Land. None realized, JR on Land- had laid a dainty dish to set before the House. Supreme Court fluffed it -” pardon them, probably, counsel misled the -Ëœnot-so-learned-â„¢ among the wigged!

‚  Did the Old Fox out- fox the Indians with a sleight wrist in delivering a wily doosra? It stumped him too, not being able to read his own spin. Shock! Why did he not understand his mutinous act, as Land, was secured safely in the presidential paws? ‚ Did he not know of it-¦if so, did he do it unknowingly and unintentionally?‚  Belongs to a school that believes, JR did without knowing or intending: assented to it meekly. Blindly accepted what was asked of him. Bless him, it reads otherwise.

‚ Clever and crafty JR possessed no legal expertise to crack a Da Vinci Code. Or was there more to read in that bewildering bewitching smile of his? Ask me, Sri Lanka is a thrice-blessed sacred land overloaded with gods and a population that abides principally by their varied notions of spirited worship. Probably that benediction brought fortune to a hollowed nation. ‚ 

‚ In a hasty ill-judged ruling [John Keels case] Chief Justice Sarath Silva misconstrued the interpretation of the term Land in the 13th Amendment and led the Supreme Court to slot it incorrectly in the provincial list.

‚ Don-â„¢t forget the illustrious judgment of Sarath Silva [a keen legal mind] on de-merger, made under great pressure. As a counsel in that case the proper timing was of the essence. Not in this case, any time was teatime: Sri Lankans, as usual, has to be taken to the wall for a pasting to lay a flutter to become a winner.

‚ Shirani Bandaranaike CJ, made a determination in the Land Ownership Bill initiated by a few Provincial Chief Ministers of this government presented by some SLFP leaning lawyers enabled the Chief Ministers to take control of the lands in their provinces [President take note, they are all your lads!]. It was the Supreme Court that placed the country in a pickle on the issue of Land.

‚  A more enlightened Bench of Justices Mark Fernando, A.R.B. Amerasinghe‚  [two truly great legal brains] and S.W.B Wadugodapitiya in the Agrarian Services Bill came within sniffing distance of decoding the latent cryptography in the script of the 13th amendment, but instead skirted around and decided to save it for another day. That sunny day never came and the ignorant despondency persisted.

‚  The prevailing disorder is indefensible since the Constitution is crystal clear if properly analyzed: which was not. Instead a Great Land Robbery was enacted and providentially averted before hour zero. ‚ Still, there will be surface -riders with red and green eyes to forward their zany agendas over -Ëœthis Land [that] belongs to all of us to live in harmony-â„¢. The judgment makes Land inclusively for all the people of this country and not exclusively for the Province in the hold of nine Chief Ministers.

‚ Problems with the 13th amendment have not vanished. Just one dodgy doorway is closed. Merger went down under before but remains unlocked and retains an ugly complexion in black and white in the constitution. It needs a white wash.

‚ JR -wherever you are, in hell or heaven or in some intermediate zone, it matters less whether you did it un-knowingly or un-intentionally, but offer you a bountiful bouquet from an unrelenting critic for having scripted flawlessly in the constitution the appendix on Land read with the disconcerting Lists that makes, Land remain forever with the Center: as it always did and should.

‚ Irrespective of the generous compliments paid for a deserving service, shall not toll a bell more for man who denied a general election and extended his 5/6th majority with a faulty referendum for his comfort. Sure, it-â„¢s like sending a wreath and then offering a perfumed rose.

‚ Being at times crafty, wondered whether JR carried a secret he knew of, to his grave without revealing it – afraid he maybe called a cheat by the gory Indians-¦. doubt it, because he was a fox that lived in open air in search of glory.

‚  Who is the enigmatic scriptwriter? Leave it to the next generation -” bound to have many usurpers to surface fast to extract credit. Stake a wager, he lives superannuated or dead in the land of Rama. Bless him, India will care less, since it is a lawful pronouncement, otherwise they will have to wear/share the bunglers hat.

‚  On this judgment UNP can sit pretty and crow over but knowing there past performance on the field might again spill another dolly catch. Loitering around to pick any dropped ball will be Mahinda Rajapakse -” sure will know to slice the Indians by showing respect for a judicial prouncement. Say no more, Chief! ‚ 

‚ Let me take you into confidence. It was all there -” the bit and pieces of the jigsaw. A simple artisan was needed to pick piece by piece: lay out a design to unfold an unseen picture. The puzzle needed a few basics to set to perfection. The instructions on how-to-do-it were laid out concisely in a manual called the Constitution. The skills required were in the analysis and interpretation. That sure needed the right thinking and the proper presentation.

‚ Without H.L. de Silva there was no other to run over the cryptic picture as it began to unfold. ‚ He is no more and no other in the legal circles- comes into the frame- with a mind worth an asking and the required driving skills to take on a test run on the constitution.

‚ Would never have traversed space thought lost unless One Man inspired me to revisit the chapter on Land. To cut this story short, shall gratefully, unravel that deserving name on another day. Indeed on that persuasion to take a re-look at the 13th made a reluctant return that helped to unearth the covert icons within a scrambled constitutional maze- that amazed me!‚ 

‚ Compose the music and wave the baton – a conductor still needs a symphony to perform and audience to hear. Sri Lanka was indeed fortunate in having a skilled impartial bench of judges who rose to the occasion. Such are sparse.‚  ‚ 

If Islamic radicalism is West engineered -” why does Islam call to conquer the world?

September 29th, 2013

Shenali D Waduge

There are 2 factors that just do not add up. If we accept the Muslim version that Islam is a -Ëœpeaceful religion-â„¢ and explore the possibility that the present radical Islam enveloping world geopolitics has been engineered by the West, our next question is why would the West also allow these same groups to use their home turf to make claims to dominate the world and Islamize their own nations/natives leading to a visible imbalance in population demographics! This next leads us to wonder how in control of -ËœRadical Islam-â„¢ the West actually is or whether the problem has now gone beyond its control. If so, are the present day conflicts manufactured to ensure Muslims end up killing Muslims in a contemporary response to how Christians justified the mass murder of Jews on the grounds that Jews were out to rule the world. Yet, Islam-â„¢s response has been to use funds to ensure political correctness is on their side on non-Muslim turf. More importantly if radical Islamists make up just 1% of the world Muslims why are the rest of the 99% Muslims claiming the rest of the world is intolerant of Islam yet hesitant to denounce and refuse to be manipulated by the 1%? If Muslims are not to blame for the conflicts why do Muslims remain silent on the 2nd scenario of Muslims ruling the world for historically the spread of Islam and conquest of nations has been through forced conversion or coercion and it is only the methodology that has changed in present times? What have 1,289,700,000 Muslims done to stop this 10.3million radical Muslims or even to stop the seemingly visible world -Ëœconquest-â„¢ by Muslims?

Is Islamic Radicalism to be feared?

Whether it is West engineered or not, the wave of radicalism is affecting not only West but countries with civilizational histories which do not wish to change their cultural ethos simply to satisfy the neo-liberal concept of multiculturalism based on political correctness. Yet, Muslims have found it easy to project themselves as -Ëœvictim-â„¢ and use that as a ground to claim demands for Muslims and Islam thereby taking over the space of indigenous natives and those who have objected have been branded -Ëœintolerant-â„¢ or -Ëœracist-â„¢.

Thus, if 1% of the 1.3billion (1,300,000,000) Muslims worldwide are radicals who support Islamic domination of the world what does the 99% Muslims think and why are they quiet.

1% of 1.3billion Muslims worldwide mean 10.3million Muslims want Islam to dominate the world. This is no small number if 10.3million Muslims are holding this view. It is from this 10.3million that the -ËœIslamic Terrorists-â„¢ emerge (whether they are puppets of the West or not).

The West has to admit that they have funded, armed and trained radical Islamic groups to counterbalance rise in nationalist movements and advance their own goals in the resource rich Middle East region.

Al Qaeda is the creature created by the CIA making a mockery of the -ËœWar on Terror-â„¢ when Pentagon hosted radical cleric Anwar al Awlaki for tea after 9/11 -” today this mockery has enabled the West to invade nations and keep their own natives gagged and under surveillance while they have a carte blanche to plunder the world, control all central banking systems, use Human rights to strangulate nations and suppress all dissent. Its time people started to accept that the West creates radical Islam to curtail secular nationalism -” even in the Middle East.

Al Qaeda is and was never the enemy of the West. Al Qaeda is Arabic means -” BASE. This is exactly what US, UK and Israel together with their henchmen the Saudi-â„¢s wants to create -” BASES for their agendas. They have found the perfect tool in the Quran to recruit their -Ëœmonsters-â„¢.

Some supposed to be -Ëœfacts-â„¢ are just not true. What if Israel launched Hamas movement in the 1970s to contend the PLO (so says Tony Cordesman) and what if some of these monsters who are supposed to be the enemy were created by themselves -” you create what you can destroy, but sometimes the monster ends up killing the creators. Rajiv Gandhi was victim of his mother-â„¢s creation -” LTTE. So who is worse -” the creators or the created?

Fatal Attraction : West and Islamic Fundamentalists

Tragically the Muslim world may like to remind themselves that Iran-â„¢s Islamic fundamentalist Abol-Ghasem Kashani collaborated with CIA and MI6 to overthrow Iran-â„¢s democratically elected PM Mossadegh in 1953. Mossadegh was overthrown for one simple reason -” he nationalized oil which the Anglo Iranian Oil Company (now British Petroleum) controlled, introduced land reform and female enfranchisement which the Shah reimposed in 1961 under pressure from President Kennedy.‚  Iranian Mullahs helped US install the Shah and then turned against him. The same can be said to have been the fate of the Bhuttos in Pakistan.

The Afghan Mujahideen were also US funded against the Soviet Union in Afghanistan.‚  These same monsters became America-â„¢s pawns to be let loose on enemy turf and ensure US taxpayers contributed to the war coffer while the brainchild-â„¢s walked away with billions in contracts.

To this long list of US covert action even overthrowing government and eliminating elected leaders include the murder of Congo-â„¢s Lumumba, Allende, placing people like Ngo Diem in power and then assassinating him -” the same which happened to Gen. Zia. But who would think that the US would give money to organizations like Jamal-e-Islami? But this organization aligns to a maxim that says only Allah-â„¢s rule is allowed on the people and the world and all other laws are wrong -” if so isn-â„¢t taking money from US haram?

Muslims must agree that in claiming their religion to be one of -Ëœpeace-â„¢ and what Muslims in practice end up doing would make any to wonder what they mean by -Ëœpeace-â„¢. The placards held by Muslims in every part of the world cannot accuse non-Muslims of being apprehensive : -ËœIslam will dominate the world-â„¢, -Ëœinfidels will die-â„¢, -Ëœwe will rule the world-â„¢, -Ëœshariah law is THE law-â„¢-¦. And they belong to the 10.3million or 1% of the radicals and had been carrying out close to 15,000 terror attacks worldwide since 9/11.

Then if Islam is all about Allah, Prophet Mohammad and the Koran and being a -Ëœpeaceful-â„¢ religion why is it that the different sects of Muslims are killing each other so much so that in some areas even burial of Muslims are prohibited. There are different sects in Buddhism but not one has shed blood against the other and not one have gone against the other because the principles and fundamentals are one and the same. So who is leading or has led the Muslims astray -” surely the West is not to blame for this too!

Is the Muslim Mission West engineered or do Muslims plan to dominate the world?

When Muslims say non-Muslims are intolerant by their behaviour towards Muslims how can they argue when in the Koran Muslims are told how to interact with Jews and Christians and all others.

-Ëœ”O you who believe! do not take the Jews and the Christians for friends; they are friends of each other; and whoever amongst you takes them for a friend, then surely he is one of them; surely Allah does not guide the unjust people.” (Sura 5, verse 51).-â„¢ The easiest response to this is to claim that this verse is taken out of context.

The Koran also tells how to live with non-Muslims -Ëœ”And KILL them (the unbelievers) wherever you find them, and drive them out from whence they drove you out, and persecution is severer than slaughter, and do not fight with them at the Sacred Mosque until they fight with you in it, but if they do fight you, then slay them; such is the recompense of the unbelievers.” (Sura 2, verse 191).

Even if the West is part guilty of sponsoring radical Islamic groups, what can Muslims say to calling upon Muslims to produce more children in order to increase Muslim population? Is it not this threat that has woken by the ordinary people in the West about the future possibility of their nation turning into a Muslim majority nation? Gaddafi made public this objective by saying that -Ëœwithout swords, without guns, without conquests 50million Muslims in Europe could take over Europe-â„¢. It is when Muslims increase that there is a noticeable demand to change the cultural make up of the country they came to live in as guests.

If Muslims say they wish to live in peaceful co-existence with the rest of the communities there are reasons why non-Muslims find this difficult to accept or believe. Al-Sabiqun in the US speaking for Muslims in US and Europe says their Charter aspires to -Ëœshape the ideas, beliefs, and moral viewpoints of the people into an Islamic mold. Toward this end we will, insha’Allah, develop the comprehensive educational system that is necessary to inform, inspire, and direct the society toward Islamic revolution (or evolution).” How would this tally with peaceful co-existence because there are 10,300,000 radical Muslims attempting to do otherwise and what has 1,289,700,000 Muslims done to stop this 10.3million? Not all Germans were Nazis, all Germans did not want to kill Jews -” but the small Nazi numbers became the voice of Germany because the majority of Germans did not speak up against the small number. The Tamils did the same with the LTTE, but the Sinhalese did the opposite and thus the JVP was crushed. The lesson is that until and unless the anti-Jihadi Muslims take a stand themselves against these radical elements they will themselves be regarded as same by commission or omission. This is exactly what happened to the Tamils-TNA-LTTE. If people watching a crime being committed do nothing to stop it they are referred to as -Ëœaccomplices-â„¢ even though they did not actively take part in the crime. So again we need to ask even if radical Islam is part engineered how valid is it to say that Muslims may be using this -Ëœvictim-â„¢ slogan to fast forward the Muslim plan to dominate the world through population and then the insistence of Shariah laws and laws and rights relevant to ONLY Muslims-¦ and the placards by 10.3million Muslims read -ËœBehead those who insult Islam-â„¢ -Ëœbe prepared for the real holocaust-â„¢ but we do not see placards by 1,289,700,000 Muslims so say -Ëœwe do not want Shariah-â„¢ -Ëœwe want to live with the other communities-â„¢ -Ëœwe do not want to dominate the world-â„¢?

The silence of Muslims against the 10.3m does not equate to mean that they are on the side of non-Muslims and those Muslims who are not practicing Islam are not following any enlightened form of Islam either for there is no such thing as Western or Eastern or Asian Islam.

The Hindu civilization religions has not categorized people. Muslims divide the world into Dar al-Islam (where Muslims rule) and Dal al-Harb (field of war where infidels live until they adopt the Muslim faith and submit to Muslim rule).

History has given us numerous instances of how non-Muslims had to -Ëœsubmit-â„¢ -” in 630AD, Mohammed conquered Mecca, conquests continued throughout Constantinople, Rome, Syria, Egypt, Palestine, North Africa, Spain, Portugal, Southern Italy and even overthrew the Zoroastrian empire of Persia, Central Asia and Hindu India -” these lands that Muslims conquered and now claim as their own were homes of advanced and ancient civilizations and if former colonies are demanding compensation and apology the Muslims must also apologize for their conquests of ancient kingdoms. While some countries were able to take back their countries like Spain, other nations like Turkey, Indonesia, Nigeria, Sudan, Ethiopia, Lebanon had all been converted. The competition to convert between the Abrahamic religions of Christianity and Islam continues unabated with new forms of Evangelicals, Born Again, Assembly of God now joining in to raise the heat.

What we are obviously witnessing is a -Ëœcultural clash-â„¢ as Muslims increase in different nations. Once Muslims have increased their hold on the commercial, political, administrative and other key areas in a non-Muslim country and with petrodollars ever ready to be sent to all corners of the world to ensure they amass land, property, bribe politicians and public officials the Muslims have positioned themselves in a position to create cultural challenges which generally start with distorting history, claiming ancient sites, setting up mosques, madrassas, forcing Muslims to change attire into tribal wear and then pressing a few emotional buttons by loudspeaker usage at mosques and subtly attempting to claim the food chain by introducing halal labels arguing grounds of hygiene -” these are the incursions that have come to wake up indigenous races/ethnicities to wonder whether a repeat of historical conquests is taking place before their very eyes in a different format minus swords.

Samuel Hungtington in his -ËœClash of Civilizations-â„¢ speaks of this cultural struggle. Both Christians and Islam believe ONLY their path is the path to salvation and only THEIR RELIGION is RIGHT. There is little point quoting any texts from the Koran or religious clerics as the immediate response by one or all of the 1,289,700,000 Muslims is to say that the cleric being quoted is -Ëœradical-â„¢ or he does not speak on behalf‚  of the Muslims or the Koran but there is no one who comes out to say exactly what Muslims really want or what the Koran exactly says.

Muslims cannot deny that in accepting Saudi funds to put up mosques, Saudi doctrine schools, universities, madrassas and dress in Saudi tribal attire which did not exist in non-Muslim societies previously, Muslims are accepting not Islam but the Saudi form of Islam and today 80% of mosques come under Saudi Wahhabi control. So when 80% are under Wahhabi influence Muslims attending these mosques are injected with weekly prayers that say to despise non-Muslims. It is ONLY the Muslims who attend non-Muslims schools and move amongst non-Muslims who are able to balance their life and thinking yet unable to make other Muslims realize that non-Muslims should not be treated as -Ëœinfidels-â„¢.

So what we have before us is a dual catastrophe. Not only has the West released -Ëœmonsters-â„¢ around the world thinking that they can use their weapons to neutralize situations going out of control, overlapping with this has been a patiently hidden plan to dominate the world something which all Muslims may be aware of but do not wish to acknowledge out loud and when that plan is vocalized by non-Muslims the easy defence has been to refer to the non-Muslims as -Ëœextremists-â„¢ -Ëœracists-â„¢, -Ëœintolerant-â„¢ and the like. Yet, slowly the Muslims attempt to creep into strategic positions at every level in non-Muslim nations to get a good stronghold and patiently wait to deliver the last blows.

Thus, patience has enabled Muslims and Islam to become the 2nd largest religion in America and Europe and even Australia. In France it is believed that 50,000 Christians converted to Islam in just one year and in Britain more people attend mosques than the Church and it is only petrodollars that make politicians to come out with statements that say -Ëœbe tolerant of Islam-â„¢ because there are repercussions to saying that a new form of -ËœIslamic extremism-â„¢ is taking shape.

The flip side of 9/11 even though it was created as new evidence emerge, is that people have woken up to what is now loosely known as -ËœIslamization-â„¢ of non-Muslim nations. Had 9/11 not occurred the patient plan of domination, population manipulation would have taken place unnoticed. But now when any Muslim leader or cleric says -ËœIslam endeavors to expand-â„¢ -ËœIslam aims to one day rule the world and humanity-â„¢ and -ËœWorld will be one Muslim community-â„¢ -” people are now not ready to accept that these statements without an overall plan to which Muslims also agree whether such world domination is said in the Koran or not becomes immaterial.

People are now taking the visible ground realities of incursions, sudden demands, changes in behaviour and actions as the premise to decide on the true objective of Muslims and those claiming that there is no plan have not done much apart from only claiming that there is no such plan while the incursions continue unabated.

International Laws / Freedoms and Rights must be on equal footing

If we are to apply international laws and people have freedom and rights all nations must be affording these rights equally. Yet, when Saudi Arabia bans all non-Muslim places of worship, prohibits people from even carrying symbols of their faith while other Muslim majority nations by law curtails non-Muslim rights on what grounds can Muslims ask equality in non-Muslim nations using the very terminology that they know is prohibited for non-Muslims in Muslim nations? People who warn about Islamification are prosecuted with -Ëœhate speech-â„¢ legislature but calls for Islamization of non-Muslim countries in Muslim nations are glorified. In Muslim only schools the Muslim children are taught to treat non-Muslims as infidels but in non-Muslim schools children are taught to treat people equally -” there is certainly an imbalance. But, all the while Muslims are moving out of Muslim nations into non-Muslim nations and then trying to create a Muslim nation of that non-Muslim nation -” is this not odd! So again we ask how many Muslims are open about the desire for Islam to conquer the world because it is not a paranoia in viewing ground realities? How many Muslims feel inspired by the fact that to defend Islam is to go to paradise to be looked after by 72 beautiful virgins? Is there no place for females in paradise?

What needs to be said is that non-observant Muslims are not the problem but they have not been the solution to the problem either. An individual Muslim is personally peaceful because it is his choice and it has nothing to do with Islam and this is what all Muslims now need to decide -” being peaceful is one-â„¢s choice. But Muslims who help non-Muslims are considered as acting against Islam -” therefore a good Muslim according to us becomes a bad Muslim according to Islam. If anyone says Islam has spread only through some means of force can Muslims deny this in the light of historical and contemporary facts? Where is the live-and-let-live attitude by Muslims for non-Muslims? Even the jihadists say there is no -Ëœmoderate Islam-â„¢ or -Ëœmoderate Muslim-â„¢. By using these elements as tools for West-â„¢s own agenda the West and even Asian political leaders have sold out the entire non-Muslim world leaving the people now to respond to the incursions to their ancient civilizational heritage.

The West may be part responsible for Islamic radicalism but what about the more important question of Islam-â„¢s main objective of dominating the world and turning all non-Muslims into Islam?

‚ 

 

TNA has finally become a responsible political Party. Or has it ?

September 29th, 2013

By Charles.S.Perera

‚ Winning the PC elections in the North by itself is not the end of it.‚  The TNA has now got to sit down to work as responsible politicians planning their activities as a part of the Central Government of Sri Lanka, with it and not against it.

‚ Why did the Tamils in the North, almost 90 percent of the educated, professional, merchants, salesmen, skilled and unskilled workers, farmers, labourers,‚  men and women all voted to TNA a party that was -hatched- from the cocoon of terrorism ?‚ 

‚ In other words the Tamils in the North en block voted for the memory of -terrorism-. ‚ While Wigneshawaran the ex-judge got the highest preferential vote,‚  Ananthi Sasitharan former terrorist cadre got the next highest preferential vote.‚  The Tamils have their destinies with terrorism and Sri Lanka has to‚  keep that in mind and keep the Army Camps permanently stationed in the North as given the opportunity the Tamils in the north may‚  encourage terrorism once again. They may even willingly give their children as future suicide bombs.

It must be in their blood to -enjoy- suffering-sort of a sadist tendency.‚  Even Wigneshvaran an ex-judge who has his sons married to Sinhala women, educated and lived perhaps all his life in the South with the Sinhala, ‚ proved without any doubt that through out the thirty years of terrorism he had been a sympathiser of the terrorists.‚ 

‚ Can we therefore rule out that Navi Pillay the UNCHR is also in heart very much a sympathiser of the Sri Lanka Tamil terrorists and hero worships Prabhakaran the terrorist to whose memory she wanted to offer flowers at Nandikadal ?

‚ The hero worship of Prabhakaran did not come to ex-judge Wigneshvaran overnight, it is some thing that had been in his heart all the time. He had finally‚  felt safe and at home among the TNA -terrorist lovers- to ‚ openly declare that Prabhakaran ‚ was a freedom fighter and a hero of the Tamil people.

He even compared Prabhakaran to Keppeitipola Disawe who revolted against the British.

There are other stake holders Viswanathan Rudrakumaran -“already the‚  Prime Minister of‚  the Transnational Government of Tamil Eelam, Father S.J.Emmanuel of the Global Tamil Forum, and numerous others lining up to infiltrate into the North- for them the -terre Saint- of terrorism.‚ 

If the government does not keep an eye as to what is taking place in the North with TNA on the saddle, we may end up with a another 30 years of terrorism.‚  Tamils in the North seem to love it, and will invest for it to happen again.

‚ This attachment to suffering of the Tamil people in the North of Sri Lanka- as much as those Tamils elsewhere as witnessed by ex- Judge Wigneshwaran-â„¢s hero worship of the ruthless terrorist Prabhakaran, seems to be an inborn Tamil ‚ trait.

They pay penance to their Gods subjecting themselves to pain, such as being hung in carts, rolling on the ground, piercing the tongue, dragging carts tied onto hooks pierced into the skin of the devotee-â„¢s back, walk on fire and so on.

‚ Therefore, there is no wonder the Tamils of the North vote TNA the political party closely connected to terrorism.‚  For‚  three or four years there had been cultural exchanges where many Tamil people , old , the youth and school children were invited to the south and received by the Sinhala families.‚ 

Many opportunities were provided for the Tamils in the North to mix ‚ with the Sinhala people in the South.‚  But all those friendly contacts had not given any confidence or attachment to the Sinhala people. Their contact with the Sinhala had been superficial not going ‚ beyond their narrow Communal barriers.

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Coming to the vote winners the TNA, can they continue to stand by their Manifesto, which is a demand for a separate Eelam in the North ?

‚ It is ridiculous for them to be presumptive having got an unprecedented support from the voters, to demand a separate Eelam within a Unitary Sri Lanka.‚ 

Sri Lanka cannot have two different people within one unitary state, but a one people in the one unitary state.‚  Therefore, TNA has to decide to come down to earth and accept that the Tamils are ‚ a part of the same people‚  among‚  others in Sri Lanka.

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Viswanathan Rudra Kumaran, and Farther‚  S.J.Emmanuel cannot set foot in the North of Sri Lanka to make of it a separate Eelam.‚  North of Sri Lanka is very much a part of Sri Lanka despite all the votes the Tamil people in the North gave to TNA.

‚ TNA has also to‚  be alive to the fact that the PC of the North cannot dictate terms as to how the Military camps should be set up in the North, and has to very well get used to live with the Soldiers‚  of the Armed Forces.

TNA cannot ask any more for land powers as it has already been decided, and the government should go ahead with new settlements for the displaced Sinhala and Muslim people, and allow‚  new people from the South‚  to settle down in the North.

‚ It is very unfortunate we have the so called e-media, like the Lanka-e- news., writing really disastrously scandalous articles, an excerpt of which I quote:

‚ -Though the Medamulana chaurayas ( deceivers) were deeply in their toils blindfolding the southern modayas (foolish believers ) to conceal their monumental corruption activities and murderous violence , the representatives of the people of the north whose eyes are always open and sharp held a media briefing today. The people of the north had given them the power of a 4/5 th majority much more than the 2/3 majority needed to expel a governor of the province. -(lanka-e-news)

These immature statements‚  will not help‚  either in the reconciliation of the Communities or the administration of the Northern PC Council by the TNA Councillors.

‚ The TNA hawks will have to cool down and try to be acceptable, intelligent politicians‚  if they are to make any thing out of the Newly won PC elections in the North.‚ ‚  Otherwise, the government should step into stop the vain rhetoric‚  and declare the Northern election null and void and allow the Governor to run it as it had been before.

‚ Such drastic action has to be taken without fearing the reaction of the anti-Sri Lanka Western lobby. China could not have developed ‚ to what it is to-day, if it did not close the frontiers to the interfering West.

In the mean time it was reported that :

-Four Buddha statues in Murukkan, including two from the ancient temple of Murukkan, have been vandalized, the Mannar Police said.‚  Venerable Walpola Sarana Thera, Chief Incumbent of the Murukkan Temple said some persons, who arrived in the temple around 11 p.m. on Wednesday (25) damaged the statues.-

These are matters that should be taken up by the TNA PC Councillors who should send out a strong message against such vandalism in the North.‚  That is being responsible PC Councillors.‚ 

Sampanthan had stated that they are studying the Supreme Court judgement on land powers.‚  This means that they are beginning their PC Councillor role following a confrontational attitude, which‚  does not auger well for the future of the Northern PC Council.

The Northern P.C.Councillors have to sit down to work for the people of the Northern Province, without reacting ‚ to favourable and unfavourable issues and ask for remedial solutions from India and the rest of the world.‚ 

If they are taking their responsibilities seriously, they have to start working with the people and contact the Government in all matters and have a positive dialogue with the Government without acting as if the Government does not exist.

If they start a second round of visits to India, Tamil Nadu, Canada, UK and USA looking for advice as to how to‚  run the Norther PC detrimentally to the government with an eye for separation, the Government has to take its own corrective action to put things back in order.

NOT WITHDRAW ARMY FROM NORTH-President in interview with Al- Jazeera :

September 29th, 2013

Army needed for security :

Why demand probe only for last few days of the war :

President Mahinda Rajapaksa asked as to how he could withdraw the army from the North without acceding to the requests of other Provincial Councils too to do the same.

-Where can I have the Army?. Ask somebody else to give me a place to keep the Army-, he said in an interview with Al Jazeera.

-First they (TNA) said something like that, and they changed it. -Because they can-â„¢t ask the army to be withdrawn. Then if the other Provincial Councils also asked me to withdraw their army camps all over the country where can I have the army.-

-Ask somebody else to give me a place to keep the army-.

Responding to another question that there is no need for such an Army with no war anymore, the President said -Do you think so. No, for security we need the army. We decide on our security and strength and how many army personnel we need.

-Do you think that when the army is discontinued what will happen. We are after a war. In the Vietnam war what happened.-

-So we have to change their attitudes. We have to rehabilitate them also-.

The President also said the Government has released all the private lands and kept certain lands in areas where the airport and ports are located. It has taken over some lands.- We have given up all the other lands-

He was replying to a question quoting from Navi Pillay-â„¢s report that the military is stationing troops in civilian areas and talk about the acquisition of private lands for the military camps and installations including a holiday resort.

The President responding to another question by the interviewer said after 30 years of war she(Pillay) wants only the last few days. -Why? Why? I can-â„¢t understand that. We must look into the whole 30 years. What happened? Now if somebody asks what happened in Japan after the war are we going to

inquire into that? You have to be fair in this game. Because the treatment must be equal to all countries. With the last few days, we can tell you , we are very open and Al Jazeera went there. They were in front of the battle field. We allowed them to go there.

– See more at: http://www.dailynews.lk/local/no-withdrawing-army-north#sthash.EnRCfhxd.dpuf

THE REAL MEN WHO WERE RESPONSIBLE FOR THE SUBLIME TIMES OF AN INVINCIBLE UNP. WHY MUST THEY HAVE TO ROLL IN THEIR GRAVES?

September 29th, 2013

We give credits to a die-hard UNPer who sent us the above‚  currently‚  on the internet via You tube. We categorically wish to state‚  that it has not been obtained from the library of the MTV or Sirasa Networks

It had just been reported from UPFA (SLFP) HEADQUARTERS THAT ALL SENIOR MEMBERS HAVE GARLANDED AN EFFIGY OF RANIL WICKREMESINGHE, DICTATOR PAR EXCELLENCE OF THE UNITED NATIONAL PARTY. WHEN QUESTIONED ABOUT THIS ACT OF SHEER ADULATION, THEY IN ONE VOICE EXCLAIMED ‘WE HAVE BEEN ASSURED OF ETERNAL LIFE. WE WILL CONTINUE TO PAY HOMAGE TO OUR MOST ARDENT SUPPORTER’

Just prior and during the recently concluded‚  election campaign, Maestro was brimming with over confidence and exhorting the audience that on the day following he would win a landslide which would be the stepping stone to overthrowing the current Government . Unfortunately even the most convinced optimist would never have imagined THE FINAL RESULT that emerged
1952-PRIME-MINISTER-SENANAYAKE-CEYLON-377x600

In all of the 10 polling divisions of Jaffna the highest vote given by a polling division to the UNP has been 173 votes and 35 postal votes.

In Kilinochchi district too, the UNP has secured just 53 votes and postal votes account for just 1 vote.( This is the most disgraceful performance of any political party in the annals of Srl Lanka’s electoral history! )

In Mannar district, the UNP has 180 votes with just 7 postal votes.

In Vavuniya, UNP obtained 1,704 votes and 65 postal votes.

In Mullaitivu UNP secured 195 votes and just 2 postal votes‚ 

The complete percentage performance under this pathetic leader is as welcome as the news of the Titanic disaster to the hard-line traditionalists remaining as UNP activists. Some of The pathetic scoundrels amongst them are now trying to take refuge for their disgraceful defeat on the‚  discovery of some marked ballot papers, notwithstanding the Commissioner’s assurance that it wont affect the final result. The monitors have also in general given their verdict of a fair election. In any event there is an on-going inquiry but the Greens have prematurely jumped in so as to regain sympathy from the contempt that they have created in the minds of the public.

president pemadasa

In the Central and Wayamba areas the total polled was less than 30% whilst in the Northern‚  province despite cosing up to the TNA they were pathetically able to‚  ONLY to muster an unbelievable .o68%. How the mighty have fallen to the depths of desolation. Almost all his appointees have been chased out and their butts kicked. Poor Mrs Kohongage and the Chief organiser for Wayaba! should have followed Dayasiri?After all this, he has the audacity and affront to claim that he still has a large personal base amongst the masses and will continue regardless. Either we are all blind and idiotic or he is a suitable case for treatment. No prizes unfortunately will be awarded for discovering the truth.The Sinhala people are once again exposed to further divisions if the UNP does not get it’s act together soon.

From the days of its pristine glory under the late Hon D.S.Senanayake the contemporary UNP, under the sure-fire inefficiency of Ranil Wickremesinghe, has descended to the lowest depths of Electoral rejection by the masses for an incredible 23 occasions The UNP is on its way to enter the Guinness book of records for‚  the largest amount of consecutive defeatism. He first fired a salvo inviting rejection by his sheer act of treachery by unilaterally imposing a Ceasefire Agreement at the behest of his Western masters, on a bewildered and helpless Motherland. The only advantage that came out of this was the strengthening of the murderous LTTE.The consequences of this dastardly betrayal led to a large number of our Long Rangers and Intelligence personnel being killed‚  by the LTTE on information supplied by this national treachery We know of one such senior officer who had to flee to Thailand and thankfully‚  was able to circumvent this heinous act.Thank God that he was able to return our Motherland and play a major role in her defence today. He thought craftily to use former Gen Sarath Fonseka as he was personally vilified by the public as a traitor. Unfortunately for SF he was unable to see the plot and paid the high price by ending up going to prison. However SF may have sweet revenge in the near future as his party might replace the UNP in the opposition if RW still persists in staying put.‚  following the results from the recent elections.

ranjan-talk welfare

It was at this point that the masses turned against him rightly considering HIM‚  to be a traitor and sent the UNP in to the wilderness of the Sinharaja from which there is apparently no hope of a return. The second act of stupidity was when the UNP’s boffins came out with the sarcasm on the part of the so-called ‘intelligentsia’ of the party. Leading this group of misfits was Ravi Karunanayake( destroyer of Sathosa) who had difficulty in differentiating between the Army’s presence in Alimankade and Pamankade One cannot ignore the intended derision when the forces were sacrificing limb and life to defend our Motherland. Next came the former Woman’s garment designer Gay Mangala ( A professional implosive agent) who became an OVERNIGHT expert in Military affairs by claiming that Gen Fonseka could not be expected even to head the Salvation Army and lastly the ‘affable’‚  Kiriella who brilliantly told us that any fool can fight battles.(We wonder as to‚  what school produced such an expert of spoken wisdom)? This form of infantile utterances‚ ‚  riled the public in that the sacrifices being made by the Forces were being ridiculed for some disgusting personal thrills.To date NO APOLOGY has been forthcoming from the so-called elite and ‘Gentlemen’ of a party previously known for its PATRIOTIC AND ETHICAL CONDUCT. The party leaders affinity for the international anti-Sri Lankan elements too did not go unnoticed by an alert public.
ranilpremasasa

Then there is a case of patriotism gone rotten.The current court jester, Tissa Athanake a former protege of late Gen Ranjan Wijeratne, used to show extra ordinary talent during the Southern Terror period in the saving of the UNP. However perhaps for firmly establishing his current status in the party,‚  he has now sold his soul to the Devil responsible for the pathetic state of the party.He effectively plays the role of an obedient puppet to his ventriloquist master. He reminds one of a local Mr Bean.‚  We remember him mimicking his Masters voice by saying that the UNP was in no doubt in winning the election but when confronted with the extraordinary defeat thereafter sheepishly defended himself by saying that after all it was an election not for changing the Government. Sour grapes and all that eh! old boy? excellent protector of sheep, the wolf! (Cicero). eh! what!

Finally the close affinity shown by the Leadership to the separatism -seeking TNA in the recently concluded election, made the Sinhala and peace loving public to vomit in disgust. The party is now in the tragic situation where it is unwanted in the North or South, East or West or by the majority of Sinhala, Tamils Muslims or other. Only those who love this monumental DISASTER are the UNP’s only friends left.Why this ‘gentleman’ did not learn or depart could be a rare occurrence in the annals of his prestigious Alma Mater!

AN IN DEPTH EXAMINATION FOR A RENAISSANCE?

All remaining genuine supporters of the UNP need‚  to evaluate the ground realities. Ranil Wickremesinghe has long overstayed his welcome in the party in particular and the country in general.He has no intention of relinquishing his post despite the irreparable damage that is being caused to a once great and invincible party.His skin is thicker than than the toughest skin of a‚  RHINO!‚  He has totally proved himself to be a complete misfit in reading the thinking of the public at large. Dogs may bark but the Ranil caravan moves on regardless. The top notch of the party consists of geriatrics awaiting the call from the next world, same gender activists,Colombo Art Circle pessimists, active Puwak club members and the steering committees are loaded with yes-men some of who are on the verge of impending dementia and need urgent treatment for political impotency. Please note that‚  some more have never contested a general or related election. He holds the sword of Damocles over the heads of every one that opposes him, along with threats of eviction bearing vengeance, bans and threats of disciplinary inquiries and mental torture.Therefore It is– yes sir! three bags full sir, any time Sir. I solemnly pledge to offer my services for conspiratorial purposes, engaging in spin to protect your wish for continuation as Opposition Chief till eternity even if the party is made to look like the city of Hiroshima in world war 2 SIR!!‚  If this sorry state is allowed to go on, the next General election (if the UNP is still in existence at that time), it might bring about a repeat of the 1977 elections RESULT,whereby the opposition was lead by a Tamil party. In view of the current separatist tendencies of the TNA this will be totally detrimental to our Motherland in general, and the Sinhalese ( Buddhist or otherwise) in particular. Therefore all patriots of our Motherland (irrespective of race or religion) should pressurise the few remaining people of the UNP to start injecting a milligram of calcium in to their comatose spines, to thwart an impending threat to our future generations.Stop acting like demented zombies who were absent when God gave brains Don’t be put off by claims that we are supporters of the present Government. Please remind them that their leader has repeatedly been a prime supporter himself.otherwise how can they keep winning for over 22 consecutive times? The Government continues to acknowledge his generosity‚  The people have only a Hob son’s choice when the present UNP has no professional leadership and it’s leader has no qualms about being servile to outside pressures.The only people that he satisfies are his servile Mafia anr fellow travellers.The Government is his current sponsor. In these circumstances it is fruitless condemning others for unlawful rule and corruption

The‚ youth who are the potential leaders are being blocked, by this artful leader by organising a six-year guarantee for his tenure aided effectively by his own henchmen. A DISASTER had befallen the party when one of his many stupid actions misfired. Hon Dayasiri Jayaskera was one of the potential future leaders to succeed to the present incumbency. In order to safeguard his position he riled him to leave the party but the UNP present and former traditionalists gave the beleaguered Leader a stunning back handed slap. The 300,000+ votes that he received marks the highest number in an election of this nature. A statistical analysis will reveal the veracity of the statement. It is strongly rumoured that another future potential candidate Buddhika Pathirana is constantly being threatened with disciplinary inquiries as he is not amenable to some embarrassing requests to heel! Sajith Premadasa unlike his illustrious pater can only blow hot air but when the leader confronts him he melts like ice due to global warming.It is all gas but no….. He has also taken steps to ban those who opposes his tenure from the Portals of Sri Kotha. His claim to be the high priest of Democracy but reveals his blatant hypocrisy and his thanhawa for the perks of office and the motto is let the UNP go to hell! His fake utterances of defending Media Freedom has been exposed by his imposing a ban on certain Media Channels from his self-preserving Media conferences. Falsely claiming to espouse the cause of Democracy and gentlemanly conduct this ‘gentleman’s’ behaviour remains an unethical nightmare. Unlike his mentor the British system of politics, despite Hon John Major, PM Gordon Brown and other such politicians, who have practised ethical principles, he blatently ignores the fact that he is no longer wanted by the Majority voters in Sri Lanka but point blankly refuses to depart. However we like to remind this‚  diabolical monument of an altruistic power source, that according to the teachings of the Lord Buddha nothing is permanent and everything is subject to change in life. Ask Prabakaran! Nevertheless there is still hope, if he acts honestly towards ground realities and departs the life of the party.

If our Motherland found a great leader and political/ Military group to confront and defeat the worst criminal enemy, cannot the UNP find even ONE such a person or persons from the last of the real UNPers left to bring an effective catalyst to help the UNP regain its former invincible glory. Young Harin Fernando has finally removed his rose tinted glasses and blinkers to admit that there is a problem. It is allowed if he back tracks somewhat in case the leadership decides that he is showing signs of insubordination towards the Almighty‚  However holding repetitive inquiries after every major electoral defeat,is a means akin to referring matters to the rouge’s mum.These futile ventures is ONLY to divert attention away from the real culprit of disaster and let him go scot free yet again. Of course one can fool some of the unintelligent some of the time It needs guts and operational surgery to remove the cancer that is eating away IN the body politic of the UNP. One need not be an Atomic scientist to know who the cancer is!? But who will bell the cat? However one thing is certain the self appointed leader will never be a part of the solution—he is the problem itself. The people who have‚  vehemently criticised Maestro earlier but has now been accepted by him as a bosom pal needs to have his track record scrutinised as it has been discovered that there is a joker in the pack. Immediate fumigation is thereby urgently recommended
The terrible twins (aka Batman & Robin) who are the architects for the devastation that is being imposed on a Party once thought to be invincible, patriotic and a protector of our Motherland. Their forlorn looks of regret and dejection portrays‚  a pathetic outlook to a duo who foolishly thought that they could accomplish Mission Impossible! There is a growing call from the party for Gay M to return home to the blue HQ and stop his implosive exercise which has added a disaster ten fold.

Note: We give credits to a die-hard UNPer who sent us the above‚  currently‚  on the internet via You tube. We categorically wish to state‚  that it has not been obtained from the library of the MTV or Sirasa Networks

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September 29th, 2013

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 ¶”¹ ¶­ ·” ¶» ·”  ¶´ ¶½ · ¶­ ·Å   ·Æ’ ¶· · ·â‚¬  ¶¯ ·â„¢ ¶¸  ·…  ¶¢ · ¶­ ·’ ¶Å¡  ·Æ’ ¶”š ¶° · ¶± ¶º  ¶¢ ¶º  ¶Å ·â„¢ ¶±  ¶”¡ ¶­.  ¶¯ ·â„¢ ¶¸ ·…  ¶¢ ¶± ¶­ · ·â‚¬ ¶§  ·Æ’ ·Å¡ ·â‚¬ ¶º  ¶Å¡ ·’ ¶» ·” ¶¸  ¶´ ·Æ’ ·â„¢ ¶Å¡ ¶½ ·,  ¶´ ¶½ ¶¸ ·” ·â‚¬  ¶”° ¶© ¶¸ ·Å   ¶¶ ¶½ ¶­ ¶½  ¶”° ¶½ ·Å  ¶½ ·,  ·Æ’ ¶§ ¶± ¶Å¡ ·Å   ¶¯ ·’ ¶º ¶­ ·Å   ¶Å¡ ·Å ¶§  ¶”¡ ¶­.  ¶¸ ·Å¡  ·Æ’ ¶§ ¶±  ¶´ ·’ ¶§ ·” ¶´ ·Æ’  ¶¸ ·”ž ·  ·Æ’ · ¶½ ·Æ’ ·” ¶¸ ¶Å¡ ·Å   ·Æ’ ·” ¶¯ · ¶± ¶¸ ·Å  ·â‚¬  ¶”¡ ¶­. ¶”° ¶© ¶¸ ·Å   ¶¶ ¶½ ¶­ ¶½  ¶½ · ¶¶ ·” ¶«  ¶Å¡ ·Å  ·”š ¶« ¶º ¶Å¡ ·’ ¶± ·Å  ¶¸,  ¶‘ ¶Å¡ ·Å  ¶­ ¶» ·  ¶¶ ¶§ ·”ž ·’ ¶»  ¶» ¶¢ ¶º ¶Å¡ ¶§  ·”ž ¶¸ ·” ¶¯ ·  ¶Å¡ ¶¯ ·â‚¬ ·” ¶» ¶Å¡ ·Å   ·Æ’ ¶¯ ·”ž ·  ¶… ¶Å¡ ·Å  ¶Å¡ ¶»  ¶¯ ·”ž ·Æ’ ·Å   ¶Å ¶± ¶± ¶Å¡ ·Å   ¶½ ¶¶ · ¶¯ ·” ¶¸ ¶§ ¶­ ·Å ,  ¶‘ ¶¸  ¶½ ¶¶ · ¶¯ ·â„¢ ¶±  ¶”° ¶© ¶¸  ·â‚¬ ¶» ·Å  ¶­ ¶¸ · ¶±  ¶½ ¶”š ¶Å¡ · ·â‚¬ ·Å¡  ·”ž ¶¸ ·” ¶¯ · ¶Å¡ ¶¯ ·â‚¬ ·” ¶» ·”  ·Æ’ ·”ž ·’ ¶­  ¶´ ¶½ · ¶­ ·Å  ¶¯  ¶”¡ ¶­ ·” ¶½ ¶­ ·Å  ·â‚¬  ¶”¡ ¶­.  ¶‘ ·Å   ¶­ ·” ¶½ ·’ ¶± ·Å   ¶± ·” ¶­ ·Å  ¶º · ¶± ·” ¶Å¡ ·” ¶½  ¶´ ¶¯ ¶± ¶¸ ¶Å¡ ·’ ¶± ·Å   ¶… ¶´ ·Å¡  ·”ž ¶¸ ·” ¶¯ ·  ¶´ ¶½ ·â‚¬ ·  ·”ž · ¶»,  ¶‘ ¶¸  ·Æ’ ·Å  ¶® · ¶±  ·â‚¬ ·’ ¶¯ ·Å¡ · ·” ¶º  ·”ž ¶¸ ·” ¶¯ · ·â‚¬ ¶± ·Å   ¶½ ¶¶ · ¶¯ ·” ¶¸  ·Æ’ · ¶½ ·Æ’ ·” ¶¸ ¶º ·’.  ¶± ·” ¶­ ·’  ·â‚¬ ·’ · · ¶» ¶¯ ¶º ¶Å¡ ·” ¶º ¶º ·’  ¶Å¡ ·’ ¶º ¶±  ¶’  ¶¸ ·”ž ·  ¶”¡ ¶¸ ¶­ ·’  ¶… ¶´ ·Å¡ ¶Å¡ ·Å  ·”š ¶Å¡ ¶º · ¶Å ·Å¡,  ¶± ·” ¶­ ·’ ¶º  ¶± ¶¸ ·Å  ·â‚¬ ·”  ¶’  ¶º ·” ¶°  ¶¸ ·â„¢ ·â‚¬ ¶½ ¶¸  ·Æ’ ¶¸ ¶Å  ¶Å¡ ¶» ¶±  ¶… ¶» ¶Å ¶½ ¶º  ¶¸ ·” ¶½ ¶Å ¶§  ¶… · ¶» ¶¸ ·Å  ¶· ·â‚¬ ·â„¢ ¶± ·”  ¶”¡ ¶­.

 ¶… ¶´ ·Å¡  ¶» ¶§  ¶­ ·” ¶½  ¶´ · ·â‚¬ ¶­ ·’ 30  ¶… ·â‚¬ ·” ¶» ·” ¶¯ ·”  ¶º ·” ¶¯ ·Å  ¶° ¶º,  ¶± ·’ ¶¸ ¶Å¡ ¶»‚   ¶”¡ ¶­.  ¶”° ¶± ·Å   ¶… ¶¯ ·”ž ·Æ’ ·Å   ¶Å¡ ¶» ¶± ·” ¶º ·Å¡,  ¶… · ¶º ·” ¶°  ·Æ’ ¶± ·Å  ¶± ¶¯ ·Å  ¶°  ¶º ·” ¶¯ ·Å  ¶° ¶º  ¶± ·’ ¶¸ ·â‚¬  ¶”¡ ¶­ ·’  ¶¶ ·â‚¬ ¶º ·’.  ¶… · ¶º ·” ¶°  ·Æ’ ¶± ·Å  ¶± ¶¯ ·Å  ¶°  ¶º ·” ¶¯ ·Å  ¶° ¶º ·Å¡  ¶´ ·â„¢ ¶» ¶¸ ·” ¶« ·”  ¶¶ ¶½  ¶”¡ ¶« ·’  ¶´ ·Å ¶½ ·Å ·â‚¬ ¶§  ·Æ’ ¶¸ ¶­ ¶½ ·  ·â‚¬ ·”  ·â‚¬ ·’ ¶§,  ¶” ·â‚¬ ·” ¶± ·Å   ¶´ ·Æ’ ·” ¶´ ·Æ’  ·Æ’ ·’ ¶§ ·’  ¶¶ ¶½ ¶Å¡ · ¶º,  ¶± ¶Å ·Å  ¶± ·â‚¬  ¶… ¶´  ¶”° ¶¯ ·’ ¶» ·’ ¶º ·Å¡ ¶¸  ¶¯ ·’ ·Æ’ ·Å  ·â‚¬ ¶± ·Å  ¶± ¶§  ·â‚¬ ·’ ¶º.  ¶­ ¶¸ ¶± ·Å   ¶¸ ·â„¢ ·”ž ·â„¢ ¶º ·â‚¬ ·”  ¶º ·” ¶¯ ·Å  ¶° ¶º  ¶´ ¶» · ¶¢ ¶º  ·â‚¬ ¶±  ·â‚¬ ·’ ¶§,  ¶”¹ ¶´ ¶Å¡ ·Å  ¶» ¶¸ ·’ ¶Å¡ ·â‚¬  ¶´ ·Æ’ ·”  ¶¶ ·Æ’ ·’ ¶± ·â‚¬ ·  ·â‚¬ ·â„¢ ¶± ·” ·â‚¬ ¶§,  ¶” ·â‚¬ ·” ¶± ·Å   ¶± ¶Å ·Å  ¶± ·â‚¬  ¶… ¶´  ¶”° ¶¯ ·’ ¶» ·’ ¶º ·Å¡,  ¶¸ ·â„¢ ·Æ’ ·Å¡  ·Æ’ ·’ ¶§ ·’ ¶± ·Å  ¶± ·Å¡  ¶”¡ ¶º ·’?

 ¶” ·â‚¬ ·” ¶± ·Å   ¶´ ·’ ¶§ ·” ¶´ ·Æ’  ·Æ’ ·’ ¶§ ·’ ¶±  ¶¶ ¶½ ¶Å¡ · ¶º  ¶” ·â‚¬ ·” ¶± ¶§  ¶´ ·Æ’ ·”  ¶¶ ·Æ’ ·’ ¶± ·Å  ¶± ¶§  ¶”° ¶©  ¶± ·Å ¶¯ ·â„¢ ¶±  ¶¶ · ·â‚¬ ·’ ¶« ·’.  ¶¸ ·Å¡  ¶… ·â‚¬ ·Æ’ ·Å  ¶® · ·â‚¬ ·Å¡ ¶¯ ·”  ¶… ¶´  ·â‚¬ ·’ ·Æ’ ·’ ¶± ·Å   ¶´ · ·”ž · ¶¯ ·’ ¶½ ·’ ·â‚¬ ¶¸  ¶… ·â‚¬ ¶¶ · ¶°  ¶Å¡ ¶»  ¶Å ¶­  ¶º ·” ¶­ ·Å  ¶­ ·Å¡,  ¶¸ ·Å¡  ¶… ¶´  ¶”° ¶¯ ·’ ¶» ·’ ¶º ·Å¡  ¶± ¶Å ·Å  ¶± ·â‚¬  ·Æ’ ·’ ¶§ ·’ ¶±  ·Æ’ ·’ ¶º ¶½ ·Å  ¶½ ¶± ·Å  ¶¸  ·Æ’ ·’ ¶§ ·’ ¶± ·” ¶º ·Å¡  ¶… ¶­ ¶» ¶¸ ¶”š ·â‚¬ ·”  ·Æ’ ¶”š ¶° ·’ ·Æ’ ·Å  ¶® · ¶± ¶º ¶Å¡  ¶¶ ·â‚¬ ¶º ·’.  ¶”° ¶¯ ·’ ¶» ·’ ¶º ·Å¡  ·Æ’ ·’ ¶§ ·’ ¶±  ¶… ¶´ ¶­ ·Å ,  ¶” ·â‚¬ ·” ¶± ¶Å ·Å¡  ¶´ ·Æ’ ·”  ¶´ ·Æ’ ·’ ¶± ·Å   ·Æ’ ·’ ¶§ ·’ ¶±  ¶” ·â‚¬ ·” ¶± ¶Å ·Å¡  ·”ž · ¶¸ ·Å   ¶´ ·” ¶­ ·” ¶± ·” ¶­ ·Å   ¶” ·â‚¬ ·” ¶± ¶§  ¶¸ ·”ž ·  ·”ž ·’ ·Æ’ ¶» ¶¯ ¶º ¶Å¡ ·Å  ·â‚¬  ¶”¡ ¶­.  ¶¸ ·Å¡  ¶… ·â‚¬ ·Æ’ ·Å  ¶® · ·â‚¬ ·Å¡ ¶¯ ·”  ¶”° ¶­ ·  ¶… ·Æ’ ¶» ¶«  ¶­ ¶­ ·Å  ·â‚¬ ¶º ¶§  ¶´ ¶­ ·Å  ·â‚¬  ·Æ’ ·’ ¶§ ·’ ¶±  ¶¸ ·Å ·â‚¬ ·” ¶± ·Å   ¶Å¡ ·â‚¬ ·” ¶» ·” ¶± ·Å  ¶¯?

 ·”ž ·’ ¶§ ¶´ ·”  ¶”¡ ¶¸ ¶» ·’ ¶Å¡ · ¶± ·”  ¶­ · ¶± · ¶´ ¶­ ·’  ¶» ·Å ¶¶ ·â„¢ ¶§ ·  ¶¶ ·Å  ¶½ ·Å¡ ¶Å¡ ·Å ,  ¶‘ ¶» ·Å  ¶Å¡ ·Å   ·Æ’ · ¶½ ·Å  ¶© ·Å  ·”ž ¶º ·’ ¶¸ ·Å ,  ¶º ·Æ’ ·” ·”š ·’  ¶… ¶Å¡ · ·”š ·’,  ¶¸ ·’ ¶½ ·’ ¶¶ ·‘ ¶± ·Å  ¶© ·Å   ¶”¡ ¶­ ·” ¶½ ·”  ¶Å¡ ¶´ ·Å  ¶´ ¶» ¶Å¡ ·Å   ¶´ ¶» ¶¯ ·Å¡ · ¶Å¡ ·Å  ¶Å¡ · ¶» ¶º ·’ ¶± ·Å ,  ¶¸ ·Å¡  ¶Å¡ ·Å ¶§ ·’  ¶¶ ¶½  ·Æ’ ·Å¡ ¶± ·  ¶´ ·’ ¶§ ·” ¶´ ·Æ’  ·Æ’ ·’ ¶§ ¶Å ·â„¢ ¶±  ·Æ’ ·’ ¶§ ·’  ¶… ¶­ ¶»,  ¶… ¶¯  ¶¯ ·â„¢ ¶½ ·Å ·â‚¬ ¶Å¡ ·Å   ¶… ¶­ ¶»,  ¶… ¶­ ¶» ¶¸ ¶”š ·â‚¬  ·Æ’ ·’ ¶§ ·”.  ¶Å¡ ·Å ¶§ ·’  ·Æ’ ¶§ ¶±  ¶¢ ¶º  ¶Å ¶­ ·Å  ¶­ ·Å¡  ¶± ¶¸,  ·Æ’ ·’ ¶º  ·”ž · ¶¸ ·Å   ¶´ ·” ¶­ · ¶½ · ¶Å ·â„¢ ¶± ·Å   ¶½ · ¶Å¡ ¶º ·Å¡  ¶”° ·”ž ¶½ ¶¸  ¶Å ¶» ·”  ¶± ¶¸ ·Å  ¶¶ ·”  ¶± · ¶¸ ¶º ¶± ·Å  ¶Å ·â„¢ ¶± ·Å   ¶´ ·’ ¶¯ ·” ¶¸ ·Å   ¶½ ¶¶ ¶± ·Å  ¶± ¶§  ¶­ ·’ ¶¶ ·” ¶«  ¶… ·â‚¬ ·Æ’ ·Å  ¶® · ·â‚¬  ¶Å ·’ ¶½ ·’ ·”ž ·”  ¶’  ·â‚¬ ·â„¢ ¶± ·” ·â‚¬ ¶§,  ·Æ’ ·’ ¶º  ·”ž · ¶¸ ·Å   ¶´ ·” ¶­ · ¶½ · ¶Å ·Å¡  ¶¸ ·” ·â‚¬ ¶Å  ¶» · ·â‚¬ ·Å  ¶¯ ·â„¢ ¶±, King  ¶± ¶¸ ·Å   ·â‚¬ ·”  ¶± ·’ ¶Å ¶» ·”  ¶”¡ ¶¸ ¶­ ·” ¶¸ ·Å   ¶» ¶§ · ·â‚¬,  ¶”° ¶¯ ·’ ¶» ·’ ¶º ·Å¡  ¶… ·Æ’ ¶» ¶« ·â‚¬  ¶¶ ¶½ ·  ·Æ’ ·’ ¶§ ·”. “Tell …king Robeto Blake to come here. I don-â„¢t want to see …king Eric’s face here. Tell, …king Naveen Pillei to forward this report.  ¶… · ¶¯ ·”  ¶± ·’ ¶Å ¶» ·”  ¶Å¡ ·’ ¶» ·” ¶¸  ¶… ¶­ ¶» ·Å¡,  ¶… ¶­ ¶» ¶¸ ¶”š ·â‚¬  ·Æ’ ·’ ¶§ ·’ ¶±  ¶¸ ·Å¡  ¶¸ ·’ ¶± ·’ ·Æ’ ·” ¶± ·Å  ¶§,  ¶­ ¶¸ ¶± ·Å   ¶´ ·Æ’ ·” ¶Å ·’ ¶º  ¶Å¡ · ¶½ ¶º ·Å¡,  ¶Å¡ ¶½  ¶¯ ·‘,  ¶Å¡ ·”  ¶¯ ·‘,  ·Æ’ ·’ ¶º ¶½ ·Å  ¶½ ¶Å¡ ·Å  ¶¸  ¶… ¶¸ ¶­ ¶Å¡ ·â‚¬  ¶Å ·Å ·Æ’ ·Å ,  ¶­ ¶¸ ¶± ·Å  ¶Å ·Å¡  ¶» ¶§ ·Å¡  ¶­ ·”ž ¶± ¶¸ ·Å   ¶Å¡ ·Å ¶§ ·’  ·Æ’ ¶”š ·â‚¬ ·’ ¶° · ¶± ¶º,  ·â‚¬ ·â„¢ ¶± ·” ·â‚¬ ·â„¢ ¶± ·Å   ¶”¡ ¶¸ ¶» ·’ ¶Å¡ · ·â‚¬  ·Æ’ ·Ëœ ¶¢ ·” ·â‚¬ ¶¸  ¶´ ·â„¢ ¶± ·”  ·Æ’ ·’ ¶§ ·’ ¶±  ¶­ ¶­ ·Å  ·â‚¬ ¶º ¶Å¡ ¶§  ¶¢ · ¶­ ·’ ¶Å¡  ¶¸ ¶± · ¶¶ · ·â‚¬ ¶º  ·â‚¬ ·’ ¶Å¡ ¶½ ·Å  ·â‚¬  ¶Å ·Å ·Æ’ ·Å   ¶”¡ ¶­.

 ¶º ¶¸ ·Å   ·”ž ·â„¢ ¶º ¶Å¡ ·’ ¶± ·Å   ¶… ¶´  ¶”° ¶¯ ·’ ¶» ·’ ¶º ·Å¡  ¶± ¶Å ·Å  ¶± ·â‚¬  ·Æ’ ·’ ¶§ ·’ ¶±  ¶¸ ·Å¡  ¶´ ·’ ¶» ·’ ·Æ’,  ¶Å¡ ·Å ¶§ ·’  ·Æ’ ¶± ·Å  ¶± ¶¯ ·Å  ¶°  ¶¶ ¶½ ¶Å¡ · ¶º  ¶¸ ·â„¢ ¶± ·Å  ¶¸,  ·â‚¬ ·’ ¶± · ·  ¶Å¡ ¶½ ·”ž ·Å ¶­ ·Å ,  ¶” ·â‚¬ ·” ¶± ·Å   ¶´ ·’ ¶§ ·” ¶´ ·Æ’  ·Æ’ ·’ ¶§ ·’ ¶± ·Å  ¶± ·Å¡  ¶Å¡ ·â‚¬ ¶» ·â„¢ ¶Å¡ ·Å  ¶¯ · ¶º ·’  ·”ž ·â„¢ ¶½ ·’ ·â‚¬ ¶± ·”  ¶”¡ ¶­.  ¶‘ ·â‚¬ ·’ ¶§  ¶‘ ¶Å¡ ·Å  ·Æ’ ¶­ ·Å   ¶¢ · ¶­ ·” ¶± ·Å  ¶Å ·Å¡  ·Æ’ ¶”š ·â‚¬ ·’ ¶° · ¶± ¶º ·â„¢ ¶± ·Å   ¶´ ¶» ·’ ¶¶ · ·”ž ·’ ¶» ·â‚¬  ·Æ’ ·’ ¶§,  ¶¸ ·”ž ·  ¶½ ·Å¡ ¶Å¡ ¶¸ ·Å   ¶¶ · ¶± ·Å  ¶Å¡ ·’  ¶¸ ·” ¶± ·Å  ¶§,  ¶… ¶´ ·Å¡  ¶» ¶§ ¶§  ¶‘ ¶» ·â„¢ ·”ž ·’ ·â‚¬  ¶Å¡ ¶§ ¶º ·” ¶­ ·”  ¶Å¡ ·’ ¶» ·” ¶¸  ·Æ’ ¶¯ ·”ž ·  ¶¸ ·â„¢ ¶­ ¶» ¶¸ ·Å   ¶¶ ¶½ ¶´ ·‘ ¶¸ ·Å   ¶Å¡ ¶» ¶± ·Å  ¶± ·Å¡  ¶Å¡ ·â‚¬ ·” ¶» ·” ¶± ·Å  ¶¯ · ¶º ·’  ·â‚¬ ¶§ ·”ž ·  ¶Å ¶­  ·”ž · ¶Å¡.  ¶± ¶¸ ·” ¶­ ·Å   ¶… ·â‚¬ ·” ¶» ·” ¶¯ ·” 68 ¶Å¡  ¶… ¶´ ¶Å¡ ·” ¶» ·Å  ¶­ ·’ ¶¸ ¶­ ·Å   ¶”° ¶­ ·’ ·”ž · ·Æ’ ¶º ¶Å¡ ·Å   ¶”¡ ¶­ ·’  ¶‘ ¶Å¡ ·Å  ·Æ’ ¶­ ·Å   ¶¢ · ¶­ ·” ¶± ·Å  ¶Å ·Å¡  ·Æ’ ¶”š ·â‚¬ ·’ ¶° · ¶± ¶º ·Å¡,  ¶¸ ·â„¢ ¶­ ¶» ¶¸ ·Å   ¶´ ·”ž ¶­ ·Å   ¶… ¶± ·Å  ¶¯ ¶¸ ·’ ¶± ·Å   ¶Å¡ ¶§ ¶º ·” ¶­ ·”  ¶Å¡ ¶» ¶±  ¶¶ ¶½ ¶Å¡ · ¶º  ¶¸ ·” ¶½ ·” ¶¸ ·”ž ¶­ ·Å   ¶½ · ¶Å¡ ¶º · ¶¸  ¶¸ ·Å¡  ·â‚¬ ¶± ·â‚¬ ·’ ¶§ ¶­ ·Å   ·”ž ¶¯ ·” ¶± ·  ¶Å ·â„¢ ¶±  ·”ž ¶¸ · ¶» ¶º.  ¶¸ ·”ž  ¶¸ ·” ·”ž ·” ¶¯ ·Å¡  ¶´ · ·â‚¬ ·â„¢ ¶±  ¶¸ · ¶½ ·’ ¶Å · ·â‚¬ ¶½  ·Æ’ ·’ ¶§ ·’ ¶¸ ·’ ¶± ·Å , ¶… ¶½ ·Å  ¶´ ¶º ¶Å¡ ·Å  ·â‚¬ ·”  ¶¸ ·’ ¶± ·’ ·Æ’ ·Å   ¶´ ¶» ·Å  ·â‚¬ ¶­  ·Æ’ ¶¸ ·” ·”ž ¶º ¶Å¡ ·Å   ·â‚¬ ·’ ·Æ’ ·’ ¶± ·Å   ·Æ’ ¶Å¡ ·Æ’ ·Å   ¶Å¡ ¶» ¶±  ¶¸ ·Å¡  ·Æ’ · ¶½ ·Æ’ ·” ¶¸ ·Å   ·Æ’ ¶¸ ·Å  ¶¶ ¶± ·Å  ¶° ·â‚¬  ¶… ¶´  ¶¯ · ¶© ·’  ¶… ·â‚¬ ¶¯ · ¶± ¶º ¶Å¡ ·’ ¶± ·Å   ·Æ’ ·’ ¶§ ·’ ¶±  ¶¶ ·â‚¬,  ¶… ¶´ ¶§  ¶… ¶Å¡ ¶¸ · ¶­ ·Å  ¶­ ·â„¢ ¶± ·Å   ·â‚¬ ·” ·â‚¬ ¶¯  ·”ž ¶© ¶Å ·  ¶Å¡ ·” ¶¸ ¶§  ·Æ’ ·’ ¶¯ ·” ·â‚¬  ¶­ ·’ ¶¶ ·Å¡.

 ·Æ’ ¶­ ·” ¶» ·  ·â‚¬ ·’ ·Æ’ ·’ ¶± ·Å   · ·” ¶­ ¶½  ¶º ·” ¶¯ ·Å  ¶° ¶º  ¶… · ¶» ¶¸ ·Å  ¶·  ¶Å¡ ¶½  ¶º ·” ¶­ ·”  ¶… ·â‚¬ ¶° ·’ ¶º ¶§  ¶´ ·â„¢ ¶»  ¶… · ¶» ¶¸ ·Å  ¶·  ¶Å¡ ·’ ¶» ·” ¶¸,  ¶… ¶´  ¶½ ¶¯  ·â‚¬ ·’ · · ¶½ ¶¸  ¶¢ ¶º ¶Å ·Å  ¶» · ·”ž ¶± ¶º ¶º ·’.  ¶… · ¶º ·” ¶°  ·Æ’ ¶± ·Å  ¶± ¶¯ ·Å  ¶°  ¶… ¶» ¶Å ¶½ ¶º ·Å¡  ¶´ ¶» · ¶¢ ·’ ¶­  ¶¸ ¶± ·  ¶¶ · ·â‚¬ ¶º ·â„¢ ¶± ·Å ,  ·â‚¬ ·’ ¶º ·â‚¬ ·” ¶½ ·Å   ·â‚¬ ·”  ·Æ’ ¶­ ·” ¶» ·”  ¶¸ ¶± ·Æ’,  ·â‚¬ ·’ ¶Å¡ ¶½ ·Å  ·â‚¬  ·Æ’ ·’ ¶¯ ·” ¶Å¡ ¶» ¶±  ·Æ’ ·‘ ¶¸  ¶Å¡ · ¶» ·Å  ¶º ¶º ¶Å¡ ·’ ¶± ·Å  ¶¸  ·Æ’ ¶­ ·” ¶» · ¶§  ¶½ ¶¶ ·  ¶¯ ·â„¢ ¶± ·Å  ¶± ·Å¡  ¶… ¶± ·Å  ¶­  ¶´ ¶» · ¶¢ ¶º ¶º ·’.  ¶… ¶´  ¶‘ ·Å   ·Æ’ ¶¸ ·Å  ¶¶ ¶± ·Å  ¶° ·â‚¬  ¶¸ ¶± ·  ¶… ·â‚¬ ¶¶ · ¶° ¶º ¶Å¡ ·’ ¶± ·Å   ¶’  ¶´ ¶» · ¶¢ ·” ¶º  ¶½ ¶Å¡ ·Å  ·”š ¶«  ·â‚¬ ¶©  ·â‚¬ ¶© · ¶­ ·Å   ·â‚¬ · ¶© ·’  ¶¯ ·’ ¶º ·” ¶« ·”  ·â‚¬ ¶±  ¶… · ¶Å¡ · ¶» ¶º ·Å¡  ¶´ ·Æ’ ·” ¶¶ ·’ ¶¸ ¶Å¡ ·Å   ¶± ·’ ¶» ·Å  ¶¸ · ¶« ¶º  ¶Å¡ ·’ ¶» ·” ¶¸ ¶§  ·â‚¬ ¶Å ¶¶ ¶½ ·  ¶Å ¶­ ¶º ·” ¶­ ·” ¶º.  ¶‘ ·Æ’ ·Å¡  ¶Å¡ ·’ ¶» ·” ¶¸ ¶§  ¶± ¶¸ ·Å   ¶… ¶´  ·â‚¬ ·’ ·Æ’ ·’ ¶± ·Å   ·Æ’ ¶­ ·” ¶» · ·â‚¬  ·”ž ·  ·Æ’ ¶­ ·” ¶» · ¶Å ·Å¡  ¶Å ¶¸ ¶± ·Å   ¶¸ ¶Å  ¶¸ ¶± · ·â‚¬  ¶… ·â‚¬ ¶¶ · ¶° ¶Å¡ ¶» ¶Å ·â„¢ ¶±  ·Æ’ ·’ ¶§ ·’ ¶º  ¶º ·” ¶­ ·” ¶º. ·Æ’ ¶­ ·” ¶» · ·â‚¬  ¶… ·â‚¬ ¶¶ · ¶°  ¶Å¡ ¶»  ¶Å · ¶± ·” ¶¸,  ·Æ’ ¶­ ·” ¶» · ¶§  ¶‘ ¶» ·â„¢ ·”ž ·’ ·â‚¬  ·Æ’ ¶§ ¶± ·Å   ·â‚¬ · ¶¯ ·” ¶¸,  ¶­ ¶± ·’ ¶Å¡ ¶» ¶¸  ¶» ¶¢ ¶º ¶§  ¶´ ¶¸ ¶« ¶Å¡ ·Å   ¶… ¶º ·’ ¶­ ·’  ¶Å¡ · ¶» ·Å  ¶º ¶º ¶Å¡ ·Å   ¶± ·Å ·â‚¬ ·Å¡.  ·Æ’ · ¶¶ ·‘  ¶½ ·â„¢ ·Æ’ ¶¸  ¶‘ ¶º  ¶… ¶´ ¶§  ¶… ¶º ·’ ¶­ ·’  ¶­ ·â‚¬ ¶­ ·Å   ¶‘ ¶Å¡ ·Å   ¶Å¡ · ¶» ·Å  ¶º ¶Å¡ ·Å   ¶¶ ·â‚¬  ¶”° ¶­ ·’ ·”ž · ·Æ’ ¶º  ·â‚¬ ·’ ·Æ’ ·’ ¶± ·Å   ¶¶ ¶½ ¶Å¡ ¶»  ¶´ ·â„¢ ¶± ·Å  ·â‚¬ ·  ¶¯ ·â„¢ ¶±  ¶¸ ·Å¡  ¶¸ ·Å ·”ž ·Å ¶­ ·Å¡,  ¶Å¡ ·’ ·Æ’ ·’ ¶¯ ·”  ¶½ · ¶”š ¶Å¡ ·’ ¶Å¡ ¶º ¶Å¡ ·” ¶§  ¶± ·’ ¶¯ ·’ ¶¶ ¶» ·â‚¬  ·Æ’ ·’ ¶§ ·’ ¶º  ¶± ·Å ·”ž · ¶Å¡ ·’,  ¶… ·â‚¬ ¶° ·’ ¶º ¶Å¡ ·Å   ¶± ·’ ¶» ·Å  ¶¸ · ¶« ¶º ·â‚¬  ¶… · ¶­.
 ¶¸ ·”ž ·’ ¶± ·Å  ¶¯  ¶» · ¶¢ ¶´ ¶Å¡ ·Å  ·”š  ¶¸ ·”ž ¶­ · ·â‚¬  ¶¶ ¶½ ¶º ¶§  ¶´ ¶­ ·Å  ¶Å¡ ¶½ ·Å¡,  ¶¸ ·â„¢ ¶» ¶§  ¶¢ · ¶­ ·’ ¶Å¡  ¶¶ ¶½ ·â‚¬ ·Å¡ ¶Å ¶º ¶º ·’.  ¶¶ ¶½ ¶º  ¶½ ¶¶ · ¶Å · ¶± ·” ¶¸ ·â„¢ ¶± ·Å   ¶´ ·Æ’ ·”,  ¶” ·”ž ·”  ¶» ¶§ ·Å¡  ·Æ’ ·’ ¶º ¶½ ·”  ¶¯ ·â„¢ ¶± · ¶Å ·Å¡ ¶¸  ¶¢ ¶± · ¶° ·’ ¶´ ¶­ ·’ ·â‚¬ ¶» ¶º ·  ·â‚¬ ·” ·â‚¬ ¶¯,  ¶‘ ¶­ ·” ¶¸ · ¶§  ¶¸ ¶Å  ¶´ ·â„¢ ¶± ·Å  ·â‚¬ ¶±  ¶± ·’ ¶º ¶¸ ·” ·â‚¬ ·  ·â‚¬ ·”  ¶¸ ·Å¡  ¶¶ ¶½ ·â‚¬ ·Å¡ ¶Å ¶º  ·”ž ·  ¶¶ ¶¯ ·Å  ¶° ·â‚¬  ¶± ·’ ·â‚¬ · ¶» ¶¯ ·’ ·â‚¬  ¶Å¡ ¶§ ¶º ·” ¶­ ·”  ¶Å¡ ·’ ¶» ·” ¶¸  ·”ž ·Å¡ ¶­ ·” ·â‚¬ ·â„¢ ¶± ·Å ,  ¶½ · ¶Å¡ ¶º ·Å¡  ¶¶ ¶½ ·â‚¬ ¶­ ·Å   ¶ ¶« ¶º ·Å¡  ¶± · ¶º ¶Å¡ ¶º ·â„¢ ¶Å¡ ·”  ¶½ ·â„¢ ·Æ’  ¶Å¡ · ¶´ ·”  ¶´ ·â„¢ ¶± ·â„¢ ¶±  ¶­ ¶­ ·Å  ·â‚¬ ¶º ¶§  ¶´ ¶­ ·Å  ·â‚¬  ·Æ’ ·’ ¶§ ·”.
 ¶¸ ·”ž ·’ ¶± ·Å  ¶¯  ¶» · ¶¢ ¶´ ¶Å¡ ·Å  ·”š  ¶¸ ·”ž ¶­ ·,  ¶½ · ¶Å¡ ¶º ·Å¡  ¶Å¡ · ¶´ ·”  ¶´ ·â„¢ ¶± ·â„¢ ¶±  ¶» · ¶¢ ·Å  ¶º  ¶± · ¶º ¶Å¡ ¶º ¶Å¡ ·”  ·â‚¬ ¶± ·Å  ¶± · ·Æ’ ·Å¡ ¶¸  ¶”° ¶­ ·’ ·”ž · ·Æ’ ¶º ·Å¡  ¶”° ·”ž ¶½  ¶­ ¶½ ¶º ¶Å¡  ·Æ’ ·’ ¶§ ·’ ¶±  ¶» · ¶¢ ·Å  ¶º  ¶´ · ¶½ ¶Å¡ ¶º ¶Å¡ ·”  ¶¶ ·â‚¬ ¶§  ¶´ ¶­ ·Å  ·â‚¬  ·Æ’ ·’ ¶§ ·”. ¶”° ¶­ ·’ ·”ž · ·Æ’ ¶º  ¶Å ·â‚¬ ·Å¡ ·”š ¶« ¶º  ¶Å¡ ¶» ¶±  ·â‚¬ ·’ ¶§,  ¶» ¶§ ·Å¡  ¶´ ¶½ · ¶­ ·Å   ¶¶ ¶½ ·â„¢ ¶± ·Å   ¶… ¶½ ·Å  ¶½ ·  ¶Å ·â„¢ ¶±  ¶» ¶¢  ¶Å¡ ¶» ¶¸ ·’ ¶± ·Å   ·Æ’ ·’ ¶§ ·’  ¶‘ ·… · ¶» ·â‚¬  ¶ · ¶­ ¶± ¶º  ¶Å¡ ¶»,  ¶» ¶§  ¶± ·’ ¶¯ ·”ž ·Æ’ ·Å   ¶Å¡ ¶» ¶Å ¶­ ·Å   ¶¯ ·” ¶§ ·” ¶Å · ¶¸ ·” ¶« ·”  ¶¸ ·”ž ·  ¶» ¶¢ ¶­ ·” ¶¸ ·  ¶¸ ·â„¢ ¶± ·Å  ¶¸,  ¶¶ ¶§ ·”ž ·’ ¶»  ·Æ’ ·” ¶¯ ·Å  ¶¯ ¶± ·Å  ¶Å ·Å¡,  ·Æ’ ·’ ¶º ¶½ ·” ¶¸  ¶… · ¶° · ¶»  ¶… ¶± ·” ¶¶ ¶½  ¶º ¶§ ¶­ ·Å¡  ¶¶ ¶½  ·Æ’ ¶¸ ·Å  ¶´ ¶± ·Å  ·â‚¬,  ¶¸ ·Å¡  ¶» ¶§ ·Å¡  ¶”¹ ¶­ ·” ¶»  ·”ž ·  ¶± · ¶Å ·â„¢ ¶± ·”ž ·’ ¶»  ¶´ · ¶½ ¶± ¶º  ¶Å¡ ¶» ¶¸ ·’ ¶± ·Å ,  ¶… ¶± ·’ ¶Å¡ ·” ¶­ ·Å   ·Æ’ ·’ ¶º ¶½ ·” ¶¸  ¶´ ¶½ · ¶­ ·Å   ·â‚¬ ¶½  ·Æ’ · ¶¸ · ¶± ·Å  ¶º  ¶¢ ¶±  ¶¢ ·” ·â‚¬ ·’ ¶­  ¶¸ ·” ·Æ’ ¶´ ¶­ ·Å  ·â‚¬  ¶º ¶§ ¶Å¡ ¶» ¶Å ·â„¢ ¶±  ·Æ’ ·’ ¶§ ·’,  ¶´ ·Å  ¶» ¶· · ¶Å¡ ¶» ¶± ·Å  ·â‚¬  ¶ · ¶­ ¶± ¶º  ¶Å¡ ·Å ¶§,  ¶» ¶§  ¶± ·’ ¶¯ ·”ž ·Æ’ ·Å   ¶Å¡ ¶»  ¶Å ¶­ ·Å   ¶… · ¶Å¡ · ¶» ¶º ¶­ ·Å ,  ¶‘ ¶Å¡ ¶¸  ¶… · ¶Å¡ · ¶» ¶º ·â„¢ ¶± ·Å  ¶¸  ·Æ’ ·’ ¶¯ ·” ·â‚¬ ·”  ·Æ’ ·’ ¶¯ ·Å  ¶° ·” ¶± ·Å   ¶¯ ·â„¢ ¶Å¡ ¶Å¡ ·’.

 ¶­ ·â‚¬ ¶¯,  ¶´ ·… ¶¸ ·” ·â‚¬ ¶±  ¶´ · ¶» ¶Å¡ ·” ¶¸ ·Å  ¶· ·  ¶¸ ·”ž ·  ¶» ¶¢ ¶­ ·” ¶¸ ·,  ¶» ¶§  ·Æ’ ·”ž ¶½ ·’ ¶± ·Å   ·Æ’ ·Å  ·â‚¬ ·”ž ¶”š ¶´ · ·”š ·’ ¶­  ¶Å¡ ¶½ · ·Æ’ ·Å¡ ¶¸,  ¶¸ ·Å¡  ¶º ·” ¶Å ¶º ·Å¡ ¶¯ ·” ¶¯  ·Æ’ ·”ž ¶½ ·’ ¶± ·Å   ·Æ’ ·Å  ·â‚¬ ¶º ¶”š ¶´ · ·”š ·’ ¶­ ·â‚¬  ¶­ ·’ ¶¶ ·” ¶¸ ¶¯,  ¶¢ · ¶­ ·’ ¶º ¶§,  ¶´ ·â‚¬ ¶­ ·’ ¶±  ¶´ · ¶½ ¶± ¶º  ·Æ’ ¶¸ ·Å  ¶¶ ¶± ·Å  ¶° ·â‚¬  ·”ž ¶© ¶Å ·  ¶Å¡ ·’ ¶º ¶±  ¶º ¶¸ ·Å   ·â‚¬ ·’ · ·Å¡ ·”š ·’ ¶­  ¶´ ¶« ·’ ·â‚¬ ·” ¶© ¶º ¶Å¡ ·’.  ¶¸ ·â„¢ ·â‚¬ ¶± ·Å   ¶­ ¶­ ·Å  ·â‚¬ ¶º ¶± ·Å  ¶§  ·Æ’ ¶¸ ¶Å · ¶¸ ·” ·â‚¬  ·Æ’ ·’ ¶¯ ·” ·â‚¬ ¶±  ·Æ’ ¶¸ · ¶¢  ¶´ ¶» ·’ ·â‚¬ ¶» ·Å  ¶­ ¶± ¶º ¶± ·Å   ¶”° ¶¯ ·’ ¶» ·’ ¶º ·Å¡,  ·Æ’ ·’ ¶» ·’ ¶½ ¶Å¡ ·Å   ¶¸ · ¶­ · ·â‚¬  ¶¸ ·Å¡  ¶Å ·Å ¶© ¶± · ¶”š ·â‚¬ ·â„¢ ¶±  ¶» ¶§  ¶» · ¶Å¡ ¶Å · ¶± ·” ¶¸ ¶§  ·Æ’ ·” ¶¯ · ¶± ¶¸ ·Å   ¶¢ ¶± ¶­ · ·â‚¬ ¶Å¡ ·Å   ¶”° ¶½ ·Å  ¶½ ·  ·Æ’ ·’ ¶§ ·”.  ¶‘ ·Å   ¶”° ¶½ ·Å  ¶½ ·” ¶¸ ¶§  ¶… ·â‚¬ ¶± ¶­ ·â‚¬,  ¶Å¡ ¶§ ¶º ·” ¶­ ·”  ¶Å¡ ·’ ¶» ·” ¶¸ ¶§  ·Æ’ ·” ¶¯ · ¶± ¶¸ ·Å   ¶¢ ¶± ¶­ · ·â‚¬  ¶¸ ¶­,  ¶¸ ·”ž ·  ·â‚¬ ·’ · · ¶½  ·â‚¬ ¶Å ¶Å¡ ·” ¶¸ ·Å   ·Æ’ ¶¸ ·Å  ¶· · ¶» ¶º ¶Å¡ ·Å   ¶´ · ·â‚¬ ¶» ·”  ¶­ ·’ ¶¶ ·Å¡.  ¶’ ·â‚¬ ·  ¶¸ ·Å ¶± ·â‚¬ · ¶¯? 

 ¶» ¶§ ¶§  ·”ž ·Å ¶» ·” ¶± ·Å ,  ¶¶ ·Å¡ ¶¶ ¶¯ ·Å  ¶¯ ¶± ·Å ,  ¶¯ ·” ·”š ·’ ¶­ ¶º ¶± ·Å   ¶º ¶±  ·Æ’ ¶¸ · ¶¢  ¶´ ·’ ¶½ ·’ ¶Å¡ · ·â‚¬ ¶± ·Å   ¶”¹ ¶» ·” ¶¸  ¶Å¡ ¶» ¶± ·Å  ¶± ·Å¡,  ·Æ’ ¶¸ · ¶¢ ¶º  ¶­ ·” ¶½  ¶… · ¶­ ·’  ¶´ ·â‚¬ ·” ¶½ ·Å   ·Æ’ ¶”š ·Æ’ ·Å  ¶® · ·â‚¬ ¶º ·’.  ¶… ¶¸ ·Å  ¶¸ ·  ·”ž ·  ¶­ · ¶­ ·Å  ¶­ ·  ¶º ¶±  ¶´ · ¶½ ¶Å¡ ¶º ·’ ¶± ·Å   ¶´ ¶­ ·Å   ¶Å¡ ¶» ¶± ·Å  ¶± ·Å¡,  ·â‚¬ ·Æ’ ¶»  ¶´ ·”ž ·â„¢ ¶± ·Å   ¶´ ·”ž ¶§  ¶¢ ¶± · ¶° ·’ ¶´ ¶­ ·’ ·â‚¬ ¶» ·” ¶± ·Å   ·”ž ·  ¶… ¶Å ¶¸ · ¶­ ·’ ·â‚¬ ¶» ·” ¶± ·Å   ¶´ ¶­ ·Å   ¶Å¡ ¶» ¶±  ¶… · ¶Å¡ · ¶» ¶º ¶§  ¶± ·Å ·â‚¬ ·Å¡.  ·Æ’ ·Å  ·â‚¬ ¶· · ·â‚¬ ¶º  ·â‚¬ ·’ ·Æ’ ·’ ¶± ·Å   ¶¸ ·â„¢ ¶¸  ¶”¹ ¶­ ·Å  ¶­ ¶» ·” ¶­ ¶»  ¶´ ¶¯ ·â‚¬ ·’  ¶’  ¶’  ¶´ ·” ¶¯ ·Å  ¶Å ¶½ ¶º ·’ ¶± ·Å  ¶§  ¶”¹ ¶» ·” ¶¸  ¶Å¡ ¶»  ¶… · ¶­ ·Å  ¶­ ·Å¡,  ·â‚¬ ·’ · · ¶½  ¶¶ ¶½ · ¶´ ·Å ¶» ·Å ¶­ ·Å  ¶­ ·”  ·Æ’ ¶¸ ·” ¶¯ · ¶º ¶Å¡ ·Å   ·Æ’ ·”ž ·’ ¶­ ·â‚¬ ¶º.  ¶… ¶¸ ·Å  ¶¸ ·  ¶± · ¶¸ ¶­ ·’  ¶´ ¶¯ ·â‚¬ ·’ ¶º  ¶½ ¶¯  ¶­ · ¶± ¶­ ·Å  ¶­ ·’ ¶º  ·”ž ·  ¶­ · ¶­ ·Å  ¶­ ·  ¶± · ¶¸ ¶­ ·’  ¶´ ¶¯ ·â‚¬ ·’ ¶º  ¶½ ¶¯  ¶­ · ¶± ¶­ ·Å  ¶­ ·  ¶¯ ¶» ¶± ·Å  ¶± ·Å¡  ¶¸ ·” ¶½ ·”  ¶» ¶§ ·Å¡ ¶¸  ¶… ¶± · ¶Å ¶­ ¶º  ¶Å ¶¸ ¶± ·Å   ¶Å¡ ¶» ¶±  ¶¯ ·’ ·Æ’ · ·â‚¬  ¶­ ·” ¶» ¶« ¶º  ¶Å¡ ·’ ¶» ·” ¶¸ ¶º ·’.

 ¶… ¶¸ ·Å  ¶¸ ·  ¶´ ¶¯ ·â‚¬ ·’ ¶º  ¶½ ¶¯  ¶… ¶¸ ·Å  ¶¸ ·  ¶­ ·” ¶½  ·Æ’ ·Å  ·â‚¬ ¶· · ·â‚¬ ¶º  ¶… ¶´ ·Å¡ ¶Å¡ ·Å  ·”š ·  ¶Å¡ ¶½  ¶… ¶¸ ·Å  ¶¸ ·  ¶± · ¶­ ·Å  ¶± ¶¸ ·Å ,  ¶¸ ·” ¶½ ·”  ·Æ’ ¶¸ · ¶¢  ¶º · ¶± ·Å  ¶­ ·Å  ¶» ¶± ¶º ¶¸  ¶¶ ·’ ¶¯  ·â‚¬ ¶§ ·Å  ¶§ ·â‚¬ ·  ¶± ·’ ·â‚¬ ¶§  ¶± ·’ ¶º · ¶½ ·”  ¶¢ · ¶­ ·’ ¶º ¶Å¡ ·Å   ¶» ¶§ ¶§  ¶”¹ ¶» ·” ¶¸  ·â‚¬ ·Å¡.  ¶‘ ¶¸ ·â„¢ ¶± ·Å  ¶¸  ¶­ · ¶­ ·Å  ¶­ ·  ¶­ ·” ¶½  ·Æ’ · ¶¶ ·‘  ¶… ¶¸ ·Å  ¶¸ ·  ¶Å¡ ·â„¢ ¶± ·â„¢ ¶Å¡ ·Å   ¶… ¶´ ·Å¡ ¶Å¡ ·Å  ·”š ·  ¶Å¡ ¶» ¶±  ¶­ · ¶­ ·Å  ¶­ ·  ¶± · ¶­ ·Å  ¶± ¶¸ ·Å ,  ¶´ ·â‚¬ ·” ¶½ ·Å   ·Æ’ ¶”š ·Æ’ ·Å  ¶® · ·â‚¬  ¶¶ ·’ ¶¯  ·â‚¬ ¶§ ·Å  ¶§ ·â‚¬ ·,  ¶… ¶¸ ·Å  ¶¸ ·  ·â‚¬ ·’ ·Æ’ ·’ ¶± ·Å   ¶”° ¶§ ·” ¶Å¡ ·’ ¶» ·” ¶¸ ¶§  ·â‚¬ ·â„¢ ¶»  ¶¯ ¶» ¶«,  ·â‚¬ ¶Å ¶Å¡ ·” ¶¸ ·Å   ¶… ¶© · ¶½  ¶Å¡ ¶» ¶º ·’.  ¶¸ ·â„¢ ¶º  ¶´ ·â‚¬ ·” ¶½  ·â‚¬ ·’ ¶± · ·  ¶Å¡ ·’ ¶» ·” ¶¸  ·”ž ·  ¶» ¶§  ·â‚¬ ·’ ¶± · ·  ¶Å¡ ·’ ¶» ·” ¶¸  ·Æ’ ¶¸ ¶Å  ¶… ¶­ ·Å  ·â‚¬ · ¶½ ·Å   ¶¶ · ¶¯ ¶Å ¶­ ·Å ,  ·â‚¬ · ¶¯ ¶Å ¶­ ·Å   ·Æ’ ¶”š ·Æ’ ·’ ¶¯ ·Å  ¶° ·’ ¶º ¶Å¡ ·’.  ¶‘ ¶¸ ¶± ·’ ·Æ’ ·  ¶¸ ·â„¢ ¶» ¶§  ¶¯ ·â„¢ ¶¸ ·â‚¬ ·Å  ¶´ ·’ ¶º ¶± ·Å   ·Æ’ ¶­ ·”  ·â‚¬ ¶Å ¶Å¡ ·” ¶¸ ·Å¡  ¶¸ ·”ž ·  ¶¶ ¶½ ¶º,  ¶¯ ·â„¢ ¶¸ ·â‚¬ ·Å  ¶´ ·’ ¶º ¶± ·Å   ¶¸ ¶± · ·â‚¬  ¶… ·â‚¬ ¶¶ · ¶°  ¶Å¡ ¶»  ¶Å ¶­  ¶º ·” ¶­ ·” ¶º.  ¶­ ·Å ¶§ ·’ ¶½ ·Å  ¶½  ¶´ ¶¯ ·â‚¬ ¶±  ¶… ¶­  ·Æ’ · ¶¶ ·‘  ¶½ ·â„¢ ·Æ’ ¶¸  ¶» ¶§  ¶´ · ¶½ ¶± ¶º  ¶Å¡ ¶» ¶±  ¶¶ ·â‚¬  ¶… ·â‚¬ ¶¶ · ¶°  ¶Å¡ ¶»  ¶Å ¶­  ¶º ·” ¶­ ·” ¶¸ ¶º.

Eco-friendly scientific cooking could save about 60% energy

September 29th, 2013

Dr Hector Perera‚ ‚ ‚ ‚ ‚  London‚ 

I am sure that anybody can understand energy can be saved with low fire cooking. There are many acceptable reasons why one should cook on low fire. Then only juice in foods such as vegetables and meat come out slowly, ooze out then slowly react with the spices or margarine or butter etc. Many people just put fire at full blast and cook then likely to burn the whole thing because the liquid evaporates quickly. Sometimes I leave the food to cook very slowly then does some work in the kitchen or else go to the computer or watch the TV. The other thing is if anyone puts high fire, the spices and oil vapours escape quickly and deposit on the person who cooks. When they walk about they might smell like a mobile kitchen. My method helps to cook food better, slowly, save electricity and gas, have time to do other things and you do not get curry smell or oil smell on the clothes and on the face and hair. The Sri Lankan ladies open the boiling curries such as chicken, beef and fish then they are likely to get a shower of curry and spicy smell. I have witnessed their cooking so I am aware of the mistakes they make.

Would these people understand that cooking involves lots and lots of chemistry, chemical reactions and science? To me all foods are nothing but chemicals such as carbon, hydrogen, oxygen combined to form different chemicals. What chemical elements are in carbohydrates? Mainly it is nothing but carbon, hydrogen and oxygen combination then meat or fish is protein. Proteins are large biological molecules consisting of one or more chains of‚ amino acids.

Elements in food

That again has carbon, hydrogen, oxygen then nitrogen and some phosphorus plus other chemicals in small proportions. To me cooking means a series of chemical reactions.‚  In the synthesis of organic chemicals some chemicals are reacted together then certain bonds break and new bonds are formed in the new compounds. Take a very simple day to day chemical reaction such as making pickle. You add vinegar, a little sugar, salt and warm with some vegetables such as green chillies, onions and carrots. Remember it-â„¢s warmed but not cooked then they are bottled or put in a large clay pot, sealed and left for few days. One cannot forget about the appetizing smell of pickle after a few days due to the formation of an ester called ethyl ethanoate. Some TV cooks come and hastily just add this and that without any chemical knowledge, hardly any qualitative and quantitative aspect. They put too much heat while cooking but those chefs don’t understand that foods are bad conductors so heat goes through them slowly. You need to put medium or low heat then only some juices ooze out of the food and other spices absorb in then there is an inter change of juices that ooze out. Some gets in while some get out. Cinnamon and cloves each has 18 different aromatic chemicals which are very sensitive to temperature. I am not going into the other chemicals in other spices or what-â„¢s in vegetables and meat because too many to mention over here. The spices and the cooking ingredients have complicated different chemicals. They react with the food in many different ways, some absorb some stay on the surface and we call it adsorp for both these terms we call it chemisorption.‚  I am sure some chemical bonds break while new ones are formed due to interactions. After a while that results a nice tasty dish. Why boiling curries are opened?

When a cooking pan with boiling food is opened, all the chemical vapours that are supposed to be reacted with the food or supposed to be reacted together escape then it is likely to get deposited on the face of that person who cooks. Our so called Sri Lankan ladies open these boiling chicken curries and get a shower of CHICKEN COLOGNE and SPICY COLOGNE then walk up and down as if they walk on CAT WALK but smelling like a MOBILE KITCHEN. Who would like that? You must not open boiling curries, leave it to settle the steam then open if they wanted to mix it. When these curries are boiling these ladies get a high temptation to open so they wait desperately to open, perhaps to get a shower of beauty therapy aroma, OK if not why they open them while they are piping hot? If they wanted to mix them, just give a few minutes to settle down then do it. In science we call the molecules have high entropy when it-â„¢s boiling and very hot. At that time molecules have higher molecular speeds due to gain of heat that means they have high kinetic energy. A microscopic interpretation of Gay-Lussac-â„¢s law is as the temperature of a gas is increased, the velocity of the molecules is also increased. More molecules hit the sides of the container, each with a greater impulse, so that the‚ pressure‚ increases. If the container has something like rice, cooking curries like chicken or vegetables then they hit on them as well with that speed. That is how they get cooked.

Speeds of molecules are faster than jets

The quantity‚ urms‚ is called the‚ root-mean-square (rms) velocity‚ because it is the square root of the mean square velocity. The rms velocity is directly proportional to the square root of temperature and inversely proportional to the square root of molar mass. Thus quadrupling the temperature of a given gas doubles the rms velocity of the molecules. Doubling this average velocity doubles the number of collisions between gas molecules and the walls of a container as well as with the contents in the vessel.‚  It also doubles the impulse of each collision. Thus the pressure quadruples. This can be indicated graphically but not shown here. Pressure is thus directly proportional to temperature, as required by Gay-Lussac-â„¢s law. When you open the lid of a boiling curry or even rice, the vapours escape, temperature is lost, pressure decreases. Perhaps it takes a longer time to cook and energy is wasted.

They have results for oxygen and hydrogen molecules speed at 27 C. It is interesting to find out that the rms velocities 1927m s-“1‚ and 484ms-“1‚ corresponds to about 4300 miles per hour and 1080 miles per hour, respectively. The O2‚ molecules in air at room temperature move about 50 percent faster than jet planes, and H2‚ molecules are nearly 4 times speedier yet. Of course an O2‚ molecule would take a lot longer to get from New York to Chicago than a jet would. Gas molecules never go far in a straight line before colliding with other molecules.

Cooking and chemistry are interconnected

You may have thought you left physics and chemistry behind when you left school, but if you want to eat well, you need to understand that cooking is all about physics and chemistry, with a little magic mixed in. Here are some foundation concepts every outdoor cook needs to know.

What is cooking? Cooking is the process of changing the chemistry of food usually by transferring energy in the form of heat to the food long enough so that it is safe and digestible, and achieves the desired flavor, texture, tenderness, juiciness, appearance, and nutrition.‚  There are five ways heat cooks food.‚ Food gets hot when molecules vibrate so fast that their temperature rises. Heat is transferred to food by means of‚ conduction, convection, radiation, excitation, and induction.

What ever it is I will let the public know the technique of energy saving. I am able to save about 60% energy wasted in cooking certain things only but not baking and grill cooking. How many people in Sri Lanka, India, England, Europe, Australia and America eat pasta, rice, spaghetti then chicken curries and vegetable curries? If I am not mistaken many millions of people eat that kinds of food. In that case I am able to show the people how to cook these things with 40% gas or electricity and save energy and time as well. How do I know because I practice the technique at home that is I cook that way? May be a small amount gas and electricity is used for cooking in cold weather countries the rest is for heating. If they eat nothing but junk food no gas or electricity are used for cooking so they are not worried about energy saving cooking. In countries like Sri Lanka and India no energy is used for heating houses but used gas and electricity mainly for cooking only. If anybody needs to know how to cut down energy wastage then please contact me. Why these so called energy experts are do not come forward and inquire what I am talking about? Here I am trying to help and if the authorities are not interested then the general public also cannot benefit from my eco-friendly scientific cooking.‚  May be the authorities are not interested due to political, economic and other hidden reasons. Your comments are welcomed perera6@hotmail.co.uk

JUDGMENT ON LAND – STORY UNTOLD

September 28th, 2013

by Gomin Dayasri-Courtesy Island

September 28, 2013, 4:25 pm

“And thus I clothe my naked villainy
With odd old ends stol-â„¢n out of holy writ;
And seem a saint, when most I play the devil.”
?‚ William Shakespeare, Richard III

My cocker spaniel was named Junius Richard (JR) to commemorate an event that is etched in memory without any adoration or affection – for holding a duplicitous referendum instead of a general election to retain a 5/6 majority held in parliament for a another term. During that sordid phase, when he carried the 13th Amendment at the behest of the Indians, the then President looked as pathetic as his hunchback namesake Richard III sketched by Shakespeare. [-ËœAnd every tale condemns me for a villain-â„¢- Shakespeare].

As counsel in the North/East de-merger and land cases arising from the 13th Amendment, it will be unfair of me not to posit the kings and knights in their proper squares on the chessboard for history-â„¢s sake. Few know the background to the past.

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Unpardonable, screamed the nationalists, in giving Land (“this land belongs you, this land belongs to me, this land belongs to all of us, to live in harmony-â„¢-“local ditty) to a territory that included a dogmatic group that classified it as their exclusive homeland. I bow my head in shame.

Enigmatic Richard III was a two-dimensional character on stage rather than in life; more so in death after his tortured torso was excavated this year buried under a Leicester car park, site of the former Greyfriars Abbey. Did the local Tricky Dicky devolve Land to the province or steadfastly hold on to it in his name? Was the old fox truly wily? No. Just plain stupid.

Brothers Jayewardene – JR (Dicky)& Harry, botched a chance to exploit an unintended bounty that fell at their feet thanks to an Indian misadventure. They failed to unravel a treasure trove that was within their grasp, if interpreted correctly, that would have made them legends in their lifetimes. Unknowingly they saved the country; knowingly they ruined it.

Astute Harry Q.C slept over it ignorantly but the lesser lawyer, elder brother JR, grafted from India a flawless script on Land to work on. This he blindly accepted but gave space to save the country. Bless him. We- including I – were daft and stupid in waiting for so long to dismember it.

We owe it all to a man who insisted on a revisit to the chapter on Land. I shall gratefully reveal that deserving name on another day. For now this story needs to be kept short.

The recent decision of Superintendent Stafford Estate vs Rasu (SC 12/2013) has created an impact similar to the finding of a deformed skull of Richard III while digging for the remains of a discredited monarch. J.R. Jayewardene stands vindicated after being cremated. Supreme Court has enhanced its image posthumously.

As a fierce opponent to his appointment statecategorically the presentChief Justice-â„¢s judgment can stand strong against any legal scrutiny internationally and locally: outstanding as he followed theguidelines offered.

Thirteenth Amendment shifted Land from the Centre to the Periphery – was the ready reckoner. UNP Government nonchalantly remained silent: absorbing the lamentation of the majority. On a surface scratch it appeared to be so, an eerie silence confirmed it. Minister Gamini Jayasooriya resigned accusing of deceit and duplicity in the Indo-Sri Lanka accord. Interfering Rajiv Gandhiwent home after the shock and awe treatment despised by all in the land of Ravana. UNP government bent backwardsto slow track devolution amidst terrorism: JR died remembered as the traitorous man who sold the country.

LTTE in possession of a substantial portion of the land was not tickled by constitutional manipulations. TULF balancing to survive under the LTTE yoke and the Indian sway – played it opportunistically: dismissing it palpably and restating it opaquely: satisfying competing forces. TNA shows its true intent presently; enjoying the freedom denied by former terror controllers before whom they succumbed. With LTTE no more: they cry for the 13th they once decried (except for Anandasangaree); they have no alternate but fiddle India to regain the land lost.

TNA should blame India for not achieving their objective – for sure they wont; Sri Lanka is their permanent punching bag: while absolving India. TNA waited to lunge for the tape at the finishing line (where they were positioned before the judgment) and do a lap of honour after the elections with the land in their pocket. They will dare not fault the Indians for the flaw: instead pressurise to make Sri Lanka remake the lost ground. Ifthe Indians are smart, may askwhy the counsel in the case, TNA lawyer/M.P, provided no legalresponse on his feet in the case?- The place and time to lay it down steadfastly. Don-â„¢t faulthim; he could say little, as JR-â„¢s transcript was word perfect.

In a hasty ill-judged ruling [John Keels case] Chief Justice Sarath Silva misconstrued the interpretation of the term Land in the 13th Amendment.

Sarath Silva was an outstanding judge contributing substantially to the rise and fall of the legal system.His judgment in the de-merger case made under pressure was perfect. None said it was faulty: JR crumbled the merger based on poor legal fiction.

The challenge to aBill by a few Provincial Chief Ministers/Ministers of this government in the Land Ownership Bill including a few SLFP leaning lawyers enabled the Chief Ministers to take control of the lands in their provinces [President take note, they are your lads!].

A more enlightened Bench of Justices Mark Fernando, A.R.B. Amerasinghe and S.W.B Wadugodapitiya [Agrarian Services Bill] came within sniffing distance of decoding the latent cryptography in the script of the 13th amendment, but instead skirted around and decided to save it for another day. That sunny day never came and the ignorant despondency persisted.

Present Supreme Court walking on a guided path located the lost paradise; brought it out in its glory to public pasture.

The present judgment has restored all state lands back to the Central Government in keeping to the letter of the constitution. If justification is sought on the -Ëœspirit-â„¢ on which it was enacted: a pictorial will show pistols at the head and daggers at the chest. In constitutional interpretation,-Ëœspirit-â„¢ is in the realm of a voodoo cultand a call goes to the hocus-pocus man to the tap the super natural, if such is the agenda. Say a good word and pass merit in the memory of JR, unknowingly and unintentionally passed an immaculate script that led to a distorted plot.

Every inch of this land belongs to every inhabitant, irrespective of caste or creed or conviction and has an equal right to access on parity. Ataste of Tesawalamai,where discrimination still abounds is anachronistic and antiquated under the equal playing fields.

Sri Lankansemerge gloriously when they are cornered and await a pasting against the wall. Only then do Sri Lankans pick their grit and guts to respond gallantly to mend and mince. Otherwise- whether it is a legal misnomer or terrorists-â„¢ onslaught-” they take it imperturbablyyielding away inherent rights indifferently.As embedded in history, Sri Lanka is a triumphant nation with indefatigable people that can be bruised but not crushed.

“We don-â„¢t want fight, but by jingo if we do: We-â„¢ve got the stuff: We-â„¢ve got the men: We-â„¢ve got the pluck to match”- [Adapted]

” · ·Å - ¶» ·”  ¶½ ¶”š ¶Å¡ · ·â‚¬ ·Å¡  ¶± ·’ ·”š ·Å  ¶´ · ¶¯ ¶± ¶º  ¶Å¡ ·…  ·â‚¬ ·’ · · ¶½ ¶­ ¶¸  ·â‚¬ ·’ ¶¯ ·” ¶½ ·’  ¶§ ·Å - ¶» · ¶± ·Å  ·Æ’ ·Å  ·”  · ¶¸ ¶» ·Å   ¶­ ·Å ¶Å ¶º  ¶”° ¶­ ·’ ¶º · ¶´ ·’ ¶º · ·â‚¬ ¶§  ¶… ¶´ ¶± ¶º ¶± ¶º  ¶Å¡ ·â„¢ ¶» ·Å¡”

September 28th, 2013

The Media Team Ministry of Power & Energy

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C-”¹hristians are -Ëœalways the scapegoat-â„¢: Mideast church leaders reject war with Syria

September 28th, 2013

BY‚ HILARY WHITE, Courtesy LifeSiteNews.com

ROME, August 29, 2013 (LifeSiteNews.com) -” The head of the Maronite Catholic Church has accused the West of deliberately fomenting sectarian unrest in the Middle East for economic reasons and at the expense of millions of Christia

Speaking from Lebanon, where thousands of Syrians have fled the conflict in their country, Patriarch Cardinal Mar Bechara Boutros al-Rai, the Maronite (Lebanese Catholic) Patriarch of Antioch, went so far as to say that there is a plot originating in the West to destroy the Middle East.

The patriarch told Vatican Radio of his fears of a plan to destroy the Arab world for what he said were -political and economic interests,- saying he had already written to the pope twice warning of this.

The West, for reasons of economics, have contributed to the -wars without end- in the Middle East -by giving billions of dollars to the [Egyptian] Muslim Brotherhood, so that they could get into power.-

He added that in such conflicts in the Middle East, it is always the indigenous Christian populations who suffer most, -as if they were always the scapegoat.-

-As always, when there is chaos or war, Muslims in general attack Christians, they use them as scapegoats. I am sorry, but in Egypt the Muslim Brotherhood were the ones to attack Coptic churches -” and Copts as well. Unfortunately this is the mentality of certain Muslims: every time there is a situation of chaos, Christians are attacked without even knowing why.-

-There is a plan to intensify inter-confessional conflict in the Muslim world, between Sunnis and Shi’ites,- he told Vatican Radio this week. -Unfortunately this is a policy that comes from abroad. There are countries, especially Western ones but also Eastern ones, that are fomenting these conflicts.-

Cardinal Rai told Vatican Radio that the Christian presence in the Middle East has created what stability there is. –

Thanks to the presence of us Christians and our daily life in all these Arab countries, he said, -we have created a certain moderation in the Muslim world,- the cardinal said.

-We Christians,- Rai said, -have been living alongside Muslims for 1,400 years, and we have spread the human and moral values of multi-confessionality, plurality, and modernity in these lands.-

Now, however, they are seeing -the total destruction of everything that Christians have built over the past 1,400 years.-

-In Iraq, out of a million-and-a-half Christians, we have lost one million without hearing a word from the international community,- he added.

At the core of the crisis in the Middle East is the -grave moral and economic crisis- of the West. Its -distorted idea of progress- stems from its -distorted view of man,- a highly placed Catholic prelate in Egypt has said.

Monsingor Giuseppe Nazzaro, the Episcopal Vicar for the area of upper Egypt and Cairo and former Vicar Apostolic of Aleppo told the Italian paper La Perfetta Letizia that everything that is happening in Syria -comes from the inability to understand that peace is not achieved with war.-

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Inside Jerusalem’s Orthodox Patriarchate, Archbishop Theodosios (Atallah Hanna) of Sebastia, also referred to the -supporters- of the -ruthless terrorists- seeking to destabilize the Middle East.

He said that there are those who want to bring Syria and the whole Middle East back to an era of ignorance, a new -dark ages.-

The same groups setting fire to churches in Egypt are the ones who -want to destroy Syria.-

These -enemies of Syria,- he said aim at destroying the Arab communities and -national unity, and fraternity, and religious values.-

 

Sri Lanka receives broad cross-regional support in the HRC on substantive progress in the reconciliation process

September 27th, 2013

Permanent Mission of Sri Lanka in Geneva

‚ Sri Lanka received strong cross-regional support in the Human Rights Council from countries in Asia, Africa and Latin America on Thursday ( 26 September 2013) which uniformly welcomed and commended the country-â„¢s significant progress achieved in the reconciliation process.

Speaking at the General Debate under Agenda Item 10 which followed the previous day-â„¢s presentation of the Oral Update of the High Commissioner for Human Rights on -Promoting Reconciliation and Accountability in Sri Lanka- as well as Sri Lanka-â„¢s statement in response as the country concerned by Ambassador Ravinatha Aryasinha, Permanent Representative to the UN in Geneva, Asian, African and Latin American countries specifically commended the progress achieved by the Government of Sri Lanka in rehabilitation, resettlement, resolution of land issues, demining, livelihood development as well as addressing issues of accountability, and informed the Council that Sri Lanka needs to be commended and encouraged in the reconciliation process.‚  They also welcomed the additional 53 recommendations of the LLRC accepted by Sri Lanka in July this year within the framework of the National Plan of Action.

Additionally, Western countries too joined Asian, African and Latin American countries in welcoming the recent elections held in three provinces including in the Northern Province, and commended the Sri Lankan Government for the cooperation extended as well as the unfettered access provided during the visit of High Commissioner Navanethem Pillay to Sri Lanka in August this year. The Philippines, Egypt and Kuwait noted with satisfaction that after her visit to Sri Lanka, the High Commissioner herself has acknowledged and commended the progress made by Sri Lanka in many areas in the reconciliation process.

Countries including Pakistan, the Russian Federation, Cuba, Bolivia, Venezuela and Belarus highlighted the fact that the High Commissioner-â„¢s Oral Update which is the result of Council resolution 22/1 on -Promoting reconciliation and accountability in Sri Lanka- was rejected by Sri Lanka as the country concerned and recalled that it emanated from a politicised process and mandate rather than an objective assessment of the situation on the ground.‚  Some of these countries recalled that at the time of the resolution-â„¢s adoption with a vote in the Council, they had expressed their strong reservations and concerns on it.‚  They also recalled that the work of the Council must be based on the principles of cooperation and genuine dialogue.

Australia indicated its -Ëœ-â„¢strong view that engagement, not isolation, is the most effective way to promote human rights in Sri Lanka-.

Azerbaijan noted the recent measures taken by Sri Lanka on the promotion and protection of human rights, and expressed the belief that all measures in the Council should be taken within a climate of mutual understanding and constructive cooperation.

Belarus while strongly rejecting the Update of the High Commissioner as the outcome of a politicised mandate, called on the co-sponsors of the resolution on Sri Lanka to reassess their position and work in cooperation and genuine dialogue with Sri Lanka.

Brazil said it is encouraged by the reconciliation process in Sri Lanka, in which a range of measures were undertaken, including with regard to implementing the recommendations of the LLRC including acceptance of an additional 53 recommendations in July.‚  Brazil also identified significant progress in areas such as IDP resettlement, reconstruction, demining, resolution of land issues, among others.

China while commending the Sri Lankan Government for the substantive progress achieved in many areas in the reconciliation process, highlighted that the primary responsibility in promoting human rights lies with the country concerned.

Cuba while commending the Sri Lankan Government for the progress achieved and elaborating on numerous measures, indicated that it is against politicised selective measures undertaken in the Council against Sri Lanka.

Egypt while appreciating the genuine commitment the Sri Lankan Government has demonstrated to the reconciliation process through a range of substantive measures undertaken, also reiterated that any action taken in the promotion and protection of human rights of a country must have the consent of that country, and be based on the principles of cooperation and genuine dialogue which govern the Council as stipulated in GA resolution 60/251 and the Institutional Building package.

Indonesia welcomed Sri Lanka-â„¢s continued engagement with international human rights mechanisms, and appreciated -Sri Lanka-â„¢s regular update on the progress and challenges-, both at the Council and at the Universal Periodic Review sessions.‚  Indonesia also extended its solidarity and best wishes to the people and Government of Sri Lanka in their future endeavours in promoting and protecting human rights.

Japan while welcoming the visit of the High Commissioner to Sri Lanka, and appreciating the important progress in reconciliation including the holding of the Northern Provincial Council elections, commended the Sri Lankan Government-â„¢s announcement to accept visits by Special Rapporteurs on IDPs and Education. On the implementation of the LLRC Action Plan Japan said it would be beneficial for Sri Lanka to make use of the support of the OHCHR in this process, and that Japan also remains committed to to providing necessary support for Sri Lanka.

Kuwait welcomed the holding of elections in the 3 provinces among other measures taken by Sri Lanka, and expressed support to Sri Lanka in its continued efforts in strengthening the democratic process despite numerous challenges.

Myanmar while expressing its firm belief that -constructive engagement and genuine dialogue would be the best way forward-, noted that Sri Lanka -deserves due recognition for the progress achieved so far- in reconciliation.

New Zealand welcomed Sri Lanka-â„¢s -on-going transformation from a situation of conflict to a focus on building peace and development-, and indicated that it -was pleased to see that the Government-â„¢s substantive progress on resettlement, reconstruction and rehabilitation has been acknowledged-.

Norway indicated that the high turnout of voters in all three provinces holding elections is -an important milestone for the democratic process in Sri Lanka-.

Pakistan informed the Council that notwithstanding Sri Lanka-â„¢s non-recognition of the resolution 22/1, it notes that the Government of Sri Lanka has demonstrated its genuine commitment to the reconciliation process within the framework of its domestic process of reconciliation, and expressed the belief that -the progress achieved by Sri Lanka in the aftermath of the victory against terrorism, outweighs the challenges, and it should be commended.-‚  Pakistan added that it is regrettable that the High Commissioner-â„¢s Oral Update does not give due regard, recognition nor acknowledgement to the significant progress made by Sri Lanka in the reconciliation process.

The Philippines commended Sri Lanka -for its relentless efforts to advance, protect and fulfil the human rights of its people and its demonstrated commitment to the reconciliation process-, and added that they were encouraged notably by the 2012 provincial GDP growth rate of 25.9 percent and 25 percent of the Northern and Eastern provinces, respectively.

The Russian Federation in its statement informed that it is against the consideration of Sri Lanka in the Council, and noted that it cannot agree with some of the assertions in the High Commissioner-â„¢s Update which can be construed as going beyond her mandate.‚  The Russian Federation also highlighted that the successful holding of the provincial council elections in the North where the Tamil party won was only possible after the defeat of terrorism by the Government which has brought peace to the country with no bomb explosions or terrorist attacks having taken place in Sri Lanka in the past four years.

South Sudan appreciated -the significant progress made by the Government of Sri Lanka towards reconciliation and accountability-, and commended its endeavours in promoting human rights of the entire population.

Thailand welcomed the Sri Lankan Government-â„¢s acceptance of additional recommendations made by the LLRC and its commitment to implement them within the National Plan of Action.‚  Thailand also noted that they knew -from experience that reconciliation will take time-. Thailand said it was pleased to learn of the Government’s dialogue with the Working Group on Enforced Disappearances to address the cases of disappearances.

Uzbekistan noted that the international community must take note of the progress achieved by Sri Lanka in the reconciliation process, and among other measures welcomed the creation of a Ministry of Law and Order.‚  Venezuela while commending the Government of Sri Lanka for progress, strongly rejected interventionist attempts at internal processes emanating from politicised mandates.

Geneva

27 September 2013

Permanent Mission of Sri Lanka in Geneva

56 Rue de Moillebeau

Why Navi Pillai Has Truly Overstepped Her Metes And Bounds To Become An Abomination In Sri Lankan Matters.

September 27th, 2013

LankaWeb Weekly Editorial,

September 28th.2013
The UN Human Rights Chief Navinethem Pillay-â„¢s assertion that “if certain concerns are not comprehensively addressed, she believes the international community will have a duty to establish its own inquiry mechanisms” has come under fire from Sri Lanka-â„¢s Permanent Representative to the UN in Geneva Ravinatha Aryasinha‚  who has strongly repudiated‚ her claim as broadcast‚ on many world news sources as well as Sri Lanka News where‚ he has‚ pointed out that she has no mandate to make such a claim.

He must in this respect surely have the backing of all sensible and cognizant Sri Lankans all of one mind that Ms. Pillai has merely left behind a trail of disaster through the seeds of discontent she has sown to attract the attention of the international community albeit the impact of such actions which could only be to her detriment as invariably she cannot substantiate the accusations she has so blatantly made against the GOSL in overstepping her metes and bounds.

Furthermore it has veritably been pointed out in response to Ms Pillay-â„¢s remarks, by the‚ Sri Lankan Permanent Rep ‚ in Geneva ‚ Mr Aryasinha‚ that quote‚ -having brought normalcy to the lives of the civilian population, the Government Of Sri Lanka has also taken positive steps to address issues of accountability. The GOSL strongly repudiates the High Commissioner-â„¢s assertion that if certain concerns are not comprehensively addressed‚  although she believes -Ëœthe international community will have a duty to establish its own inquiry mechanisms-â„¢.” end quote which of course is an unsubstantiable threat given all the related facts where if Sri Lanka was truly and provablty culpable of her accusations by now there would be an inquiry heralded by the International Tribunal at the Hague which there isnt‚ and on which basis she should really put a sock on her accusations!!.

The main reason why the seemingly agitated Ms.Pillai, coerced to the hilt by those who champion her in Tamil Nadu, the Tamil global diaspora in quest of a recussitation of the so called Tamil struggle for independence as well as the Tamil national Alliance~formerly and to all intents and purposes still are Tamil Tiger props and‚ has no mandate to make such a claim, is that all her agitations despite using all the clout she has as UN Rep. she has no tangible proof beyond the deliberately orchestrated lies and innuendo laced‚ sympathy videos et al‚ rejected by experts but amazingly she never gives up.

However as there was a conflagaration which claimed many lives applicable to both sides of the conflict there have been grievances presented to her from the Tamil community alleging inhuman and ruthless actions by the Armed Forces which is a reversible reaction perhaps as the attrocities of the Tamil Tigers by far exceeded the accusations pitted against the Forces which even the resigned Tamil community toeing the line of the GOSL today will admit to as part of‚ the unfortunate events contributing to the insurgency despite which life must go on which is visibly portrayed to those who care to focus accurately.
It may of interest to note that no such grievances despite a crying need for them was ever presented to her by the Sinhala and other ethnicities affected by the conflict where they too suffered huge casualties~ case in point!

It is this continuity of life in a developing Sri Lanka that HC Pillai has attempted to disrupt whether inadvertently or not‚ and in this sense becomes a very contentious individual who should rescind her accusations against Sri Lanka and acknowledge the common good for all citizens brought on by the present Administration while condoning it rather than criticising it.

Little does she realise that despite her high office in the UN and some feathers in her cap in the past where she has succesfully and objectively resolved rights issues, this time around relative to Sri Lanka, her transparencies as a biased and obnoxious campaigner stick out and are very visible to the discerning eye‚ that here is someone who has taken up a very impure cause in hounding Sri Lanka that has made every effort to resolve the Tamil issue yet only comes under fire from the sources named who are impediments and adversaries of Sri Lanka despite the huge inroads made into eliminating major national issues for the common good of all citizens.

Of course internally too there are those deadbeat opposition politicians often squabbling amongst themselves who take it upon themselves also‚ to post huge impediments towards this progress at every given opportinity simply towards their own agendas motivated by the hunger for power which has now eluded them for a very long time and will probably stay that way for even longer if the trend continues.

On behalf of the SL Government, Geneva’s Permanent Rep Mr.Aryasinha in a very appreciable manner‚ has concluded that quote ‚ “Multiple mechanisms to address accountability have been put in place and are in motion as a continuous progression from the LLRC process.The Sri Lankan Government strongly refutes the HC-â„¢s view that the human rights situation in Sri Lanka remains critically important. As pointed out many times in this Council by my delegation, the disproportionate attention paid to Sri Lanka, largely at the behest of parties with vested interests, considerably complicates the on-going delicate process of reconciliation. Sri Lanka is not a situation that requires the urgent and immediate attention of the Council. Sri Lanka needs to be encouraged, not impeded,‚ The GOSL strongly refutes the UNHRC HC‚ Pillai-â„¢s view that the human rights situation in Sri Lanka remains critically important. As pointed out many times in this Council by my delegation, the disproportionate attention paid to Sri Lanka, largely at the behest of parties with vested interests, considerably complicates the on-going delicate process of reconciliation. Sri Lanka is not a situation that requires the urgent and immediate attention of the Council. Sri Lanka needs to be encouraged, not impeded.” end quote
It is an endorsement towards the fact that Navi Pillai has‚ indeed overstepped her metes and bounds to become an abomination in Sri Lankan matters where there must surely be issues of far greater importance globally‚ which she‚ should focus her attentions on with of course the fervent hope she would not further compund them which she seems to be making a habit of !
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History of US Embassy -Ëœinterference-â„¢ in the internal affairs of countries

September 27th, 2013

Shenali D Waduge

If anyone has the guts to call a spade a spade it is Sri Lanka-â„¢s Defence Secretary, Mr. Gotabaya Rajapakse who has rightly pointed public attention to the US embassy in Colombo pursuing a political agenda. When countries had been henpecking Sri Lanka to hold elections in the name of -Ëœdemocracy-â„¢ after elections had been held the US embassy now claims -Ëœdemocracy is not simply about elections-â„¢. According to the Vienna Convention on Diplomatic Relations (1961) Article 41 diplomats cannot interfere in the internal affairs in the receiving country and is deemed a violation of diplomatic protocol.

Michele Sison is the present ambassador and joins a list of former others including Patricia Butenis and Robert Blake infamous for similar intrusions on the internal affairs of sovereign nations. Yet Ms. Sison seems to think that coming from a country now famous for functioning as a bull in a China shop, she has the right to do as she pleases and her record of interference covers meeting Muslim activists, NGOs in the East, exploring ways in which dissent can be created or manufactured which is what the US has been famous for over the years. If we strictly go by all principles of human rights, war crimes, crimes against humanity and the like -” the West in particular US, UK have to meekly acknowledge their shame it is ONLY because they have come to hold international laws, dictate international trade and international terms and concepts that they get away helped because the countries that we call the Third World are still struggling to decolonize themselves from always falling at the feet of these neo-colonial nations.

Powerful diplomats are today openly meeting politicians, entertaining NGOs/ minority groups and slowly creating a coterie of -Ëœyes-â„¢ men/women who would do the dirty work on their behalf against the nation. Yet, joining this list for lack of action unless prompted is Sri Lanka-â„¢s own foreign minister, who we are afraid to say belongs to the -Ëœunwinnable war-â„¢ group despite his new feigned role pretending to thank the armed forces for the war victory. We continue to question his true allegiance and possibly that of many others in the Government which strengthens our caution as to how many enemies are pretending to be friends and urges the Government to be wary. Let it not be forgotten that Gaddafi-â„¢s fate was tragically sealed by his own son who thought the West could be trusted and divulged information unknown to Gaddafi sealing the fate of the Gaddafi family and the Libyan nation -” anyone witnessing what the West has done to Libya would realize the fate that befalls nations if they place their trust in the West that has no respect or regard for Third World developing nations.

Sri Lanka has had its share of nosy parker diplomats -” India-â„¢s Dixit, David Gladstone of UK (declared persona non grata by President Premadasa), Dominick Chilcott, Weerth former Germany ambassador, Erik Solheim Norwegian special envoy are just some of the names that come to mind. ‚ 

Just in case there are some local stooges and colonial sycophants who will be quick to claim Sri Lanka is paranoid about -Ëœinterference-â„¢ and obsessed with -Ëœconspiracy-â„¢ theories the following newsheadings of complaints made all over the world by different countries on the same incursions, intrusions and interferences by US Embassy and Ambassadors will reveal true status quo. ‚ 

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Lebanese Member of Parliament Nawaf Mousawi accused the U.S. embassy in Lebanon on Sunday of meddling into Lebanese internal affairs (2010). “She does not commit to norms and diplomacy limits. The U.S. embassy in Lebanon is a state within the state,” he said. The Ambassador in question is the present US Ambassador in Sri Lanka Ms. Michelle Sison.

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Pakistan - Karachi students yesterday demonstrated before the US Embassy on Victoria Road against the -unwarranted interference- of the USA in the domestic as well as foreign affairs of Pakistan (September 2013)

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Ireland -” US Embassy funding Irish Gay rights group (September 2013)

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Cambodia accuses US Embassy of interference in elections (September 2013) -Ëœ-Cambodia is a sovereign country, and the parliament was elected by the people-¦ the US orders the Cambodian parliament to do this or that. It is unacceptable.-

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Yemen Accuses US Ambassador of Interference in Domestic Affairs

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  A group of Thai royalists has protested at the United States Embassy and United Nations office in Bangkok over what they say is interference in Thailand-â„¢s internal affairs.‚ Under the law, anyone found guilty of insulting the King, Queen, or Crown Prince of Thailand is punished with a mandatory 3 to 15 years in jail.

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  U.S. Embassy employee accused of spying flies ordered out of Moscow

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Blatant interference by the U.S. in Guyana-â„¢s internal affairs unacceptable – Our history has also shown that the U.S. was responsible for 28 years of suffering and dictatorship under PNC rule

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  China on Friday refuted an annual human rights report issued by the U.S. State Department, urging the United States to stop interfering in other countries’ domestic affairs by using human rights issues. China urged the U.S. side to examine its own human rights issues more and refrain from depicting itself as a human rights watchdog

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Iraq asks US embassy in Iraq to close down because of interference in internal affairs

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Bolivia, Ecuador Accuse U.S. Of Destabilization‚ Plots. Bolivia has been a thorn in the US-â„¢ side because of its anti-neoliberal and anti-imperialist policies, pioneered by President Evo Morales, the country-â„¢s first indigenous leader. Ecuadorian President Correa spoke out over the weekend, voicing concerns of a possible CIA plot to remove him in the run-up to governmental elections in February.

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Kenya -” US embassy interfering in vote tallying

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Ecuador’s foreign minister announced here Wednesday that U.S. Embassy First Secretary Mark Sullivan is being expelled for interfering in the internal workings of the Andean nation’s police. “Foreign minister, give this gentleman 48 hours to pack up his suitcases and get out of the country”.

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  U.S. Embassy official expelled from Venezuela for allegedly spying on the military

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  U.S. Embassy in Venezuela gave $ 10 million to the opposition in 2009 to counter the power of President Chavez-¦.the Embassy requests three million dollars more to increase efforts to connect with recently elected state and local authorities-¦the objective of the U.S. embassy in Venezuela was to work with oppositional authorities and mayor-â„¢s offices to -strengthen- them with money and strategic support from Washington -¦.5 million were aimed at support of local opposition authorities, 4 million -” to NGOs working with issues of human rights, democratic participation and student/youth movement of the opposition; and 1 million was used to support preparations for elections to the National Assembly in 2010

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Venezuela: WikiLeaks shows US use ‘NGOs’ to cover intervention. dozens of non-government organisations (NGOs) are financially maintained by US government-funded US Agency for International Development (USAID) and the Office of Transition Initiatives (OTI). This includes -over 300 Venezuelan civil society organizations-, ranging from disability advocates to education programs.

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Bahraini lawmakers have urged the government to stop the U.S. ambassador in Bahrain from “interfering in domestic affairs” and meeting government opponents

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Bahrain approves proposal to stop -Ëœinterference-â„¢ by US ambassador

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  U.S. ambassador interferes in Romanian impeachment process

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  CPI (M) -” India accuses US embassy of interfering in India-â„¢s internal policies.

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Tunisia -” Tunisians condemn US over interference in internal affairs

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  A TOP United States official has confirmed that his country is funding the local opposition and non-governmental organisations (NGOs) working inside Zimbabwe to effect regime change and install a pro-Western leader as has recently been the case in Ukraine and Iraq-¦.while testifying before the US House Sub-Committee on Africa, Global Human Rights and International Relations in Washington on April 21.

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Albanian judges accuses US of interference

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  US envoy to Philippines was expelled by Bolivia in 2008 for allegedly conspiring against the government of President Evo Morales.

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  The Bolivian government expelled U.S. Ambassador Philip Goldberg, following revelations that the U.S. Embassy in La Paz had asked Peace Corps volunteers and a Fulbright scholar to spy inside Bolivia, together with growing evidence, amid official secrecy, of U.S. funding for violent opposition groups [emphasis added]. President Morales declared in 2007 that USAID was directly funding efforts to undermine his government.

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  South Americans back Venezuela’s Maduro, blast US ‘interference’ says he has proof that the “US embassy is financing the ongoing protests”. Brazil’s former president Lula da Silva had acknowledged Maduro as the winner of the election and told the US not to interfere. “Americans should take care of their own business a little and let us decide our own destiny,”

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  US govt is sponsoring Aussie carbon tax activists

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  US embassy interfering in internal affairs of Sierra Leone (Wikileaks)

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  US bankrolled anti-Morsi activists : US money trail to Egyptian Spring. US channeled funding through a State Department programme to promote democracy in the Middle East region. This programme vigorously supported activists and politicians who have fomented unrest in Egypt, after autocratic president Hosni Mubarak was ousted in a popular uprising in February 2011. The State Department-â„¢s programme, dubbed by US officials as a -democracy assistance- initiative,

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  US Embassy backs US$2.5 million election assistance program for the Maldives

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Cambodia ‘threatens’ US-funded radio stations -” Radio Free Asia and Voice Of America of favouring opposition parties and promoting Washington’s foreign policy.

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Iran To Sue U.S. For CIA’s Role In 1953 Coup That Overthrew PM Mohammed Mossadegh

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Iran To Sue US For Funding Internal Opposition

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Deputy Commissioner of the Ministry of Foreign Affairs of the People-â„¢s Republic of China in the MSAR, has warned of -interference and intervention- by foreign institutions in the coming Legislative Assembly (AL) election.

‚ Quoting from the Strategic Culture Foundation by Wayne Madsen on article titled -ËœUS Government-supported election interference-â„¢ poignant areas highlighted were :

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  International Foundation of Electoral Systems (IFES) an NGO certifies elections as free and fair when US-backed candidates/political parties win but if they lose they organize massive protests and calls for sanctions

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  IFES said to be part of an international coalition of NGOs financially backed by George Soros-â„¢s Open Society Institute (OSI). IFES receives funding from National Endowment for Democracy(NED) and US Agency for International Development (USAID) through US State Dept-â„¢s Office of Transition Initiatives (OTI)

‚·‚ ‚ ‚ ‚ ‚ ‚ ‚ ‚  Wayne Madsen claims USAID contractor Development Alternatives Inc (DAI) has been linked to CIA destabilization in Cuba, Pakistan, Haiti, Bolivia, Indonesia and Venezuela and funded by Freedom House. Madsen also claims that DAI was also once the employer in Indonesia of Stanley Ann Dunham, President Obama-â„¢s mother whose official biography ignores her CIA clandestine work under DAI, USAID, Ford Foundation, and World Bank cover in Indonesia, Pakistan, Bangladesh, and India.

Please refer rest of article : http://www.strategic-culture.org/news/2013/04/22/us-government-supported-election-interference.html

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