JUDGMENT ON LAND – STORY UNTOLD
Posted on 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.
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]
September 28th, 2013 at 3:16 pm
Thank you Gomin.
Next is police powers. CRUSH police powers as well.
September 28th, 2013 at 3:27 pm
Thank you Sir, Gomin Dayasri…….I am elated happy & exhuberent with you article. This is the type of AWAKENING our Sinhala Buddhist, Some Tamils & Burghers, Muslims alike who love our Motherland need, at this hour.
13th Amendment in ANY FORM is NOT acceptable to vast majority of our people of all class & creed. THEN why there is not a concerted effort by our leagal minds to respond EFFECTIVELY & demand our HE President take firm action.
Unless he will enter like JRJ into Mahavansa or any other chronicle he so much aspire to be in as a loser. Here I am referring to OUR legal minds NOT only in Sri Lanka BUT many who live in Australia, USA, Canada & many other countries. Some have organizations completely involved in LANKAN affairs. Now it is the TIME before its too late, to get involved in removing ALL FOREGN VESTEGES from lanka.
True our President earned the right to hold the CHOGM even without complete consent of the masses. SOME feel CHOGM is a back door to insist some more previleges to Tamils & Mulims, under CLOAK of democratic rights, HUMAN RIGHTS or what have you.
There is no time to waste to bring the CULPRITS languishing in many countries as refugees or economic immigrants, who committed GRAVEST CRIMES against the STATE of SRI LANKA for over THREE decades. President has to make sure those people even rehabiltated are STILL post a threat to our sovereign nation, becasue f their ECONOMIC POWER & organizing skils & distrting the TRUTH.
With 4 to 5% of the TAMIL population it is TIME TO CLAW back already granted concessions to Tamils. They fall behind Muslims who are at least 7% or more population strength. There should NOT be any favours, granted to Tamils ONLY becasue of their present strength. If we were lukewarm in REMOVING the ones, we have already GRANTED, when their population was around 12%, why should give any more.?
Another irritating fact is that Tamils & Muslims including busienesses STILL control COLOMBO. From Colpetty to Tangalle, th sea front is all inhabited by Tamils & Mulims. Their power base, and Anglican power house should be dismanteled. THIS cannot be done by people who are gullable, and MONEY hungry UNPATRIOTS who depend on bribery & corruption. SRI LANKAN PATRIOTS should do this.
ONCE COLOMBO is liberated, as I hope our ABLE Defence minister under UDA can handle, most of the undesirables slowly but surely will leave. They should be in JAFFNA or in Eastern Province. They can go to TAMIL NADU or Pakistan as well. THEY cannot live in Sri Lanka & conspire, de-stablize lanka for ever.
THEN & THEN ONLY Sinhaese Buddhists can gain all we have lost to immigrant inavders. In some way takeover hotel TAJ the breeding ground for Indian hegomany. There are many more to UNDO, what INDIANS, Tamils & Mulims plus COLOMBO people, who are hell bent on destroying our way of life.
Again my thanks to you & I hoe you will awake our legal minds to coordinate & pursue action to punish the REMNANT LTTE & their sister organizations mascarading under different names, as FRIENDSJIP assoc. or charitable organizations to BREED & indocrinate young people born abroad to tamils & muslims.
ONE LEADER, UNDER ONE FLAG, UNITED & FREE, INDIVISIBLE & STRONG …. May the Noble Triple Gems guard us all & GOD BLESS our Motherland……..J
September 28th, 2013 at 4:03 pm
Thank you Gomin. I like your last sentence and the quote after that.
Jayasisri, You are praying to the dumb asses who are helping the Kallathonis even today. Believe me they are sure to be our children’s mudalalies in a few years time by manupulating our corrupt politicians and the systems.
September 28th, 2013 at 4:07 pm
corection:” deaf and dumb asses”
September 28th, 2013 at 7:31 pm
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…As embedded in history, Sri Lanka is a triumphant nation with indefatigable people that can be bruised but not crushed.
“We don’t want fight, but by jingo if we do: We’ve got the stuff: We’ve got the men: We’ve got the pluck to match”- [Adapted]
As embedded in history…as embedded in history…as embedded in history…
Therein lies the crux of the issue; therein lies the marrow of the bone; therein lies the core and the kernel…therein lies the STUFF…therein lies the substance of HISTORY.
I would call our history the Tsunami of our Sri Lankan Buddhist Sinhala Nation…we remember how the sea withdrew, folded itself, pushed itself backwards…conceding land opening up land; offering land, to all who waded into the void, grabbing the oceanic treasures…for a while…and THEN the ocean UNFOLDED. It gushed with inherent power and took back what it had seemingly yielded to unscrupulous booty hunters. And as if to show its ageless ownership, it kept on moving inwards, crushing and sweeping away everything that offered resistance. And then having asserted its ageless ownership of THE LAND, and having taught all illegal claimants their due lesson, the sea recoiled and began anew, calm and peaceful as ever.
Our hope and salvation lies in that ageless history which the monk Mahanama penned with indefatigable skills for all to see, and for the intelligent to understand…The great Mahavamsa Kathawa is that ageless ocean watching over the destinies of the LAND of LANKA.
Presidents will come and go. So will courts of law. So will systems of governance however be they named. But the great Mahawamsa Kathawa keeps watch. It keepeth silent watch over this our land, each and every inch is for all and everyone, and not for appropriation by tribes and clans under whatever be the excuse.
Thank you Gomin, thank you Sir, the instrument of our ageless history that argued the case for Mother Lanka.
Mario Perera
Kadawata
September 28th, 2013 at 11:12 pm
Thank you Mario for that poetic piece of writing.
September 28th, 2013 at 11:56 pm
Our Land is like no other. There are unexpected treasures allover. But there are guardian angels called Bahirawayas; they make sure the unworthies who take them completely vanish to oblivion. Few decades ago at Dedigama when they were doing restoration work to Kota Vehera they found a large number of valuable gems etc. hidden by King Parakramabahu’s people as that was his birth place. According to the villagers the ruling clan at that time took it and what happened them is history.
According to the villagers, near each and every treasure there is some sign. It appears that on the alignment of Kegalle bypass being constructed now, there was such a sign and when they were excavating two lorry loads of treasures were found and two helicopters descended and took away every thing. Was it true?. Over to the CM or IGP of that area
September 29th, 2013 at 12:22 am
Gomin,
No matter what we do the judgment has been given by the West on us. They will slowly but surely have independence to North and they will try their level best to get East and more. We have no strength to stop it. My estimate is it will only take another five years. Before we become fools it is better to stop any extra funds spent on the North and East now. Spend that on the rest of the country. These racist Tamils have not changed and will not change.
Also, The Honorable President must not face any interview and speak in English, he will only make a fool and a mockery of himself and Sri Lanka. The President or any one (except Prof. Pieris) facing international media must speak in Sinhala and have a translator so that they can think and reply well.
I watched AL Jazeera interview this morning and I felt like killing myself seeing our President was lost for words. Even our President still is afraid of the ‘whiteman’ and becomes nervous and lost for words.
Please if you meet him please advise him, he is the only one we have to fight bastard racists.
September 29th, 2013 at 3:03 am
The President should confront the TNA wanting the Army out of the Northern Province, not just ask where else can he put the army!
The Army is in the North for the simple reason that is where the Separatist war was born and waged, and that is where the CONTINUING Separatist Threat Lies.
The stationing of the Armed Forces in the North is a matter for the Commander-in-Chief …. the President …. to decide according the advice of the Security Force Commanders.
It is not for the Tiger Nominated Agents of the TNA, the PROXY of the defeated separatists, still proclaiming its fealty to the separatist cause in its election manifestos, to DECIDE.
Dear Mr. President, don’t even dream of discussing and debating this issue with the VERY SEPARATISTS that you are trying to protect the country from.
Instead of REDUCING the presence of the Armed Forces, INCREASE their presence beyond the wartime levels, and SETTLE their extended families in those areas! This will HELP HOMOGENIZE the demographics of the country and reduce the control of the separatists in the North.
DO IT FAST; DO IT NOW!
……………………….
Sri Lankan President rejects UN accusation of country heading in an authoritarian direction
ColomboPage News Desk, Sri Lanka.
Sept 28, Colombo: Sri Lankan President Mahinda Rajapaksa strongly rejected an accusation made by the United Nations High Commissioner for Human Rights Navi Pillay that Sri Lanka is heading in an increasingly authoritarian direction.
In an interview with the Al-Jazeera, the President said he does not understand why the UN official would make such allegations when Sri Lanka has had around 19 elections within the past 5 years.
He said that there is democracy in Sri Lanka and it’s up to the people to decide on governments.
The President disputed most of Pillay’s statements in her report to the UN Human Rights Council in Geneva and said people of Sri Lanka believed that the UN official had already prepared her report before she visited the country.
When asked about the allegations she made concerning the harassment of persons who spoke to her during her visit to the North, the President said she never raised the allegations when she had discussions with him but stated them to the public.
“We allowed her to go anywhere, we allowed her to meet any body, she wants,” he said adding that people against the government can say anything but “we allowed it.”
“When she met me she did not complain about anything,” he said adding that she should back her concerns with evidence if those need to be investigated.
Responding to Pillay’s charge that surveillance and harassment is getting worse in Sri Lanka, the President said Sri Lanka is a democratic country and people, especially opposition, are free to express their views.
Speaking of the Tamil party, Tamil National Alliance’s victory at the elections for the Northern Provincial Council, President Rajapaksa said the party’s victory was not a setback to the government as the government and he expected the result. He said the Tamil party now has the responsibility to deliver their promises.
“Anybody can criticize. Let them deliver now,” he said.
When questioned about the TNA’s demand to withdraw the Army from the North the President said the Tamil party cannot ask to withdraw the Army from the region and the presence of the military is required to maintain security within the country.
“If the other Provincial Councils also ask me to withdraw their army camps from all over the country, where can I have the army? Is somebody else going to give me a place to keep the army?” he asked.
He disputed the number of troops present in the region claimed by the Tamil party and other groups and said there are only about 8,000 – 12,000 troops are currently operating in the North.
September 30th, 2013 at 5:19 am
Priyan,
“No matter what we do the judgment has been given by the West on us. They will slowly but surely have independence to North and they will try their level best to get East and more. We have no strength to stop it.”
This is the way cowards would think. This was the reason we had to wait until MR came along to get courage and finish the job.
We must never think like that. The west themselves are in deep trouble and running away from Afganistan and now from Syria. If TNA gets funny, just whack them, no one will come to get involved.