23 July, 2019

Blog

Intentional Violation Of The Constitution?

By M. A. Sumanthiran –

M A Sumanthiran MP

On 30th July 2013, President Mahinda Rjapakshe, at a breakfast meeting with the editors is reported to have categorically declared that he will not devolve land and police powers to the provinces.  It was further reported that he stated that the delegation of these powers has not been implemented since the introduction of the Provincial Council system and it is not necessary to give it any consideration now.  When the President refers to land and police powers, what is he referring to? He is referring to provisions in the Constitution of the Democratic Socialist Republic of Sri Lanka, the supreme law of our land, which by the specific provisions of the 13th Amendment categorize land and police power as subjects under the purview of the Provincial Councils. He is in effect stating that these provisions of the Constitution have not been given effect since 1987 and that he has no intention to give any effect to it now. It is a dangerous mindset that has seized the governing powers of the day, one that unabashedly and brazenly refuses to uphold the Constitution. This habitual disregard and non implementation of the Constitution is the one that has eroded the supremacy of the Constitution. Disregard for the supreme law trickles down to an erosion of the rule of law in a country, and reflects in the incidents of lawlessness on the ground. The recent reports of appalling conduct of certain provincial councillors and high ranking police officers are an indicator of this mindset. The impunity which follows is a mechanism of self defence employed by those who flout our laws and further entrenches a norm of lawlessness. The impact of this on the psyche of the masses is one of mistrust of politics and government in general.  

The Constitution is not the kind of document from which one may cherry pick provisions for implementation to suit the fancy of one person or one political party. It is the cornerstone of the aspirations of the peoples of this country, it is the code by which all actions of public officers, including the President, are governed and against which all actions are evaluated. That is why ‘intentional violation of the Constitution’ is one ground for the impeachment of the President. It is the supreme law having as one of its objectives to serve as a check on the exercise of executive power. The responsibility of public office is to protect and uphold the Constitution. The oath taken by the President for example is a solemn declaration that he “will be faithful and bear true allegiance to the Republic of Sri Lanka, that I will uphold the Constitution of Sri Lanka and shall faithfully perform the duties and functions of the office of President of the Republic of Sri Lanka in accordance with the Constitution and with the law.” Public office is a creature of the Constitution and there can be no confidence in a chief public officer who expressly denies the country its constitution. Most significantly the Constitution does not grant the power to arbitrarily suspend any part of it to any public officer, including the President. Therefore the obligation towards the Constitution is solely positive and in advancement of its design.

As our grund norm, the Constitution provides a fundamental sense of certainty. Suspending any part of it must prompt action by the people that the Constitution protects. Imagine if the executive were to suspend the fundamental rights chapter of the Constitution. The citizenry has been robbed of their constitutionally guaranteed rights by the deliberate denial of devolving certain powers to the provinces. The Provincial Councils have undeniably demonstrated and are living proof of stronger participation and accountability at the provincial level. It is a given that politics experienced at the center also devolves and a politics of the provinces emerges. Politics as a process of engagement must be disentangled from corruption which has become synonymous with politics. In response to a previous article of mine, a criticism was levelled at my insistence on devolution of police powers, that it was an encouragement of further politicization of the police force and facilitates devolution of corruption. It is important not to confuse politics with corruption, although I can understand how this can happen in our context. Let me revisit the question of devolving police powers to demonstrate the workings of devolution and the determinative power it affords to all provinces.

Firstly, a look at the practice that necessitates a close connection between police power and community. A local police force is equipped to understand and appreciate the local social issues peculiar to the local context and is able to respond appropriately. A local police force will be equipped with knowledge of local customs, practices and laws. By reflecting a representiveness of the community it serves, a local police force is able to encourage trust and confidence. This is underpinned by the notion of being protected by one of the community’s own. It enhances the ability of the police, by ensuring constituent representation, to protect the interests of the community. A local police force is essential to building police-community relations. Consequently the subject of law and order is intimately connected to the people it seeks to protects and is an essential element of having the decision making power to govern oneself.

Secondly, let me address the frequently levelled and completely unsupported argument that devolution of police power will lead to chaos and disorder, and separation. Police power is the first subject in the Provincial Council List in the Eight Schedule in the Constitution, titled ‘police and public order’. The limits and mechanism by which the police power is devolved is described in detail in Appendix I to the Eighth Schedule. It sets out that the Sri Lanka Police force will consist of a National Division and Provisional Divisions. The scheme of appointment, promotion and transfer is detailed. The Provincial Divisions feed into the National Division which is centrally controlled. The schedule to the Appendix also sets out a list of subjects which are only the purview of the National Police, offences against the state, offences relating to the armed forces, to elections, currency and stamps, against the President, national security and so on. It is clearly not unfettered or unbridled police power that is provided for in the 13th Amendment. It is then this clearly limited power that is being sought to be denied. Any premonition of chaos and disorder or a runaway provincial police force is clearly based on ignorance of the constitutional provisions or a deliberate attempt to create fear.

The 13th Amendment is problematic and insufficient for good reason. It devolves power but in no real measure. If devolution in this state is what is sought to be prevented, apart from the deliberate flouting of the Constitution, there is really nothing on which a dialogue towards building this country and bringing peace can be pinned on. The Constitution is a bulwark against domination by those in power. It protects not only the minorities in this country, but its citizenry in general. It also pursues a realization of sovereignty for its peoples, it devolves power to all regions so that each regional population has authority over how their lives are governed. The Tamil people have felt repression by fear and of opportunities denied, they have experienced having no control over their lives. This experience prompts their voice to be strongest in demanding that the Constitution, in the least, be fully implemented. It is not however a demand peculiar to this people. At least two other provinces have passed resolutions in the past demanding that police powers be devolved as mandated in the Constitution.

President Rajapakshe has thought it fit to denounce and decry provisions of the Constitution to suit his personal preferences. All of us have the right to criticize even the provisions of the Constitution. But none of us, certainly not the President of the Republic, has the right to intentionally violate the provisions of the Constitution. Prescribed consequences must follow if we do that.

*The author, M. A. Sumanthiran (B.Sc, LL.M) is a Member of Parliament through the Tamil National Alliance (TNA), a senior practicing lawyer, prominent Constitutional and Public Law expert and civil rights advocate

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Latest comments

  • 0
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    A brilliant brain is barking at a bankrupt brain!

    What’s the point – he can’t even understand what Sumanthiran is saying!!

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      I concur. This bugger (Hitlerpaksha) and his brother GOATa will not understand the nature, effect and content of any statement made by Sumanthiran. How true “a brilliant brain is barking at a bankrupt brain” or better styled “molay pukay” in Sinhala!!.

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      Megalomaniac Jarapakses understand this language or not, the buggers cannot even understand proper Sinhala to begin with.
      All they understand is BAJAR Sinhala jargon. Whats the point of talking diplomacy with these goons. There is only one answer and only one way to save Sri Lanka.
      Mr. Sumanthiran is miles ahead of MaRa, The Tsunami Thief.
      Goata is another blood thirsty Pirabakaran.
      Medamoolana rowdie clan is no better than a pack of hyenas.

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        Jarapakse knows that he is in the wrong but he also knows only impeachment could stop him for that it has to be done through parliament and no way is that going to happen. Most of the thugs and drugdealears want him there. Implementing law and order in the country will put many of these people out of business.
        There is a very real danger in Jarapakse buying opposition politicians, with two third majority he could amend the constitution and run a dictatorship within the constitution.

        The only silver line in SL politics is that the threat of LTTE is no more and the Tamil politicians are getting the voice back and also we are seeing some men with education and honor that the voter can be proud of.

        If the trend continues and if UNP or Sarath F recruits proper people will decide wisely and these drugdealers and crooks will fall by the wayside.

        Hope is always a good thing to have.

      • 0
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        Garusinghe:
        As an animal-lover, I appeal to you to please not to insult those nice African scavengers!

    • 0
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      Real peace no wonder you call Sumathiran a brilliant brain justt like you called Prabha the maniac the sun god. A amendment to the the Sri lankan constitution planned, made and forced by India (the Godfather of LTTE terrorists) is null and void. The written Sri Lankan constitution is a ‘living document’. It is the sole right of the Sri Lankan Parliament to add or delete any amendments to the constitution.

      Can Sumathiran guarantee that the police force in the North will comprise of Sinhala, Muslim and other communities in Sri Lanka and that it is not going to be a mono ethnic Tamil Police force. How many ex-LTTE terrorists will be in this police force? Do you expect the Sri Lankans who suffered their brutality for 20/30 years to give them arms on a platter to be used against us. The land in the North and east belongs to all Sri lankans and not a ethnic enclave. If over 50% of the Tamil population can live and work in Colombo and the South what is there to stop 50% of Sinhala, Muslim and others to live and work in the North and East. As a TNA MP you were a slave of Prabha and it is time you accept the fact that Sri Lankans will never allow your dreams of
      Eelam to prop up in Sri lanka again,

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        Sinhala Lanka Peiris,

        The reason why India intervened was because you couldn’t put your house in order so an outsider had to come in.

        Can Sumathiran guarantee that the police force in the North will comprise of Sinhala, Muslim and other communities in Sri Lanka and that it is not going to be a mono ethnic Tamil Police force.

        The answer to the above is no Sumanthiran cannot guarantee what you want as that is not how it is going to work and what is wrong with Tamil Police Force taking charge of Security for the Tamils just in Tamil Nadu.

        Do you expect the Sri Lankans who suffered their brutality for 20/30 years to give them arms on a platter to be used against us

        Just turn the coin the other side and ask yourself the question do you expect the Tamils who suffered Sinhalese brutality since independence and continue to suffer to place their security in your hand. No mate no and never.
        The land in the North and east belongs to all Sri lankans and not a ethnic enclave. If over 50% of the Tamil population can live and work in Colombo and the South what is there to stop 50% of Sinhala, Muslim and others to live and work in the North and East. As a TNA MP you were a slave of Prabha and it is time you accept the fact that Sri Lankans will never allow your dreams of
        Eelam to prop up in Sri lanka again,

        You idiot the Land in the North belongs to us Tamils and the for your TINY HEAD the reason why 50 % of Tamils are working in the South is because the North has been deliberately starved of any investment so as to make the Tamil population dependant on your hand outs.
        You are too thick to understand this.
        It is not for you lot to allow our dream but it is for us to get it with the support of our big brother when BJP take over in march next year.

  • 0
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    Talking about the part of constitution enforced by the Indians.

    Just erase that part from the constitution.

  • 0
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    Neither Gota nor his brother Mahinda can even speak English correctly, leave alone understand this piece of scholastic analysis which makes perfect sense…we await their downfall so at least the vaccum will be filled by someone magically just. So tired of government misadventure – a worried mom.

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      Agree Renuka but there wont be any vaccum there once they leave or when they fall. Mahinda cannot even run a Bulath kade. Gota is a self inflated army felow without anything in his head apart from hatred. English is a joke. These Medamulane ‘Aadhivasi’ fellows never even read a book in their life time. We need the Elite politicians back. Must send all those uneducated uncultures rascals bastards and the beggars back where they belong. Otherwise we wont be able to save the country.
      Its high time to chase D.A arapaksas’ rabied offsprings once and for all for good.

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      Renuka, Gota and Mahinda did not have to learn English to enable them to get benefit vouchers as asylum seekers. For Tamil scholars like you the writings of those who licked Prabhas feet may make sense. Ask Sumathiran and other TNA MP’s to give their remunerations and perks to poor Tamil peasants in Sri lanka and work on a voluntary basis! See how quickly he will seek asylum in a European country.

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        Sinhala Lanka Peiris,

        What are you talking man. Why would MR and Gotha claim benefit vouchers when there are rich pickings from looting Sri Lanka which they doing successfully. Thanks to the benefit fraud system which is in place in Sri Lanka they are milking the Cow.
        As for your observation about
        Ask Sumathiran and other TNA MP’s to give their remunerations and perks to poor Tamil peasants in Sri lanka and work on a voluntary basis! See how quickly he will seek asylum in a European country

        Can you explain the logic behind this. My head is spinning man trying to work this one out.
        So what you are saying is that Sumanthiran and other TNA MPs once they give their remunerations will become economic refugees in the West. If that happens they will join an elite club of your lot ( there are thousands of Sinhalese) who have successfully claimed asylum in the west taking advantage of Tamil suffering claiming to have helped the LTTE and are wanted by MR and therefore cannot return to Sri Lanka as their life is in danger.

        Finally Where are these Tamil peasants.

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      You or any other donkey can say that MR. or Gota cannot speak ‘good’ English!! But it is great to know that they speak good-enough Tamil & Sinhala for the benefit of Sinhalese, Tamils and Muslims of Sri-Lanka.
      Obviously they don’t care about TamilNadu which you worship.
      Also no Sri-Lankan will deny the fact that(except you) how MR & Gota did undo the terrible damage done by LTTE to the Sri-Lankan Tamils and vast developments done to raise the living standards of Tamils in the North. Please don’t mislead the innocent Tamil population any more with your rusted and ‘ancient’ Law knowledge! Sri-Lankan people are much more educated than you think. Regarding Land & Police Powers, we don’t believe in ancient laws or out-dated Constitution (made under duress or pressured by India and the West)to rule Newly Evolved Sri-Lanka since the LTTE was annihilated in May 2009. It is New Country with Equal Rights to ALL without discrimination. Time for you to rethink and make amends!

  • 0
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    How about the 6th amendment?

    Who is intentionally violating it? Punish them all as Hon Jayawardena did in August 1983.

    6 comes before 13. So enforce 6th amendment FIRST. Then we can see to 13 amendment!

    • 0
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      Well said Muliawaikkal, the violation of 6th which is what gave rise to the the 13th under duress from India. Can’t run with the Hare and hunt with hound Sumanthiran,

    • 0
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      This guy is making a fool of himself by writing things which are not relevant and doesn’t even know what he is talking. He has gone completely crazy and it is the fault of the Moderator to post his comments.
      MODERATOR IN THE INTEREST OF DECENCY PLEASE EDIT HIM OUT.

      Next he will be talking about the 10 Commandments when one is talking about the Sri Lankan Constitution.

  • 0
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    In any other country with a functional democracy, MR would have been impeached for refusing to live implement the constitution he swore to uphold. A parliament that impeached Chief Justiice Bandaranayake with blatant disregard to the constitution, justice, rule of law and fair play, and continues to play ball with the Rajapakse machinations, no longer represents the people nor democracy. It is a harlot kept by MR and paid for services rendered.

    Dr.Rajasingham Narendran

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      And this is the same President in whom you had such unwavering faith even as recent as just one month ago?!

      And you thought it fit to side with this President and berate and slander the Diaspora, also as recent as a month ago?

      Do you not see a responsibility to come clean and apologize for your stupid ways?

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        I will yet acknowledge what the President does right. I will yet condemn the sections of the Tamil Diaspora that continue to live in cuckoland,. The time frames you cite will be quite contemporary even in the future.

        Dr.RN

        • 0
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          No Rajasingham – what you acknowledged was that President duped you; that you realized the President was deceitful.

          You praised the president when you trusted him. Now, after six years, you realize, along with the slowest witted of them all, that the President actually lied, he cheated, he did not keep his promises and he cannot be trusted. So, what exactly were you right about in praising the President?

          You do need a dose of reality – just muttering words that don’t make sense is nothing but a sly attempt at weaseling out of the responsibility to apologize for your servile propagandas of the past.

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      MR has not refused to implement the constitution of Sri lanka. But he and the democratic parliament of the country has the right to make additions or substitutions to the SL constitution as the written constitution of Sri lanka is a ‘living document’ where this is applicable. It is the parliaments prerogative to impeach the chief justice if they are satisfied with reasons for doing so. What were the LTTE terrorist supporting Tamil harlots doing for the past 20/30 years?

  • 0
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    Very good. Nice choir. Keep shouting. What can you do?

    • 0
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      crazyoldmansl:
      The choir’s “shouting” is far better than your continuing support for this monstrosity parading as a democratic government. You and your pals in places like Ravaya and the Broadcasting Corporation deserve every bit of what is coming to you as surely as night follows day!

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    /*
    The Constitution is not the kind of document from which one may cherry pick provisions for implementation to suit the fancy of one person or one political party.
    */

    I quite agree there. Although the constitution is a set of provisions formed on consensus. The provisions you mention hardly reflects consensus of the Sri Lankan collective. Its a concoction put together in the bedroom of Indira Gandhi in cohort with “Prince of Tamil Eelam” Amirthalingam and his protégé Pirbarkaran.

    No one in Sri Lanka was consulted when this document was formed cutting and pasting from the Indian Panchyat. A higher principle here trumps the implementation of provisions.

    The 13th amendment is a realisation of “Voddokkodai” resolution which TULF campaigned and swept to power in the north and the east based on a flawed electoral system. Only 49% of the people in NE votes for TULF. This hardly represents a “mandate” for any kind of devolution based on race. The 13th amendment is trumped here by yet another higher principle.

    You can see why there is hardly any motivation to see it being implemented. In fact you will find the provisions to be continuously undermined to the point any “devolution” becomes hollow. It will remain so until you and your fellow crew walk into the PSC and negotiate and walk away with something everyone finds in agreement. Its so simple really.

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      “The provisions you mention hardly reflects consensus of the Sri Lankan collective.”
      This is not at issue. What is at issue is whether it was properly passed through parliament. Yes it was and now it is a part of the supreme law of the land. The president has no right to violate it. If he wants to get rid of 13A or any provision there of he will have to pass an amendment with 2/3 majority in parliament. Until then he has to follow the constitution and has no right to pick and chose.

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        /*
        What is at issue is whether it was properly passed through parliament. Yes it was and now it is a part of the supreme law of the land.
        */

        Confessions taken under duress are hardly valid. Similar are constitutional provisions imposed and maintained based on some Vellalar supremacist nonsense. Sri Lankans know its a white elephant. Sri Lankans never agreed to it. Sri Lanka is forced to live with it because Indian fears on Balkanisation of India on the back of Tamil nationalism. Any SL constitution to properly work in Sri Lanka must have majority approval isn’t it? I thought that was elementary.

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          [Any SL constitution to properly work in Sri Lanka must have majority approval isn’t it?]
          MP’s are representatives of the people and when over 2/3 of them voted in favour of the amendment that amounted to over 2/3 of the population being in favor. Now MR can use the same provision allowed in the constitution and bring in an amendment to abolish 13A. Unless he can get 2/3 majorith whats in the constitution stands.

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            Hey there Burt.

            What are you a baby do not understand the word “duress” ? When 2/3 voted in favour of 13th amendment the Indian Air force were virtually pointing their cannons at Parliament. You want Sri Lanka to keenly make sure it works do you? You must be a bigger dimwit than I thought at first.

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              Vibhushana
              You seem to have forgotten how MR got the 18th Amendment through Parliament. Is that your version of democracy?? Similarly, how he tried to do away with the 13th Amendment, but was stopped in his tracks by India….

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            MPs are peoples’ representatives. but, when people gave MPs a mandate on signing or agreeing to the 13th amendment ?

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            The 2/3s majority at the time of passing 13A was illegal as the government itself after the infamous referandum was illegal.

  • 0
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    According Mr Sumnathiran’s take, everything is sweet,on paper.

    TNA, Police,SLMC Police,Assath Sally,Police, sorry UNP Police,Thonda Police, Sabaragamuwa Police ,even a possible Mervin Silva Police in Brown Sahib’s turf,not a problem.

    But the problem is there is nothing on paper to say that TNA Police, Assat Sally Police and Thonda Police can’t do a sort of a corporate merger, like the ones that PM Rudra followers are familiar with.

    Niether does this constitution of our great majority of the inhabitant population say how to stop the outsiders who want to do these sort of mergers.
    .
    And then we heard our potential future PM of the TNA friendly UNP Gvt and Heavy Hitter and the Enforcer of Right Wing Ranil’s, none other than ,Mr Ravi Karunanaya castigation our CMs as Bandits.

    Mmind you he was pretty selective phrasing that statement, to specify only Seven Chief Ministers.out a total of Nine.

    Perhaps he left a blank for Assath Sally too.

    • 0
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      K A Sumanawathiee;

      What about HORA POLICE with your JARAPASSA???????????.

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    What a funny article and what funny comments.

    the most democratic country in the world, gave voting rights to blacks and women very late. Even recently they violated the constitution by eavesdropping to her citizens (not only her citizens to the whole world).

    That is only a small piece of the whole story. Google and see how many issues about not implementing or violating the constitution by that country.

    13th amendment is not anything that Majority Sri Lanka wanted. Even LTTE did not like it. IT is the India who wanted it.

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      So you agree that, it is the separation is the only solution that Sri Lanka wants and LTTE like. If it is a unitary state, all civilians should have equal rights but that has not happened. The state was responsible for the violation of constitution and there is no right to rule Tamils.

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      Jim Nutty
      What [Edited out] Bensen Burner has to say about it?

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      Softly,

      So you admit that you are a Pamparam. You don’t understand do you what I mean is you are run by an outside force. Just hope it is not Ghost

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    If Sumanthiran or his relatives are paying Taxes in Sri Lanka, they would not ask for the 13th amendment.

    Otherwise, who will pay for these expenses ?

    Can Tamils pay that much taxes ?

    • 0
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      Just sell couple of Lamborghinis belong to R family. You can meet all these expenses.
      JimSofty, there are simple solutions for issues you have
      Anura.

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    Great piece Mr. Sumanthiran!

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    Constitutions are of not sacrosanct in Sri Lanka:

    What happened to Clause 29 of the Ceylon constitution that gave protection to minorities?

    Sri Lanka was not, and is not ready for democracy that was thrust upon its people by the departing colonialists: If Sri Lankans were, they won’t keep electing people who have taken the country to the dogs.

    It’s now best described as Rajapksas’ fiefdom.

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      Well, please consider getting behind Mr. Sumanthiran and join him. He is Sri Lanka’s hope for better days to come for ALL. You are really looking at greatness in this man.

    • 0
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      Thiru protection and rights to minorities! It is only the Tamil minority that is making all the problems including terrorism? Rights also entails responsibilities where were the Tamils responsibilities during 20/30 years of LTTE terrorism.

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        You cannot lay that at Sumanthiran’s doorstep…

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    The illegal action of the regime through the army in Weliweriya clearly proves the need for Provincial Councils to have Land and Police powers. Hope and pray Sri Lankans will now understand why it is necessary to give these powers to the people who live in the area and not to those who live in Colombo where pipe water is provided.

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    The most recent case of the violation of the American Constitution is the Eavesdropping of its’ citizens. Now, america is doing it legally. Because, it is needed for country’s security.

    Why Sri Lanka cannot do the same ?

  • 0
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    Here in Connecticut, we have a Declaration of Rights in our state Constitution. In fact, no right that existed in Connecticut in 1818 can ever be taken away because those rights are considered sacred. That is why despite having a new Constitution in 1964, the 1818 Constitution is still on the books and is good law.

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    We can say Sumanthiran, great man, briliant man and all good things. but will majority vote for him? no. he is tamil.shame for sri lanka. accept truth. sumanthiran may become best thing for country, but our people do not accept. why? still thinking sinhala only. that is biggest problem. time gone will make a one thousend sumanthirans tired and go out from politics. who is to blame? we the people.can we at last show some positive? make people like sumanthiran national figure? even now?

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    Whether he wants or not Sumanthiran might be forced to standup for the rights of the voiceless Sinhala voter too. I dont see UNP having the balls to do it or JVP having the ability to go toe to toe against Jarapakse goons.

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    Abrham never gives up! He still seem to believe(or may be he knows deep inside his dreams will never come true)that India and the west will get them their dream Eelam.
    India is struggling to keep it’s nose above water and these jokers want to have ride on their head!!
    13A was pushed in to the constitution by force and it is there true, so is the 6th. Why Mr.Abraham not talk about the 6th? should the 13A be implemented ignoring the 6th.

  • 0
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    If needs to be then Northern and Eastern provinces should be a protectorate of Gt.Britain or India.

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      Yes, the great cheer for the Queen ‘Yes Sir, Yes Sir, three bags full sir a and a salute to the Indian Maharaj for sending the IPKF and making a lot of Tamil ladies regret their lives. ‘Sell im’

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    Dear brother,

    I have a lot of admiration for you for your vigour and courage and we are more or less in the same line of work and the only differeence you are both elected and I am sure also instructed.
    But I have more degrees than you but I am not elected but instructed.
    So much of what you have written has to be taken in a Sri Lankan context.

    1) Sri Lanka is a democracy in all but name and the rulers dont aspire to reach the same standards as the western Democracies.
    2) The seperation of powers in not entrenched and is open to a lot of abuse as it was amply demonstared when our Dr.Shirani was fired.
    3) The Country is overtly racist from the time immemorial and that will never change.
    4) The contstitution that was written never addressed or took into account the Tamil issue or the Tamil aspirations and if any mention was made it was a passing cloud.

    But to answer some of the issues you have raised let me deal with them one by one
    When the President refers to land and police powers, what is he referring to? He is referring to provisions in the Constitution of the Democratic Socialist Republic of Sri Lanka, the supreme law of our land.
    MR knows what he is referring to and that is the retention of those powers by the centre to realise him dream of Colonoisation and he is not going to devolve power unless he is forced to by outside powers and the only nation that can make it happen is India because Sri Lankas Sovereignty is limited to Indias Security.
    Let me explain to you what I mean: I am sure younknow that there was a recent scare inviolving Chinese Submarines and what did India do. India sent two Warships to Colombo and they are still anchored in the Colombo Harbour. So any talk of the Chinese and Pakistan Card is a red herring
    MR has an agenda and that is to Colonise the North of Sri Lanka and he is being helped by Corrupt Indian Politicians and the list is endless. MR set aside 100 million pounds to bribe people to hide his hand in the Genocide and that is working. I recently met the Iron Lady and I take comfort from the fact that if BJP gain the reigns of power in India our problems will be over in a matter of hours otherwise we are doomed.

    MR does not care about the Tamil Grievances and on the contrary he is the Architect. Both convenor and facilitator.
    13th Amendment is not going to solve our problems as IT FALLS FAR SHORT OF OUR ASPIRATIONS.But for me the selection of Mr.Wigneswaran is a starting point and we have a long way to go before we feel equal citizens and have stake in the Country and that can only happen when the majority recognise that we are two separte poeple.
    Divided we STAND
    United under subjugation we FALL
    Just to give you a feel of the Sinhalese mentality I will share this with you: My best friend is Sinhalese and he is a Billionaire in Sri Lanka and without wishing to reveal too much his dad used to run the Kandy Perehera and owns the Duty Free Shop in Kolpitty and what he told me shocked me. He told me you have lost the war so you have to accept what we give you and that is NOTHING.
    So my friend you are not going to get anything from the Sinhalese and we are too week to get it ousrself so my only hope is that things will change after March 2013 when we have a BJP Government with the Iron Lady wielding a lot of influence otherwise you can say goodbye to everthing Tamil.
    As I found out during my recent visit to Nallur Temple which is now guarded by two soldiers which incensed me. When I asked the soldiers what brings you here there was no comment. Either they did not understand my english or they felt they did not have to answer and I think it was the latter as |I am sure they now feel that they have total jurisdiction and in matter of few months or years it will be demolished and a Buddha Vihare will be built under the auspiscious of the BBS.

    Wish you the very best for the future.

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    Dear brother Sumanthiran,

    I should have added the following to my comments.

    My Sihalese friend is not a Sterling Billionaire but a Rupee Biliionaire so he is not a pauper does have a few bob.
    As for the extent of the Indian Jurisdiction over Sri Lanka I should add the follwing.

    1)When we had the Cheguvera troubles I was in Colombo and my Sinhalese friend ( who had contacts high up in the Army ranking and still does) told me that the Army officer told him that Indian Soldiers arrived at Katunayaka within hours witout any invitaion as they feared a Chinese hand in the insurrection.

    2) Take the Trinco Harbour for example. It could have earnned Sri Lanka billions of pounds as American military wanted to use the facility but has stayed idle for the last 63 years why India would not let any one to have a military presence in her back yard. So we have a Cuban parallel here. India can solve Sri Lankas problem over the telephone.

    3)By the way the CHOGM has brought a temporary repreive to our misery for the last 63 years: Look at the turn of events

    a) We are having elections in the Northwhich would not have
    happened otherwise
    b) Callum McCrae is coming to town. He was threatened with arrest
    but now has unfettered access.
    c) Navaneetham Pillai is going to visit the Tamil Citadels in Vanni
    ( completely destroyed) but guess who was going to arrange
    her itenary a man from Kerala probably Menons brother. GOSL
    offered her Army helicopter but she declined and rightly so as
    I am sure she does not want to loop the loop.

    So make the use of what you have been presented with and get Wineswaran elected first with a Landsilde. MR would have started printing ballot papers to rig the election to save face. So get the international monitors in and preferablly no Indians or others who can be bought to turn a blind eye.
    GOOD LUCK BUDDY

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    Dear Mr Sumanthiran; comment on the following.
    1. The West, India and Australia have Every Right to demand the implementation of the 13A, because,
    (a) they have witnessed the suffering of the Sri Lankans since 1983,
    (b) they have accepted thousands of Sri Lankan Refugees after strict scrutiny, fed & kept them for years because of their plight during the war in Sri Lanka.
    (c) Hence these countries have moral obligation to ensure, justice is done to these Sri Lankans in their custody. Is it wrong to ask the Govt of Sri Lanka to look after its own people safely within Sri Lanka?
    2. SL govt. is yet to acknowledge this great humanitarian gesture or to say Thank you, other than accusing India and the West for meddling in the internal affairs of SL and “bullying our tiny country”. Those countries have every right to meddle with the internal affairs because they have SL Refugees on their soil due to the mismanagement of the humanitarian crisis by the SL Govt. and the security Forces for the last 30 years. – (Any reference to UN refugee Rights?)
    3. Unlike other countries, India cannot afford to up keep the thousands of Sri Lankans for over 30 years while Indian children go starving.
    4. It’s 4 years since the war; hence; Demilitarize the North & the East and Take all the Sri Lankans from India, Back home so that they can live in peace in their Own country.
    5. If SL fails to do so before the stipulated date, SL Govt. should pay the Indian Govt for the daily upkeep of the thousands of Sri Lankans in India.
    6. It is a very fair request as India has sheltered and fed thousands of Sri Lankans for nearly 30 years while Indian children Went Starving.
    7. SL Govt & the Navy have the audacity to stop the Sri Lankan refugees in India going to Australia accusing them as economic immigrants. What about the tens of thousands of Sri Lankans who are living in Australia,already? They were also Economic Migrants, weren’t they? SL Govt wants our Sri Lankans in India to live & die as Refugees as long as India feeds and cloths us. Our Govt don’t want them back, or go elsewhere.
    8. Why can’t our Sri Lankans Come Home form India? What is the problem? Please Help…

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    Mr.Sumanthiran,

    I am not sure if I sang the song of praise too soon as I am a bit concerned about what I have been told.
    Since writing the comment I have done some research and checked your profile which seemed fairly clear. But then I heard some disturbing news which might be some mischief making for which I need some clarification as an ardent supporter of TNA on whom we Tamils have placed our trust. As an adspiring politician with the intention of leading the TNA at some stage I am hoping that you will offer me the courtesey of a reply.

    1) I have been told that you attended a function with your daughter organised by MR.
    2) MR then introduced your daughter to every one and asked whether she has been to Jaffna and her answer was that you would not let her go to Jaffana.
    3) My question is simple: Was that a true account and if yes what were your reasons for not letting her visit your birth place.
    a) Were you concerned about her safety
    b) May be you didnt think there was any need for her to go to
    Jaffna as you didnt consider that she had roots there although
    you were born in Jaffna.
    c) Do you have an office in Jaffna and from where do you plan to
    operate once you have a Northern Assembly.

    Look forward to receiving your reply

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      Be careful with things you hear. They are often misrepresented. I do think that Sumanthiran has reason to fear his and his family’s safety. I also think that if something bad happened to him then Sri Lankan democratic institutions would really be in a hellish state for which there will be no return.

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        Mr.Wyatt,

        You have an English name and I am not sure whether you are English English, Tamil English or Sinhalese English and not that it matters but it enriches the quality of debate if you are English English .
        But I take your point about don’t believe every thing you hear but I am sure Mr.Sumanthiran as a politician understands the value of a right to reply. By failing to respond I can only assume that the story is correct until repudiated.
        He is a politician and as politician he knows the dangers in Sri Lanka to one personally and to their families. As I am sure you know that MP Sritharan who also has a family and has been hounded by the authorities where they even tried to stick mud on him by accusing him of sexual misdemeanours but he has stayed the course. So one expects Mr.Sumanthiran to show the same metal and not rule from exile as there are dangers lurking around even in ( more so ) Colombo.
        I will wait for him to respond and if he doesn’t respond I will take it up with the TNA leadership as I want see the Leadership qualities in him and I reserve my judgement .

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    Sumanthiran openly said “they dont accept 13th Amendment” in a function organised by Canadian Tamil Congress in Toronto!

    Then what is the point of talking 13 now?

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    Mr. Sumanthiran: Please let us know if we can help you in any way. There are many out there of all faiths, ethnic backgrounds from all areas who would relish the chance to assist you in your quest to restore Sri Lankan greatness, uphold the rule of law and preserve democracy. Thank you for what you do for EVERYONE! You are a good man.

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