28 March, 2024

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Move To Impeach The CJ Is Another Instance Of The Breakdown Of Law And Order – Congress Of Religions Writes To Rajapaksa

By Colombo Telegraph

“Finally, we cannot help thinking that this move to impeach the Chief Justice is another instance of the breakdown of law and order in the country.  We publicly profess adherence to religious values, of all four major religions, and as such believe we should always work for a dharmista society. In addition to the social and moral evils pervading our society today, the apparent   assault on the freedom of the judicially would only add to the contradiction of that belief in real life. If for no other reason, the moral-religious imperatives of millennia of historical evolution, driven in the main by the Buddhist ethos, should compel us to render justice to the Chief Justice, and thereby do justice to ourselves as a civilized nation. Otherwise, the country and its people will be the final losers. We call upon the government to do just that.” the Congress of Religions wrote president Rajapaksa.

The letter December 3, 2012 sent to the President released to the media today by the Congress of Religions. The letter signed by Dr. Ittapane Dhmmalankara Anunayaka Threo, Prof. Bellanvila Wimalarathana Anunayaka Thero, Archbishop Dr. Malcom Cardinal Ranjith, Archbishop Emeritus Dr. Oswals Gomis, Madluwawe Sobita Nayaka Threo, Bishop Duleep De Chikera, Dr. Brahammanwatte Seewali Nayka Thero, Rev W. P. Ebenezer Joseph, a representation from Islam Religion and a representation from Hindu Religion.

The Congress of Religions says; “At the outset, we endorse whole-heartedly the appeal of the four Mahanayake Theros to H.E. the President to set aside the impeachment motion brought against the Chief Justice.”

“The fact that she has not been given adequate time to respond and prepare her defense, time usually allocated even to ordinary litigants in regular Court cases, is unfair. Is that due to political consideration?” they asked the President.

We publish below the full text of the letter;

His Excellency, the President of the Democratic Socialist Republic of Sri Lanka

Hon. the Speaker of the Parliament of Sri Lanka

Hon. Chairman of the Parliamentary Select Committee 

Your Excellencies

                                                3rd of December 2012.

Impeachment of the Chief Justice

Bellanvila Wimalarathana Colombo Telegraph

At the outset, we endorse whole-heartedly the appeal of the four Mahanayake Theros to H.E. the President to set aside the impeachment motion brought against the Chief Justice.

2.It is a matter of grave concern to the people of the county, that the Government through the accusations leveled against Chief Justice seem to have convinced itself that the Chief Justice has not lived up to the standards of personal integrity expected of her. Since this is a very serious matter, the Government has the equally grave responsibility to ensure that adequate evidence is provided to prove these charges and at the same time follow scrupulously the procedures stipulated in the Constitution for this kind of action.

Archbishop Dr. Malcom Cardinal Ranjith

Until proven fully no party in a case stands convicted of a charge.  It seems to us that on both counts there are serious deficiencies. Regarding the first, the Government appears to have been motivated more by a series of decisions of the Supreme Court in recent times, which went contrary to its expectations, than by a prima facie case for impeachment. If that be the case, the independence of the Judiciary, which is a cornerstone of a democratic polity and the last bastion of Justice for the people, will be in grave jeopardy. Regarding the second, the speed with which the Government has proceeded up to now to impeach the Chief Justice, gives rise to a justifiable suspicion about the motivation of the Govt. in this matter. The fact  that she has  not been given adequate time  to respond and prepare  her defense, time usually allocated even to ordinary litigants in regular Court cases, is unfair. Is that due to political consideration?

Archbishop Emeritus Dr. Oswals Gomis

3. Even more worrying is the rejection by the Govt. of the recommendation of the Supreme Court to postpone the commencement of impeachment proceedings, until it has made up its mind on the constitutional competence of a Parliamentary Select Committee to make a judgment on the charges against the Chief Justice. We appreciate the conciliatory gesture of the Supreme Court in order to avoid a direct confrontation with the legislative. But unfortunately the Govt. has refused to accept that gesture and gone ahead. This naturally gives rise to the suspicion that the Govt. is not neutral with regard to the outcome of the case, but is patently seeking a judgment in its favour, somehow or other. This step denies the fundamental principle of the separation of powers between the legislative, the executive and the judiciary. While we accept the principle that the legislative authority resides with the Parliament, the independence of the judicially to correctly apply the laws, without interference or hindrance becomes important.

Madluwawe Sobita Nayaka Threo

4. In a globalised world in which countries are coming to be more and more connected,  no country can ignore the impact of its standing vis a vis the world.  While we accept the freedom of a Sovereign State to manage its own affairs, we also have to realise that we have to abide by norms of governance and the requirements of natural justice and human rights accepted by the community of Nations. If we disregard them with impunity, the consequences can be serious. Already Sri Lanka has come under the spotlight of the international community with regard to its record on human rights in the context of the 30 year war. This would be thus and adding of fuel to the fire.

5. Finally, we cannot help thinking that this move to impeach the Chief Justice is another instance of the breakdown of law and order in the country.  We publicly profess adherence to religious values, of all four major religions, and as such believe we should always work for a dharmista society. In addition to the social and moral evils pervading our society today, the apparent   assault on the freedom of the judicially would only add to the contradiction of that belief in real life. If for no other reason, the moral-religious imperatives of millennia of historical evolution, driven in the main by the Buddhist ethos, should compel us to render justice to the Chief Justice, and thereby do justice to ourselves as a civilized nation. Otherwise, the country and its people will be the final losers. We call upon the government to do just that.

We intend sharing the content of this letter with the media as well

 

On behalf of the Central Council of the Congress of Religions

Related posts;

Mahanayaka’s Kind Request: Withdraw The Impeachment Motion Against CJ

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Latest comments

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    Very proud of the clergy, for this excellently constructed letter. There is no doubt that any person with a basic education and understanding of the issues can see the truth being spoken here by the clergy. I don’t believe the powers that be care anymore about us and what is broken to acheive their own goals whcih are apparently driven by greed. Everything is controlled by a small family group. The economy is in shambles the cost of living has gone crazy a basket of food that cost LKR 500 3 years ago cost about a LKR 1,000 last year and now you need LKR 3,000 this is astronomical. It is an indication that the economy has been mismanaged the politicians don’t care, or total ignorance. People are not equal under the law we can see that the CJ is also being treated with disdain. To some extent I blame her for ‘running with the hounds’. Her husband should not have been offered a post in a state enterprise, firstly, he should not have accepted because of a conflict of interest secondly. This is a sordid affair makes one saddened to be a Sri Lankan and Mr P, we had great expectations from you after the success of the war. We now lay more shattered than before during the height of the war. Dissapointment is an understatement.

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      The King has understood the impeachment of CJ has backfired. He is now making frantic efforts to find a way out. Can’t trust a single word the man utters. He is willing to betray anyone as long as he can remain in power. God bless Sri Lanka.

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    It is a cry from the soul of all religons and communities of Sri Lanka, united in the cause of truth and justice. Govt must abandon its obstinacy and comply with the wishes of the people whom they claim to represent. To tarnish the image of this country in the world when there are so many good and decent people amongst us is a crime that will have grave repercussions for the govt.

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    Venerable members of the clergy, we salute you for taking this bold stand. At a time when MR is distribting duty free vehicle permits to the clergy and some are falling for it, it is admirable that you are standing for reason. Although MR says “hamuduruwane” “piyathumani” at every meeting, he will not listen to you. But by not listening to you, he exposes himself.

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    Good Attempt

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    An EXCELLENT presentation. It openly deals with the main issues in relation to the “Impeachment Process” that was haphazardly set in motion by the PSC. From the beginning the PSC showed a face of antaganism and disregard to natural justice. When we read the briefings of the four representatives who withdrew from the sittings,it clearly indicated, all the attempts to bring sanity to the process failed. It is also now very clear that the defendant was very much humiliated and intimidated to an unbelievable extent that she did not have any other option but to leave. The way the defendant was treated at the inquiry compell us to conclude that it was manupulated attempt to force her to take that step, so that the PSC could do as “they pleased”.

    As I said erlier, the very fact that the defendant and the team of lawyers responded to the “summons” and decided to appear before the PSC indicated that they were not at all “challenging” the very set up of the PSC. Infact, the accused even took the step of forwarding in “interim reply” to the charges presented. Their objections on certain matters, such as the two members who in her mind were bias, should have been referred to the Hon”ble The Speaker who was the appointing authority. But the Chairman took upon himself the responsibility to decide on the matter.

    The next important matter was the request for the witness list and the requirement of the cross-examination of the oral evidence. The PSC had clearly indicated that there want be any oral evdience, but when CJ left the proceedings,that ruling was conveniently forgotten and took action to summon sixteen witnesses. To our amazement, the Daily News went on to publish evidence of some withnesses given under oath, which I believe is a very serious matter for consideration by the Speaker of the House. This is now in cerculation in some of the Web pages.

    This is in no way to defend CJ. If at all an “impeachment” is to be done. do it in the most “judicious” and “respectabale” manner so that the strength of the systems of governance and rules of justice are adheared. That is what we cry for. Nothing more, nothing less.

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    The nation salutes the religious leaders of all faiths for the bold stand taken when democracy is about to be a thing of the past.It was flagrantly clear that a dynastic dictatorship of one family was much on the cards.
    THOSE MEN IN ROBES WHO SOLD THEIR SELF RESPECT MUST BE DE ROBED IF THEY DO NOT REMOVE THEM OF THEIR OWN VOLITION.
    THE SC MUST HAUL ALL THE HEADS OF ALL STATE MEDIA FOR INSULTING THE POSITION OF CHIEF JUSTICE OF OUR COUNTRY AND ALSO FOR THE ABUSE HURLED ON A GRACIOUS LADY WHO surfaced from a rural background GOT TO THE TOP BY EDUCATION UNLIKE THE CLOWNS WHO GOT WASHED INTO GOVERNMENT MERELY ON THE WAR EFFORT.The success of eleminating terror was laudable,and this does not mean that the actor can do anything and be their for all time and then pass on to the family.
    THE CLERGY THE BAR ASSOCIATION AND CIVIL SOCIETY TOO MUST STRONGLY AGITATE FOR THE TWO TERM LIMIT ONLY UNTIL THE PRESIDENCY IS ABOLISHED WITH A NEW CONSTITUITION.THAT IS TO ANNUL THE 18TH AMENDMENT AND RESTORE THE 17TH AMENDMENT.
    That the country still has men who can stand up to leaders who are drunk with power is some relief for the speechless millions.
    Millions will hit the sack as the editor of a paper said recently when children of the uncrowned king will engage in night motor races for which racing cars were allowed duty free.Its on record when one son openly said that they moved from government house to house when they were small now own billions.

  • 0
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    how come none of the members of ” congress of religons” ever said that issues relating to tamil people have to be addressed urgently. i personally couldn’t give a toss about these people.

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    Now all these religious dignitaries will be offered Lamborghini cars and I am 100% sure that these dignitaries will not even accept a pair of slippers. These are the true leaders and definitely not Mervyn, Duminda, Sajin, Rajapakses, Yapas, et al.

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    I am honoured that we have Prelates who talk for justice, truth and reconciliation for the benefit of society.

    I am also proud of the Hon. CJ for standing by her concious and stand by the Masses regarding Divineguma Bill, still after her husband’s humiliated firing from his job, and still risking her job also for not authorizing this mega 85 billion rupee project going solely under President’s brother’s control.

    She could have easily authorized this MEGA BILL AND COULD HAVE ENTITLED FOR A FREE SUPER LUXURY HOUSE IN THE HEART OF COLOMBO, A LUXURY CAR, A FAMILY VACATION TRIP FOR ONE MONTH ANYWHERE IN THE WORLD PLUS ENOUGH MONEY TO RETIRE FOR THE REST OF HER LIFE, AS A GIFT FROM ABOVE FOR HER “GOOD WORK” FOR HIM.
    This is the usual practice which I could prove with evidence if anybody wants to know. Giving a gift of a luxury car as a wedding gift is nothing for the President….as he has to act as “MAHARAJANO” and the gift should resemble his status. I hope you agree….

    1)The other day Ex. CJ Sarath N. Silva told in Rathu Era, that he PLEADED with President not to go ahead with the “Hedging Deal”…… and it went so far that he…CJ SNS finally GAVE IT UP…….why…why….
    Now the amount we have to pay is Closer to ONE BILLION DOLLARS ….AND COUNTING INTEREST EVERY DAY WE DELAY.

    2) I have a three bedroom house and the usual fridge,TV and an Iron and few lights. No A/C. My monthly electrictiy bill is Rs. 2,400 average.
    Just imagine when the Mattala Air Port is built….just to A/C the whole building 24 hours a day , supply free water for restrooms,pantry and dining rooms, staff quarters, 24 hour lights in the whole building, lights in the roads, runways, Logistics,transport, maintenance, carpark etc…etc……ALL UTILITIES TO BE PROVIDED FREE WITH NO INCOME GENERATING…..How many planes should land just to cover the marginal cost alone….Who bears these cost…..and loss.Even in Katunayake airport the temperature (A/C) is warm in the departure lounge. Just imagine in HAMBANTOTA……

    3) Similarly Hambantota Port…..how much the maintenance cost and how much the revenue…..If anybody could answer.

    Many more I could write.

    But while all these are taking place ….the TV shows how in a village the people have to cross a stream, water down to their shoulders to go to other side every day FOR THE LAST THREE YEARS, even to go to schools, market, hospital or even to bury their dead…..after collapsing a bridge…not repaired for three years.

    4)There is a saying that a WISE KING ACCOMODATE AND ACCOMPANIES ALWAYS WITH LEARNERD AND WISE MEN……. AND A FOOLISH KING IS SURROUNDED BY FOOLS AND KILLS THOSE WHO ADVISE HIM.

    HOPE WE SRI LANKANS ARE NOT THAT UNLUCKEY.

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    Jayantha

    Now you prefer the clergies to politicians. Is this the right time to replace the kleptocracy with theocracy? My fear is that in Sri Lanka the theocracy will end up as Klepto-Theocracy.

    Had these people practiced what their vocation demanded of them Sri Lanka would not be in this dire condition.

    I find it bit odd that these clergies have found the time and courage to address the issue. They were lying low when their contribution was urgently needed.

    This not a good sign.

    Some of them may harbour secret ambitions, who knows.

    A group of Rasputin in the making. Watch out.

    • 0
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      Native Vedda,

      Please….please answer my following questions:

      1)How President Rajapakse spendS 75% – seventy five percent of his time and a substantial amount of money visiting Buddhist Temples and Preletes, giving dana to thousands upon thousands of preletes and devotees almost every other week while building colossal and mega dagobas and Buddha statutes every corner in the country,

      2) What made President to build over 30 odd buddha statutes, Stupas and Pansals(temples) in North East recently which were predominantly Tamil areas….while restricting accesses to Hindus, Muslims and Christians to their Kovils, Mosques and Churches by armed forces.

      3) How many new land deeds were given to Buddhist temples By President.

      4) How many new Buddhist Temples (Pansals) were built by President.

      5) How many new Buddha Statutes along with the World’s tallest Buddha Statue is built by the President.

      5) How many Buddhist Themples/ Viharas/ Dagobas/ Buddha statutes and other Buddhist related sites were restored and renovated and re-painted by President.

      6) How many Buddhist Libraries, Buddhist learning and rest centers including the one built near thummulla junction by the President.

      7) How many Pirith/ Bana/ and Dana performes per month by President.

      8) How President Build a Buddhist University in Sanchi- India amid Violent Protests by Indians ….as a mark to celebrate Buddha Jayanthiya.

      9) What did president do…when The recent Hindu Kovils, Muslim Mosques and Chiritian Churches were attacked and Vendalized by Yellow Robe Criminal Thug Fanatic Sinhala Ter…..ists along with their Goons.

      10) How come both TV and the Radio is completely occupied by Buddhist Fanatics 24 hours 265 day year… trying to preach Damma, bana and pirith which most of us don’t understand anything….. to Brainwash and make people submissive to the regime while the regime screw the country and it’s people.

      11) Where is the 960 Mile “PIRITH NULA” GOING TO END UP IN…..OTHER THAN THE …ARALIYA GAHA MANDIRAYA….

      12) Who is Exporting Buddhism to other countries, while the country is ruled by a Power hungry, moronic Lunatic.

      12) What are the other “surprises” that the Buddhist could expect from the Regime in the coming months..

      13)Also Can you explain the meaning of the longest and the most Prestigious title ever that President Rajapakse recieved from Kandy Preletes……

      CAN YOU PROVE ME NOW WHO IS POLITICISING THE RELIGION AND THE RELIGIOUS MONKS TO ACHIEVE THEIR CORRUPT POLITICAL GOALS AND MAKE TO CONFLICTS AMONG RELIGIOUS AND RACIAL LINES.

      Remember Banda played this card 60 years ago.

      PLEASE ANSWER THESE QUESTIONS….ONCE I RECEIVE YOUR ANSWERS, I WILL POST MY NEXT BATCH OF QUESTIONS…..WHICH MAY BE LITTLE MORE COMPLICATED.

      PLEASE REMEMBER THAT WHEN YOU OPEN THE PANDORA BOX….MAKE SURE YOU CLOSE IT……..YOU BREAK IT YOU HAVE IT…..YOU OR THE PRESIDET….SAME.

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        Jayantha

        I am not a mystique who can read other people’s mind.

        However MR is not just building all these symbols of Buddhism he also into Hindu rituals observing poojas not only in Sri Lanka but in South India as well.

        Does he believe in Karma.

        Please read Prof Gananath Obeysekere’s “The Vicissitudes of the Sinhala Buddhist Identity Through Time and Change”

        You will find some explanation as to why kings observe all these religious rituals after killing people in wars.

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          Native Vedda,

          First actually you don’t have to read other peoples minds to know what’s going on. When you watch TV, Radio and daily life style and move around the country you could see these things.
          In fact I like if the people are becomming more pious after all these rituals and constructions. But still the crime rate and the suicide rate is increasing at an alarming level and the suspicion among different communities and religious groupes has widened and people are trying to leave country even in boats and so on. Meanwhile did you hear about the mysterious earth slips in Mannar and up country…..and some sightings….and fires…which never herd before. They say something.

          What I herd from history was after king Dutugemunu kiilled king Elara, he built a monument for him as a RESPECT FOR HIS SOUL……WHICH PRESIDENT RAJAPAKSE DID NOT PERFORM PROPER BURIAL RITUALS FOR DEAD TIGER SOLDIERS OR EVEN PRABHAKARAN. I mean with Hindu or Buddhist or Christian or Muslim religion burial rights.

          Remember when Americans killed Bin Ladan, they performed all the Muslim burial rituals (which were conducted by a Muslam Imam on board of the ship) and then dropped the casket into the ocean……..but we just buldozered the whole tamil tiger cemetery and erased the rest from the map……..which I think is VERY WRONG and VERY UNETHICAL TO THE DEAD SOULS.
          PRESIDENT SHOULD NOT HAVE DONE IT.

          If you believe in Karma….may be those dead tamils could re-born in your own family…or could be your neighbour…..I hope you understand what I try to explain.
          President has to offer condolances to the families and offer them special Alms Giving(Dana) on behalf of all the dead Tamil civilians, Tamil Fighters while remembring others….I think this is a must if President want to heal the souls of the dead.
          Giving dana in Anuradhapura for Buddhist Prelete and worshippers cannot compromise for the dead Tiger soldiers to relieve their souls. This should be a seperate ritual along with hindu and other rights of the dead.
          MORE OVER HE SHOULD NOT HAVE STOPPED THE BURNING OF CANDALS IN THE JAFFNA UNIVERSITY.

          When the Buddhism say not even to kill an animal….then how much it says to respect the dead human…..no matter what race or religion….and these rights and rituals for dead are clearly stated in UN constitution…..but in Buddhism it says better.

          Agreeing or not to this is President’s choice….but as a human and a citizen with sense which effects all of us, this healing of the souls of the dead is what my judgment.

          Of couse Govt. performs rituals for dead Sinhala soldiers and the civilians and their families and it’s correct.

          Yes in any religion they preach about Karma….the heaven and hell…and life after death, and as a devoted Buddhist President has to agree that he believes in Karma.

          Hope I explained correct.

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    Shouldn’t these prelates ,specially the Buddhist be concerned about the welfare and well being of their followers’present life as much as their next life?.

    The great majority of this Nation are Sinhala Buddhists who are the rural poor people.

    They are now reaping some benefits from the current Economic Development.

    Now that the International community is keeping tab on us, in these Prelates own words,wouldn’t it be better to allow these followers to get ahead a little bit, after suffering for 60 years, with the last 30 been the worst.

    Wouldn’t it be more embarrasing for the prelates, when these Internationals whom they seem to admire and associate with see the great majority of their followers half starved and waiting for these Intrnationals to send them a few shipments of Wheat flour?.

    Wouldn’t it be even worse when these Internationals specially their children are Tweeting ,Texting, Face Booking and Partying when our kids are hanging out in the villages with nothing to do and wondering where the next meal is coming from?.

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      K.A Sumanasekera

      “They are now reaping some benefits from the current Economic Development.”

      Are the Chinese rural poor reaping the benefit from current Sri Lankan Development?

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    OH! COME ON. ARE YOU NOT THE SAME PEOPLE WHO PARTICIPATE IN STATE FUNCTIONS.? ARE YOU NOT THE PEOPLE WHO BLESS THEM WHEN THEY COME TO YOU AND ALSO ACCEPT THEIR GIFTS.

    I WONDER WHO THIS MUSLIM CHARACTER WHO HAS AFFIXED HIS SIGNATURE.

    WHO GAVE HIM THE RIGHT AND WHO THE HELL IS HE TO SPEAK ON BEHALF OF MUSLIMS.

    MUSLIMS HAVE NO LEADERS AND NO CLERGY EITHER.

  • 0
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    The King doesn’t want anybody, above his knowledge or qualifications like the Friday Forum, to be partnered with. He think they will undermine his Kinship, which is NOT BECAUSE OF INFERIORITY COMPLEX….OR not because who could advise THE KING……

    That’s why he is more comfortable surrounded by grade nine school dropouts,half educated lawyers and Kelaniya Rajas and mere chartered accountant as CB chief….and other Ministers and corporate bosses…… .why….why….why…..Think Deep.

    Because by placing all these at correct places the King COULD DO WHAT HE WANTS, WHAT HIS SIBLINGS WANT, WHERE HE WANTS, WHO HE WANTS AND WHENEVER HE WANTS……WITH HIS COUNTRY……..Period.
    This is the easiest way for Rajano to become Gasano….

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    Jayantha quite correctly says a Wise King sorrounds himself with the wise etc But here we have Aiya in the House and sudu malli in the Palace and both satisfied they have the right material in their respective abodes. Reminds me of Emperor Caligula during Roman times
    when he appoints a Horse to his Cabinet. Our lot seems to have mistaken Donkeys for Horses. Believe me, I have no intention to insult the noble 4 legged Donkeys. At least they work hard – like Donkeys and don’t complain. They don’t take to the streets or stab you in the back.

    Senguttuvan

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    Jayantha says

    “If you believe in Karma….may be those dead tamils could re-born in your own family…or could be your neighbour”

    No thanks I am trying to get away from stupid Tamils and stupid Sinhalese as far as possible.

    They take you with them when they go down. Going down is their second nature.

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    Jayantha says:

    “When the Buddhism say not even to kill an animal….then how much it says to respect the dead human…”

    What else can you expect from perverted Sinhala/Buddhism.

    Sinhala/Buddhism has its own way of justifying the practice of Sunday sil Monday kill. Or for that matter “kill the Veddah, rob the Buddha and blame the Sudda”.

    You say:

    “Tamil Fighters while remembring others….I think this is a must if President want to heal the souls of the dead.”

    The Sinhala/Buddhist used to say a dead tiger is a good tiger. Perhaps in their own perverted way they have made all tigers good tigers by killing them all.

    You also must remember how the state treated the innocent Sinhala youth who were brutally massacred by Sinhala/Buddhist state and its armed forces. The state has no respect for human, dead or alive.

    The point I am driving at is that the state has to restructure itself otherwise some foreign forces will do it for them at unlimited costs to life and property.

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