By Stanislaus Celestine –
Stanislaus Celestine
Day before yesterday,(19.03.2018) the entire tamil community around the world witnessed a heart rending incident that took place in Kilinochchi, Sri Lanka.
One Sachchithanantham Ananthasuthaharan was arrested in 2008 under the Prevention of Terrorism Act of Sri Lanka and the duty to look after his two little children went to his wife , Yogarani who had no permanent job to support themselves financially. Sachchithanantham Ananthasuthaharan, after the criminal proceedings against him, was found guilty to the charges and sentenced to life Imprisonment by a high court and thus has been serving his life sentence in prison.
Things went from bad to worse when his wife, Yogarany died recently due to sicknesses. Sachchithanantham Ananthasuthaharan was allowed to participate at his wife funeral ritual in Kilinochchi and after that ritual prison and police officials informed him that it was the time for him leave and proceed to the prison. When Sachchithanantham Ananthasuthaharan went to get in the prison vehicle, his daughter, probably around 10 years old, who grew up without her father’s love with the support of her beloved mother who too left her permanently, refused to leave her father and without realizing the consequences, that little girl decided to go with her father in the prison vehicle to the prison and live there. The photographs and video footage recording this pathetic tragedy went viral yesterday and all the people who came to know about this felt bad and started to blame the Good Governance and the Tamil Politicians, especially the Tamil National Alliance (TNA) which was widely criticized for indiscriminately supporting this Maithri-Rani Government.
Tamil people, who were instrumental in bringing HE President Maithripala Srisena into power, with a lot of anticipation expect HE President Maithripala Srisena, who is known and seen as a simple and kind hearted president, to grant a pardon to this ill fated Sri Lankan Tamil, Sachchithanantham Ananthasuthaharan by virtue of his powers vested under Article 34 of the Constitution of Sri Lanka.
The Article 34 of the constitution of Sri Lanka is reproduced here.
Grant of pardon
34. (1) The President may in the case of any offender convicted of any offence in any court within the Republic of Sri Lanka –
(a) grant a pardon, either free or subject to lawful conditions ;
(b) grant any respite, either indefinite for such period as the President may think fit, of the execution of any sentence passed on such offender ;
(c) substitute a less severe form of punishment for any punishment imposed on such offender ; or
(d) remit the whole or any part of any punishment imposed or of any penalty or forfeiture otherwise due to the Republic on account of such offence:
Therefore, the HE President Maithripala Srisena has enough legal powers in this regard and it is matter of time for the president to make a determination as to whether he should grant a pardon on Sachchithanantham Ananthasuthaharan.
If anyone asks a question so as to whether this is an exceptional case, my answer is Yes…A BIG YES…
My point on this matter will be justified in the following case law where Justice, Raja Fernando observed a similar concept in relation to what is an exceptional situation.
Under the laws of Sri Lanka, certain offenses have been classified as serious offenses and any bail application on behalf of such accused can not be entertained by such court unless there is an exceptional circumstance established by such accused through his petition.
In the Court of Appeal Case of CA (PHC) 03/2002, it was stated as follows:-
“…….Taking into consideration the special circumstances in this case, in that both parents are in remand and that thee is no one to look after the child and also the long period of remand, we enlarge the suspect, Kanathala Sueetha on bail subject to the following conditions”
Therefore, I emphasize that this is a right case for the HE President Maithripala Srisenal to apply his power vested under article 34 of the constitution to grand a pardon to this ill fated citizen and thus make a move for a good and reconciliatory enhancement between the Tamils and Sinhalese one step further.
This post should NOT be viewed from a political viewpoint and I urge everyone who read this post to see this situation on humanitarianviewpoints as a fellow Srilankan citizen .
I always emphasize that Sri Lanka should be a #one and undivided single country and honestly, the Tamil citizen too love this country as much as the Sinhalese do.
I urge my fellow Sinhalese citizens to exert pressure on the HE President Maithripala Srisena to make a final determination on Sachchithanantham Ananthasuthaharan and grant a pardon in line with his power vested under Article 34 of the constitution of Sri Lanka.
Let’s build our country in both reconciliation and development.
Dr Dayan Jayatilleka / March 22, 2018
“Sachchithanantham Ananthasuthaharan, after the criminal proceedings against him, was found guilty to the charges and sentenced to life Imprisonment by a high court and thus has been serving his life sentence in prison.”
What was/were the specific charge or charges that he was found guilty of “after the criminal proceedings against him”?
I find it interesting that these charges are not specified.
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Mallaiyuran / March 23, 2018
Sinhala Rapist army planted bombs into the female parts after raping Tamil women. Karuna simply killed 600 polices who were captured by the LTTE rebels. When Lasantha case was investigated it was found army killed & stole Tamils’ motor bicycle to make it look like LTTE did it. Kathirgamar was killed by LTTE as per Chitanta, but by Old Royals as per Ranil. . Raviraj and Parajasekaram committed suicide.
When Army was burning a corpse in Muthaveli, the judge said he will not go beyond as what the police wanted as the verdict.
Is Thero ready to appeal the man’s case to Privy Council, instead of Sinhala Jury verdict?
Does Thero know UNHRC is recommending Universal Jurisdiction for Sinhala War Criminals? Does he know Son Prince could not go America? Even Udayanga was removed from the plane that was about take off to US from Emirates. Udayanga’s, Jagath’s, Son Prince’s stories is telling that one day, One those countries going tell that whoever lied in May 2009 at UNHRC also should not come to their countries.
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sach / March 23, 2018
It was your IPKF who used to rape Tamil women, in Sri Lankan conflict rape was not a major issue though there were few isolated cases. Rape became a major issue only during IPKF time.
And read To end a civil war published by Balasingham’s boy friend Erik Solheim. He accepted and gave reasons for killing Kadiragamar.
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K.Pillai / March 23, 2018
Surely Dayan law and order is bad in SL and worse in N&E.
It is easy to buy a prosecution for example against a business rival. Or buy an acquittal.
Why the hell do you think police transfer is much sought after?
Drug and alcohol trafficking is rampant but how many prosecutions?
Come off this I-do-not-know syndrome.
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sach / March 22, 2018
The father here was arrested for helping a suicide bombing plot in 2008 and was punished for that. There is NO need to give this criminal any sympathy just because he has young children. The bus bomb this criminal tried to plant would have killed many children.
Are we going to apply the same logic to every other criminal in Sri Lankan prison? Is he the only criminal in SL prison who has children? Arent there children spending their time in jails together with their mother? What is so special about this criminal? Because he belonged to LTTE? Because he is Tamil?
And guess what these fellows ask these things while bringing unreasonable charges against SL forces.
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Sagara / March 23, 2018
So how you will explain the release of jvp sahotharayas who was involved in 1987 troubles ? Are there any separate laws by ethnicity sir? Do you know how many innocent tamils civilians have accepted their pseudo guilty under threat of extermination. ?
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sach / March 23, 2018
Do you know more than 13000 were released and rehabilitated? MR government provided education for child soldiers as well. Which planet do you live in? Suicide bombers are a different people.
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sach / March 22, 2018
Why havent you mentioned the crime he committed Stanilus? The criminal here was involved in a suicide bombing plot ryt? So in your logic, the Sri Lankan armed forces did war crimes and they should be punished irrespective of whether you can substantiated your claims or not, but for reconciliation, Sinhalese should pardon Tamil suicide bombers? Isn’t that what you are saying? Well I would suggest hang the suicide bomber. To hell with yahapala reconciliation
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Mimi / March 22, 2018
Purely from a humanitarian point of view, this man should be now released, and could be monitored if he is on probation. He has served 10 years, and two little girls need him badly at home, now that his poor wife is no more. It would also show that Sirisena is making an effort to help a minority family, and these are special circumstances.
If he is now not a threat to society anymore, and will contribute to society, it will bode well for our country to show good faith towards the minority communities, by this humanitarian gesture. I hope Sirisena does the right thing by these two little girls.
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Herbert Thambiyah / March 22, 2018
BBS Chief produced by police to 3 courts on same day immediately bailed out.
Prince Namal Keep arrives in Srilanka after a Interpol Warrant from Dubai Immediately bailed out
Thummulle Wimalya for keeping 2 passports Bailed out
22222222222v Immediately bailed out after brief Interview at speakers bungalow.
The list goes on from 1-100 but the Judges are silent.
A failed state.
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Shenal / March 22, 2018
So terrorists should be freed because their kids are weeping for their return while members of Sinhalese armed forces should be hanged if necessary even though their kids wept. What kind of hypocrites are you lot?
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Stanislaus Celestine / March 22, 2018
Thank you for publishing my article…
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Thondamany / March 22, 2018
No time….. His my father President running riot.
This is life.
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Ad / March 22, 2018
When President’s SIL is imprisoned in a similar manner, and if his grand daughter faces a similar situation, at least then he will realize his mistake.
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Champa / March 22, 2018
NO!
How many Tamil, Muslim & Sinhalese children did LTTE terrorists kill mercilessly? This girl’s father is a hardcore LTTE terrorist. He is responsible for civilian bombing. His daughter is not the only one who is suffering. There are hundreds of thousand of children of massacred civilians, army, navy, air force and police officers and their wives and parents are also suffering. Why only the President pardon a terrorist while our war heroes are in jail ever after protecting the country?
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I wish to remind the President that in 2015 the whole country, including myself made an earnest appeal for him to revisit the case/grant clemency to “Staff Sergeant Sunil Ratnayake” who was imposed a life imprisonment for a crime not committed, based on fake evidence given by LTTE terrorists. He also have children but the President didn’t pay any heed to the plight of the children and the wife of a Sinhalese war hero who spent his entire young life serving the Army in the prestigious Long Range Renaissance Patrol (LRRP) and the rest of his life in the prison, now more than 15 years, without having an opportunity of a single day to spend with his children even after fighting against LTTE with life.
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What justice is there for even considering of granting clemency to a terrorist while the same “privilege” is denied to Sunil Ratnayake.
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President NEVER intervened in protecting war heroes from jail terms. Why should he intervene now by pardoning a terrorist just for the sake of the tears of the daughter of a Tamil terrorist when he completely ignored the tears of daughters and sons of Sinhalese war heroes who were already in prison and who are now in agony for fear of their fathers being taken to war crimes tribunal via ICPPED?
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Shrikharan / March 23, 2018
Champa for you Sunil Ratnayake was convicted on fake evidence and how come then even this girl’s father would not have been such a victim. You agreed for once of course without consciously knowing it that the Sri Lankan judiciary verdict is erroneous.
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Mallaiyuran / March 23, 2018
Champawathi;
Don’t be such a hardcore. You time is coming. You people are going to write appeal after appeal for ICC for mercy. Remember, when Saudi was holding your woman to chop off the head, it was Ex. Secretary of State John Kerry got involved and had released. Is Ranil is still begging for Indian GSP+ or you are self-reliance, now?
Didn’t Pillaiyan self-confess that he was hired by Old Royal to kill New Royals?
Are you going to have fully implemented the Resolution 301 or are you going to pretend that you have become nice to Tamils by releasing this innocent guy?
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K.Pillai / March 22, 2018
Thank you Stanislaus Celestine.
The prosecution team had their own witnesses. Cajoling and threatening witnesses is the norm in this part of the country. The sentence was based on dubious evidence.
How come they are not able to prosecute Gnanasara?
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Stanislaus Celestine / March 22, 2018
I do not like any progress of prosecuting former defense minister and the president Mahinda Rajapakse or the Sri Lankan security forces for the alleged war crimes…There is a saying that “everything is fair in love and war”… past is past and it is better to consider reparatory process rather than prosecuting the persons responsible for such war crimes….Moreover, Mahinda is the greatest and most powerful politician of Sri Lanka and any move to prosecute him will add fuel to the flame ? and ultimately the Tamils will never achieve anything good for their future generations… Therefore, I insist that it is the time for reconciliation and development of our country, ??…In a post war situation, it is a common practice to release the prisoners , even convicted people, in order to promote reconciliation between the communities…because, they ( LTTE convicted people) fought against the army with the view of their political agenda…They can be granted a pardon… If we want to achieve a permanent political solution, there should be a compromise by both sides and both parties should trust each other… there is not even a sigle violence with a view of dividing the country after the war came to an end in 2009 and moreover, Tamils who are permanently living here in Sri Lanka ?? will never ever support any move to divide the country…I always insist that Sri Lanka shall be an undivided and indivisible single country and I love ❤️ this country like my mother… I believe the other Tamils also do the same…Therefore, no need to panic on this matter…I expect That my Sinhalese friends should treat us like friends and I honestly say that Tamils are not your enemies any more…
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sach / March 22, 2018
We pardoned 13000 criminals who should have been hanged. Isnt that enough?
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soma / March 23, 2018
Mr Celestine
Accountability is the very antithesis of reconciliation and reconciliation is the very antithesis of separatism.
Soma
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Dr Thilaga / March 23, 2018
Very good message and suggestion from a peace living Citizen ?
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Jim softy / March 23, 2018
STANIUSLUAS CELESTINE: Can you state what this Criminal offence is, please be kind. Besides, how can we believe that you are Tamil. I heard you are a sexual pervert which involved your wife, party femles and even little children as young as your daughter. Do you have list of chages in your lsit of offences. I heard you are protugeuse and some govt ahnded you over here because of the nature of your offences. I heard you also have multiple wives.
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shankar / March 23, 2018
multiple wives?can i have one please.My one is giving trouble at the moment.Did not service for awhile.Will return as soon as possible.We in CT blog must help each other.
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Jim softy / March 23, 2018
Why LTTE Tamils, TGTE, BTF, GTF, Canadian, aistrlian TFs, many Tamil organizations do not help you. I heard LTTE tamils were trying to kill you by beating you oushing you onto the ground and sinhala prisoners saved you. Now, they know what you did they are also not happy with you. YOu have along list of offences including stealing cattle for transport, stealing machine kasippu business, children and women were involved in it. It is a long list I heard.
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Lasith / March 23, 2018
Asking for forgiveness is human, but not being able to forgive is in-human.
They say that those with elevated souls pray for their adversaries or enemies.
There is no limit to what kindness can achieve rather than an eye for an eye method.
We don’t always have to be holier than thou and judge everything and everyone negatively.
The Buddha not only forgave angulimala he also saved him. That is what we learnt very early in life.
Think about it!
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Isharath / March 23, 2018
That criminal father would have felt those 10 long years in prison was nothing compared to those few seconds how his daughter hollered and cried not to leave him, finally to see the reality that the kid had to be forced –
He already served a decade in prison which hopefully might have made him understand the crime he committed. The poor kids has just lost her mother, probably thinking her father has to right to decide if he can stay with her. Let’s not punish a kid’s innocent dream to live with her father. – Sometimes people having kids alone is not enough to realize the feelings of this father and the kid. The moment the President and the kind hearted people should think that forgiveness is divine, and the punishment is not meant to be a retribution or revenge Let’s avoid another child growing with hatred.
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Karikalan / March 23, 2018
Were the JVP cadres of yesteryear charged with trivial traffic offences? Heinous crimes committed by them were murder, armed robbery and such other violent acts of alleged terrorism. But, they were all granted a general amnesty and let go scot free. When the prisoners involved are Tamils, Sinhala racists , Dayan Jayatilleke included, gang up and protest in holy horror. Indeed, funny logic. !
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shankar / March 23, 2018
The sentence seems pretty harsh if he is innocent or if he merely helped in a limited manner because he had no option but to do it.The harsh environment in which the LTTE operated thre was no way you could say no.Even a guy who gave a few rations to someone when he was the LTTE storekeeper was shot.That was the strict rules that operated.President should just look into his case again.Somany german soldiers were not prosecuted because under hitler if you don’t obey you will be shot.Same principle must apply to soldiers in the sri lankan army who had to obey orders.It is those who gave the orders who should be prosecuted.The question you have to always ask is if you were in that guys shoes what would you have done.disobey and get shot or obey and live.I think i would take the latter.
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Shanthan / March 23, 2018
The author has made an important appeal and everyone in the country should support what he has written.
At the same time, I would like to share some information about the author. He is a Tamil nationalist bigot. He contested with the EPDP in the local government elections. When there were tensions between Muslims and Tamils in Mullaitivu over resettlement last year and he went to Batticoala to seek the support of the Mangalaramaya monk who is one of the terrible racists in Sri Lanka.
Regardless of this author’s anti-Muslim hatred, I support the appeal he has presented.
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stanislaus Celestine / March 23, 2018
I never contested in any election and I am not a politician. i did not seek any support from the monk you mentioned over Mullaitivu illegal colonization… I organized a demonstration over that Mullaitivu illegal colonization with the support of the Mullaitivu area Tamil people as Minister Risath was doing that activity without the consent of the land minister of the Northern Provincial Council, Vigneswaran who is the chief minister of the NPC. I am not an Anti -Muslim. I respect and treat all the citizen of sri lanka as equal…Thanks…
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stanislaus Celestine / March 23, 2018
Dear Santhan, I never contested in any election and I am not a politician. i did not seek any support from the monk you mentioned over Mullaitivu illegal colonization… I organized a demonstration over that Mullaitivu illegal colonization with the support of the Mullaitivu area Tamil people as Minister Risath was doing that activity without the consent of the land minister of the Northern Provincial Council, Vigneswaran who is the chief minister of the NPC. I am not an Anti -Muslim. I respect and treat all the citizen of sri lanka as equal…Thanks…
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Jim softy / March 23, 2018
This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/
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Sanath / March 23, 2018
Hi Stanislaus,
Could you please upload this petition on https://www.change.org/ ?
Hopefully we will get some support.
Thanks
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Stanislaus Celestine / March 23, 2018
Thank you for this and I will do it right now…
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Shanthan / March 23, 2018
Dear Celestine,
My sincere apologies for posting that you contested with the EPDP. I was wrong – I just found out that you actively campaigned for the EPDP on Facebook. However, I do not agree with your position on the resettlement of the Muslims. I saw on Facebook that you even met the Mangalaramaya Thero during the problem. I am glad that you are challening the Tamil National People’s Front. Am glad that you like to treat all the communities the same way. A word of advice: be a little careful with Mrs Usha Sriskandarajah who is supporting your appeal which is a good thing. Her politics is disastrous. Thanks for engaging.
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Stanislaus Celestine / March 24, 2018
Yes I met the Monk two years in Batticaloa and asked him to help the tamil people in the Batticaloa district who are politically marginalized as TNA was defunct in the eastern province even though they had two ministers in the EPC. That Monk admitted that the Tamils are cornered in the eastern province politically and economically… He assured me that he will help the Tamils… From that day onwards, he did not do anything against the tamil people of EP and in fact, he started to help them. What is the wrong in meeting a monk in a peaceful manner. Tamils can not treat monks as our enemy… If you treat a person with courtesy, they will also treat us in the same manner. Sinhalese are not Tamils enemies anymore and they have some greatest values which we should appreciate. All is well…Thank you Shanthan…
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Stanislaus Celestine / March 24, 2018
Dear Shanthan…Yes I met the Monk two years in Batticaloa and asked him to help the tamil people in the Batticaloa district who are politically marginalized as TNA was defunct in the eastern province even though they had two ministers in the EPC. That Monk admitted that the Tamils are cornered in the eastern province politically and economically… He assured me that he will help the Tamils… From that day onwards, he did not do anything against the tamil people of EP and in fact, he started to help them. What is the wrong in meeting a monk in a peaceful manner. Tamils can not treat monks as our enemy… If you treat a person with courtesy, they will also treat us in the same manner. Sinhalese are not Tamils enemies anymore and they have some greatest values which we should appreciate. All is well…Thank you Shanthan…
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Sandy / March 24, 2018
This little girl knows just one thing.
This is her Father. Her only family.
Living with him,even if it be a prison ,
Would be happiness and security.
Mr.president, how would you feel in
This man’s place ?
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Stanislaus Celestine / March 24, 2018
Dear Shanthan…The purpose of forming a local government body is to develop the local area… TNA has already proved being in the power of the NPC that they (TNA) are incapable of doing anything good in terms of development and therefore, giving the local government body to the TNA will bring nothing to the area people.
On the other hand, the EPDP has done a lot of services and developments when they were in power of those local governments bodies. When the Jaffna Municipal Council was ruled by the EPDP, there were considerable activities took place and the area was clean and tidy and when the TNA took over the NPC, everything went upside down.
So, my conscience did not allow me to support this lame TNA to capture the local bodies. Therefore, I took a correct a correct decision to tell the people that supporting EPDP in the local government bodies will bring more fortunes ? to them. Around 60,000 people from the Jaffna district supported the EPDP… Are you saying all these 60,000 people who voted for EPDP are fools or traitors? You have no option other than respecting the people mandate.
I do not share things expecting the people to like it more or share it more. I just share things which I find rational and appropriate. I do not like to fool the tamil people like TNA selfish politicians who receive all the privileges by supporting the #goodgovernance … I want to be honest to myself first…Thank you friend for your concern…
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