Monday, 26 August 2013

C.V.Wigneshwaran TNA's Chief Ministerial Candidate gives a new twist to 13 Amendment.

The TNA’s Chief Ministerial Candidate C.V.Wigneshwaran is supposed to be a jurist, but unfortunately he seems to have got every thing wrong. He has said in a statement to  Colombo Gazette,  referring to the Indo-Lanka Pact,  “This is an international agreement. This came about following an agreement between India and Sri Lanka. But if it is going to be changed then India must be consulted.”

Wigneshwaran has to read up his law books before making such a statements as the Indo-Lanka Agreement is a bilateral agreement, and it has not the character of an International Agreement.

The 13 Amendment  is no more a part of that Agreement , but  an Amendment to the Constitution  of Sri Lanka. Sri Lanka need not consult  India to remove the 13 Amendment from the Constitution.
“International agreements too may lapse through war or denunciation, or when a fundamental change in circumstances occur”

The Indo-Lanka Agreement was entered into for a specific purpose of disarm the terrorists, and bring peace to Sri Lanka.  Since the circumstance have changed and India could not keep its part of the agreement the Indo-Lanka pact has lapsed.

The 13Amendment was entered into the Constitution of Sri Lanka  as Sri Lanka’s part of the Agreement, for India to fulfil its part of the agreement- which was to disarm the terrorist and bring about peace in North and East.  

As the Indo-Lanka pact is not valid any more as India failed to keep its part of the agreement the government of Sri Lanka is not bound any more to maintain the 13 Amendment in the Constitution or Consult India to remove it from the Constitution.

Wigneshwaran has said that the 13th Amendment came about as a solution to address issues faced by Tamils.  He is wrong as the Indo-Lanka pact was not to address solution faced by the Tamils, but as a solution to end  terrorism and bring peace to  Sri Lanka.

He had further said that the Tamils have issues and it is “ shocking” if the Sinhalese Majority are not aware of that.”  But he does not seem to know that the  Sinhala Majority also has issues.

Wigneshawaran is living in a different Sri Lanka. The Sri Lanka of to-day we know has removed the cancer of terrorism and is on the way to reconcile the Communities to take the country forward as a nation of  united people not separated by narrow communal differences.

If this is the language that Wigneshawaran speaks, he will be another barrier for the reconciliation of Communities if he were to be the Chief Minister of the North Provincial Council. It would be unfortunate not only for the Tamil people of the North, but also for Sri Lanka as a whole.

His political views are hackneyed and out of date. They are not different from that of the dead terrorist Prabhakaran.  It is no surprise that the TNA has selected him to be its Chief Ministerial Candidate.

If these are the types of Jurists we have it was no wonder that the Sri Lanka Constitution was wrongly interpreted by the  Supreme Court on the question of the impeachment of Shirani Bandaranayake.

No comments: