It is
interesting to present the two patriots
who dared tried to cross the threshold to legally remove TNA from the political
scene in Sri Lanka. Though their efforts were to end in
frustration the efforts themselves were remarkable. It is more the so when TNA is calling loud
and clear for terrorism, when they are suppose to give the people they
represent peace, security and happiness.
If tomorrow’s voting is going to be in their favour it would be a sad
aftermath of a heroic effort of our soldiers, their sacrifice of lives and
limbs to give the Tamil people in the North and East who suffered most from
terrorism an existence of peace and security.
It would
certainly have been ideal if the PC elections were held with a legally eliminated TNA and a
Constitution without the repugnant 13A.
When most of us wrote against the TNA and the necessity to remove the
13Amendment, both Stanley Perera and Jayantha Liyanage wanted action and not words.
Stanley Perera
Stanley
Perera is a retired Medical Researcher
from Australia.
He loved his country above everything.
He was overjoyed when terrorists were finally eliminated, and Sri Lankans
were able to live peacefully.
But he was
irritated that despite the elimination of thirty years of terror and bringing
back peace, and the Government was taking vast strides in the development of
the Country the Tamil National Alliance was doing everything possible to
discredit the government here and abroad
without contributing in any way for the improvement of the lives of the Tamil
people in the North and East who suffered most under terrorism.
Stanley sent passionate articles to the Lanka Web against those who
irrationally downgraded the progressive work that had been undertaken by the
President Mahinda Rajapakse and his Government.
He was irritated that the Tamils who should be more appreciative of
the President and the Government were allowing the TNA to carry on its campaign of hatred.
Stanley
Perera was against the 13Amendment and thought it gave strength to TNA and
their goons to pervert the truth and put
the International community against Sri Lanka. He was angry that nobody was taking any action
to stop the TNA following the destructive path of thwarting the governments
progress for development and reconciliation.
He hated to
sit there in Australia
while his motherland is being dragged in the muddy waters of
disgrace and dishonour, and the heroic army accused for war crimes just because
they eliminated ruthless terrorism. He decided to take some positive action.
The only
way to stop the devastating propaganda that was being carried out against the
government by the TNA, is by filing legal
action against TNA and legally disbanding
it as a political party, for the breach of the Article 157 of the Constitution
of Sri Lanka. In early February,2012, Stanley Perera came to Sri Lanka, with
the determination to file a fundamental
rights action against TNA. He had to contact appropriate people to find out how
the case should be filed. He was prepared to finance his project.
Stanley
Perera had a great respect to the President Mahinda Rajapakse, and did not want
to file a case against TNA without first consulting the President. But he had
no one to put him in contact with the President. On his flight to Sri Lanka, he met Mr.
K.T.Rajasingham. He told Rajasingham of
his project and his wish to have the President’s approval for such an action.
Rajaratnam
told him that he should meet the President and perhaps get his point of view on
the subject. He promised Stanley Perera to put him in contact with the
President. But KTR
did not contact him, and Stanley
soon lost contact with him. Stanley
Perera thought it is right to inform the
President or some members of his cabinet to have their views before filing a FR case against the TNA.
He wrote to
the Lankaweb and got some of the Contributors to the website to support him. Stanley was going to finance the case on his
own , but some of the contributors to Lankaweb came forward offering help if he were
to go ahead with the case.
Stanley
Perera began his preliminary fact
finding mission, by contacting the leading lawyers of Sri Lanka to get their advice. He met Gomin Dayasiri, who told him that
filing a case against the TNA is a mind boggling matter. He told him that it will take a long time,
and advised him instead to petition the Election Commissioner to ban the TNA as
a political party, which he said will not cost much.
Thereafter he met another lawyer whose identity is kept back in his
interest. He described the Sri Lanka
Judiciary at the time -in February, 2012, as multicultural, dominated by
fundamentalist Islamists, and Tamils. The Sinhala judges would do any thing for
money. Siri Pawan he had said is a
better Sinhala than the Sinhala, but he would go along with the majority. He had mentioned Shiranee Tilakawardhane
(Booran) appointed to high court by
Lalith Athulathmudaly and later married to his assistant Tilakawardhane. She is said to be a fundamentalist Christian and anti
Buddhist.
He mentioned
another Lawyer who demolished the Buddhist
Statue in Trincomalee, who was later
appointed as the Chairman of a very
powerful Commission which put Sri
Lanka into a worst dilemma out of which it
is unable to struggle out. Stanley Perera listening to all that depressive information about the Sri Lanka Judiciary was very much
discouraged.
This same
lawyer had told Stanley
that he has a better chance filing a FR case against the 13 Amendment. He had added, “ … we have to wait for the
right time. The right time is after we have formed pressure groups and
made a public awareness campaign so that the GOSL will have to listen to the
people…..” This would take time and it
means lot of organisation for which Stanley
did not have the time and the necessary contacts.
The lawyers
he contacted were however favourable to
a case against TNA MP Sivajilingam who made a speech in the Parliamenrt
suggesting to send 4000 plastic body bags to transport the Sinhala soldiers
from the North. The speech had been
expunged from the Hansard, but a case is still possible.
Thereafter
he had met Udaya Gamanpila who had painted still more grim a picture of the situation when Stanley asked him what he
thinks about an FR case against the 13Amendment. He had said, “In 1987 Supreme
Court declared by 5-4 majority that 13A is constitutional. Even if it is
repealed by 2/3rd majority in the parliament, it is political and not
constitutional.
“Furthermore
under Indo Sri Lanka accord even the Trincomalee oil tanks cannot be leased out
to America without India's approval or Sri
Lanka cannot be used by America
as a base without India's
approval. Therefore SL is not a sovereign country and 13A cannot be
repealed by the parliament. But he had said a High Court case against Sivajilingam and
Adela Balasingham is a possibility, but MR is under enormous pressure from India to
implement 13A and plus.”
Then Stanley had asked him
about Jayantha Liyanage who he had heard
was preparing to file a case agains the TNA.
Gamanpila had said that he knows nothing about either the Secretary Jayantha Liyanage nor
Sinhala Jathika Peramuna involved in the National issues. It was news to
him.
By then Stanley was quite
confused. In the meantime he had met the secretary of Basil Rajapakse and he
had said that he will arrange a meeting with Basil Rajapakse , which raised his
hopes a little.
Later he had an appointment to meet
G.L.Gunasekara. Gunasekara apparently
had a vague idea of the Sinhala Jathika Peramuna which he had said was formed
by R.G.Senanayake long time ago. He had
said a petition filed against the TNA will be an utter failure, as MR does
not want to upset India, and MR
will surely ask the court to refuse to accept the petition.
But when Stanley
told S.L.Gunasekara about an action agains the 13A, he told him just the opposite of what Udaya
Gamanpila had said.
Stanley
Perera says that, “ SL's advise to me
is totally different. SL said that, If MR has the backbone to repeal 13A with the
2/3rd majority, that is all needed. The UNP govt. was ten years in power
since 13A, but never implemented 13A fully. But MR does not want to upset
the Indians as he has no back bone.
SL further
says that MR govt. is so unpopular now, it could collapse anytime. MR is
also becoming more and more unpopular, but he will be in power for the next ten
years at least as there is no suitable alternative leader. Reluctantly
though SL also will support MR. If Ranil gains the power, the Tamil
parties will play pugs with the Sinhala Government. I said even now the
North is getting by and by disintegrated from the South.”
About a case against Sivajilingam,
S.L.Gunasekara had said that an action against him will make a hero- a martyr
of him, and achieve nothing out of such an action and better drop it. He had
also said that an action against Adela Balasingham had to be initiated in a
Court in UK.
“S.L's advise to me is that this woman should be sued in UK court.
If you get a conviction in Sri Lanka's
court the UK
will not take that so serious. Then I said about Tony Blair's conviction
in Malaysian court on war crimes in Iraq. He says what purpose is
that going to be? Simply humiliate Tony Blair. So if we are
interested in Adela Balasingam being sued it must be done in UK Court.”
G.L.Gunasekara
had added that, “ .. .. a still unknown person had imported thousands of cars
and three wheelers from India.
I exposed the synthetic lawyer the invincible importer. Before the
imports the duty and taxes were dropped heavily, after the imports were
completed duty and the rest increased by 30%. So all these were forced on
the car dealers to sell and pay. This is the $500 million given by India as a
credit facility. So MR is under obligation to India. Furthermore 500 busses
and 500 land tractors given to North is also a bribe. It must only be
given to North. The railway and the 50,000 houses are also to the Tamils
only. North is taken up by India with the Indian Consulate.”
Stanley heard from the Secretary of Basil Rajapakse. Basil had told him that it was an interesting
project and that he would give him a date to meet him and discuss the matter
after the New Year. But the meeting was
kept postponed and did not take place.
Stanley
Perera had a very unpleasant meeting with the Minister of Construction and Housing Wimal Weerawansa. When Stanley
Perera went to see the Minister he was ushered into his room. The Minister was busy signing letters. Stanley Perera is an elderly gentlemen. The Minister, Stanley
says did not take his eyes off the letters he was signing.
Stanley was
not even offered a seat, therefore he asked
the Minster whether he could sit down, the Minister made a sign for him to do so, and asked what
he wanted, still reading his
letters. Stanley Perera said that he
had come to Sri Lanka from Australia with
the intention of filing an action against the TNA and so on. The Minister continued to be busy and at the
end he got up looked at his wrist watch and told Stanley that he is sorry he has an urgent
appointment he cannot miss and walked away.
At the end
of it he says, “ Frankly the politicians are not interested including Basil and
MR. I am returning with a lot of frustration. I am doing a favour
to MR govt. by not revealing the truth that I got from the horses mouths.......
The Marxist politicians are the biggest enemy of the Sinhala…..”
Having come
to Sri Lanka in February,
2012, Stanley
Perera went back to his family in Australia
in April, 2012, a
frustrated man, not wanting any more to waste his time trying to fight against
the enemies of Sri Lanka.
Jayantha Liyanage
It is soon after Stanley Perera,
that Jayantha Liyanage came forward representing the Sinhala Jathika
Peramuna (SJP) to take the challenge to take to courts the TNA which stands
against unity among the Communities; TNA
which is the stumbling block against all attempts to unite the
Communities; TNA with its only
preoccupation of going round poisoning the minds of the Tamil people in the
North and East of Sri Lanka against the President and the Government of Sri
Lanka, taking instructions from the
pro-terrorist Tamil Expatriates abroad.
Jayantha too had his share of
difficulties. Nevertheless, as a true patriot desirous of settling
scores with an enemy of his motherland, decided to fight it out with available
means. Therefore, with the consent of the Sinhala Jathika
Peramuna, Jayantha despite all the risks involved has come forward to
appear before the Supreme Court presenting his case against the TNA, as he says
“… we did not see any other way to bring the separatist issue into an
open discussion”
Thereafter, Jayantha Liyanage was on
his own, he has not appealed for contributions but has managed with available
means and with the help of donations from some Sinhala expatriates. He had
consulted lawyers he knew at that time but they would not appear for some
unknown reason. He decided to appear for the case himself having failed
to get any lawyer to appear for the case
on a voluntary basis.
He was determined to go ahead with
the case. He was not sure what the reaction of the government would be,
but that was not his concern for the moment as he thought that it was very
important to rid the country of TNA the barrier to the unity of
all Communities and above all to stop TNA from all its efforts
to divide Sri Lanka to set up a separate Eelam State.
There are many organisations that want
to fight against the separatism of the TNA, but when Jayantha Liyanage sought
their help they were apparently not willing to unite forces with Jayantha or
the SJP.
Jayantha Liyanage cordially invited,
the Savi Jana Ekamuthuwa, and such other Associations to join hands with
him to make a success of the fight against TNA, and create a public opinion
against Separatism and the efforts of the TNA to set up a separate Tamil State.
Jayantha Liyanage says, “ …. we the
SJP, are doing what ever little we can with the means we have ….” The FR case was
filed by him with the Supreme Court and it was to be heard on the 14th
September 2012.
Jayantha says further that ,
“ we of the SJP can do things only according to our resources. Our
main disability is that we do not have a good vehicle to go about and
organize conferences because public expect such people to come in good
vehicles. If we have that and sufficient finances, we will be in a better
position to give publicity to our “effort” and create a public opinion
against the TNA. Until then we simply have to wait for some one………to
turn attention towards us and the effort we are making for the
cause of our motherland,”
Jayantha says, it is not his
political ambition that is at stake, it is the unity of a people and the
attempt of the terrorist rump represented by TNA attempting to divide Sri Lanka to set up a separate Eelam State.
At the first hearing of the case it
was postponed for want of supporting documents. At the second hearing
which was taken by the Supreme Court Judge Shiranee Tilakawardhane, The Judge
Tilakawardhane , advised Jayantha Liyanage that Sri Lanka is a multi
ethnic society , therefore each community should make and effort to live in peace
with each other and therefore she would ask the petitioner to withdraw the case
as it hurts others.
At that point Jayantha had said that
it is the South that says this is Sri Lanka, but it is the TNA that
says that they are different and have nothing common with the Sinhala in the
South. The Judge simply ignored what Jayantha said and went on to say that she
does not like to entertain these types of cases in her Court House. Jayantha decided to
withdraw the case instead of going into a clash with the Judge.
Subsequently without being
discouraged by the Judicial indifference, and disappointed by the declaring of
an election in the North by the President, without removing the clauses of the
13A that helps separatism. Jayantha filed another Writ case demanding a
restraining order to hold back the PC Elections in the North until the
resettlement of the Sinhala and Muslim IDPs in North and also to buy time
for the government to do something about the 13A.
The case was taken up by Judge
Skanadaraja, the President of the Appeal
Court and the verdict was that as the PC elections
were ordered by the President of Sri Lanka, the Courts cannot intervene to
issue an interim order to stop the PC elections from being held.
Jayantha was disappointed and the
result of the PC elections held on the 21 September 2013 could have been
different if the elections were held after re-settling the Sinhala and Muslim
IDPs who were evicted by the ruthless terrorists.