The CJ speaking at the opening of the Kalmunai High Court Complex has according to the Sunday Times observed on his North East Demerger judgment as follows: "The landmark judgment on the de-merger of the Northern and Eastern Provinces was given taking into consideration not any political reasons, but differences in culture and traditions in the two provinces".
Now i thought the judgment was given because the decision taken by JR Jayawardena to merge the two provinces through an amendment made to a law using the powers under emergency was ultra vires the powers of the President (that he exceeded the authority and powers given to the president).
So the above reasoning was just legal veneering over the actual reason which the CJ has inadvertently now disclosed: the cultural differences. The CJ said this is not a political reasoning. By all means it is a political consideration. Who is he decide, with respect, that cultural differences exist between the Eastern Tamils and the Northern Tamils. I am not saying there are none but is this what the court does?
And if i may with respect post this question to the Hon Chief Justice. The Tamil people in this country obviously have 'cultural differences' with the Sinhala people. So applying your logic Mr Chief Justice may we de-merge them from the rest of the country, because they have 'cultural differences'? So do you approve the claim for a separate state Mr Chief Justice?
See related post on this blog here.