Saturday, October 04, 2008

CJ: Demerger judgment sought to recognise cultural differences

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.

5 comments:

JM said...

I don't think CJ's reasoning has any legal validity either, but he wasn't referring to the differences between Northern and Eastern Tamils. Tamils in the East are a minority, and the majority (Sinhalese and Muslims) do not want to be part of a Tamil dominated "Northeast".

JM said...

As for your analogy, the North and the East are provinces with equal standing, and one should not dominate the other. The Sinhalese, however, are the indigenous, unique majority nation of Sri Lanka, and have primacy over the minority Tamil ethnic group of foreign origin and loyalties.

wemustchange said...

I personally think they wanted to show the Muslims that they have a separate province (correct me if i am wrong, the majority in the east being Muslims)and doesn't need to fight for and also to preventing the LTTE from asking the east to be their teratory ???? i guess! as i said i might be wrong. But the CJ is just bluffing around to please the people and justify his action.

Aachcharya said...

JM,

"Tamils in the East are a minority, and the majority (Sinhalese and Muslims) do not want to be part of a Tamil dominated "Northeast"."

So if the Tamils dont want to be dominated by the majority of this country would you be willing to give them a separate state? I am saying that if you dont accept the above there is a problem in your's and the CJ's logic justifying the de-merger.

Noor,

Machan the muslims are not the majority in the Province. All ethnic communities live in equal proportions. However the Tamils used to be the majority which was skewed owing to Govt aided Sinhala colonisation in the areas. But if one is agreeing to demarcation and territoriality based on ethnicity then how come the Tamils demand for separate territoriality is faulted? That's my question machan.

Anonymous said...

But machang it's our country, not yours. We decide who gets who. You've got Tamil Nadu.