{"id":23081,"date":"2013-07-21T11:03:35","date_gmt":"2013-07-21T15:03:35","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=23081"},"modified":"2013-07-21T12:05:32","modified_gmt":"2013-07-21T16:05:32","slug":"13th-amendment-gives-with-the-left-hand-and-takes-away-with-the-right-hand-cv-wigneswaran","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=23081","title":{"rendered":"13th Amendment Gives with the Left hand and Takes away with the Right Hand -CV Wigneswaran"},"content":{"rendered":"


\nby
\nAnanth Palakidnar<\/strong><\/p>\n

\"Justice<\/a>

Justice C. V. Vigneswaran<\/p><\/div>\n

The Tamil National Alliance\u2019s (TNA) decision to nominate Justice C. V. Vigneswaran, as its chief ministerial candidate for the Northern Province for the September Provincial Council (PC) elections, has been hailed by many, in politics and out of it, as a judicious move that illustrates the kind of strategic thinking needed in politics when fundamental issues are at stake. Identified as a symbol of Tamil \u2018soft power,\u2019 he has made no bones about the unsuitability of persons with military mindsets being Governors of democratically elected administrative bodies. In a wide ranging interview with Ceylon Today, the Colombo born and educated retired judge of the Supreme Court, who will be creating history by becoming the first Supreme Court Judge to contest elections, talks about his candidacy, the 13th Amendment, the significance of land and police powers and his role as a politician.<\/em><\/p>\n


\nFollowing are excerpts:<\/strong><\/p>\n


\nQ: How do you see your nomination as the TNA\u2019s chief ministerial candidate for the NPC polls?<\/strong><\/p>\n

<\/p>\n

A: Well, I was initially not interested in accepting the TNA\u2019s offer of becoming the chief ministerial candidate for the NPC polls. But, there was tremendous persuasion on the part of my colleagues in the legal fraternity, students and friends, who pointed out that it was the social duty on my part. However, I clearly said I would only consider the Alliance\u2019s request, if the TNA unanimously accepted me as its common candidate. That was what they did. With the consent of all five constituent parties, the TNA leadership chose me as the common chief ministerial candidate of the Alliance and I came forward to accept their unanimous decision.<\/p>\n

Q: TNA Parliamentarian, Mavai S. Senathiraja, who was also in the fray for the chief ministerial candidacy, stepped down to pave the way for you. How do you see the move made by the TNA Parliamentarian?<\/strong><\/p>\n

A: Senathirajah was not interested initially, when they thought that I was coming forward. Then, when I said I was not coming forward, his supporters wanted him to be brought in. However, when the TNA unanimously decided to nominate me as its candidate, his supporters, particularly in the grassroots level, who had even started canvassing for him, were disappointed. I really appreciate the magnanimity of Senathiraja and his loyalty to the TNA leadership in accepting me as the chief ministerial candidate. He had even pacified his supporters with regard to his decision to step down, and being a mature politician, he has expressed his wholehearted support to me, in contesting the NPC polls. I am thankful to him.<\/p>\n


\nQ: Who are the other candidates that will be contesting the election?<\/strong><\/p>\n

A: I don\u2019t know very much about the selection of candidates. But i believe the new candidates should be selected on their potentiality and capabilities. I have already told the selection committee, headed by Mavai Senathirajah, that they must try and get the right people, who will be able to work with me as a team, with good understanding. Apart from the political issues, they should also possess the broader outlook with regard to educational activities and economic development. As the NPC is going to be the democratically-elected premier body in a province devastated by war, it should be effective in dealing with whatever issues it may come across.<\/p>\n

Q: Certain elements in the North question your suitability for the post of Chief Minister, claiming that you were born and bred in Colombo and therefore not familiar with the Northern terrain. What is your response?<\/strong><\/p>\n

A: Though I was born and bred in Colombo, I have my roots in Jaffna. The Tamil political scene had seen several leading political personalities such as Sir Ponnambalam Ramanathan, Sir Ponnambalam Arunachalam, S. J. V. Chelvanayagam, and G. G. Ponnambalam. Though all of them hailed from the North, they were raised and based in Colombo. However, that did not stop them from making an immense contribution to their people.<\/p>\n

Sir Ponnambalam Ramanathan even built two educational institutions: Ramanathan College in Maruthanamadam for girls and Parameswara College in Thirunelveli, Jaffna, for boys.<\/p>\n

Parameswara College later became the University of Jaffna. Similarly, although I was born and bred in Colombo, as a judicial officer, I served in various parts in the North and East for several years and I am very much familiar with not only the Northern Province, but the Eastern Province as well.<\/p>\n


\nQ: You served as a top official in the Judiciary of the country. How do you see yourself entering active politics?<\/strong><\/p>\n

A: Well, there were two ex-Supreme Court judges in Parliament. But, they didn\u2019t engage in active politics and entered Parliament from the National List, whereas I would be contesting in the NPC polls as a prime candidate of a premier party in the North. It has almost been 10 years since I left the Supreme Court and I have been engaged in public life in so many ways after my retirement. Therefore, I do not feel a person from the Judiciary should not be entering politics, because I have become a public figure after my retirement.<\/p>\n

There is nothing I can gain by coming into politics. On the other hand, I have many things to lose. Already there are various views expressed about me. But, as a duty cast upon me, I consider my new role as a service to the people with whom I would be closely interacting with. More than everything, a democratically-elected Provincial Council is going to be established in the North for the first time in nearly 30 years. Therefore, it is important to stabilize the democratic institutions in the North to fulfil the political aspirations of the people in the North.<\/p>\n


\nQ: You served in the Northern and Eastern Provinces during the early stages of the Tamil militancy in the early \u201980s. How do you assess that period and what is your observation on the Tamil militancy?<\/strong><\/p>\n

A: My serving in the North and East as a judicial officer gave me a \u2018ringside\u2019 view of the people in those Provinces. Having been born and bred in Colombo, I was not aware of the realities of the problems faced by the people in the North and East. It was my judicial stint in those two Provinces that brought me close to the sentiments of the people, along with the understanding of their problems and the discriminations faced by them. That was one of the reasons for me to plunge into politics as well.<\/p>\n

Also, there were plenty of problems with regard to Tamil militancy. However, militancy was the outcome of the government\u2019s discriminatory attitude towards the Tamils. The militancy was not a sudden uprising, it was an evolution, because it was the continuous discrimination that led to militancy. It was said to India by our government that once the militancy is brought to an end, the rights of the Tamils would be secured and their political aspirations would be fulfilled. However, conversely, even the little rights the Tamils had, were withdrawn. Those who accepted that Tamils have problems when the Tamil militant struggle was existing, are now asking whether Tamils have any problem.<\/p>\n

<\/p>\n

Q: Are there incidents you remember, in particular as a judicial officer serving in Jaffna, during the early days of the Tamil militancy?<\/strong><\/p>\n

A: During 1983 July riots, there were killings in the North. At that time I served as a District Judge in Mannar and there were incidents within my jurisdiction in Mallakam. I asked the police why they are not taking any action to conduct inquests into the deaths due to shooting incidents. The police said they had orders from higher ups claiming if they get out there would be a confrontation between the army and police. I asked them why? They replied that the army was on a shooting spree and the higher ups had warned there would be a confrontation between the army and police, if the police personnel came out of their stations. Bodies were lying on the streets and there was no way of clearing them, without an inquest being carried out. However, with great difficulty I managed to get their assistance in conducting a magisterial inquest and finally I succeeded in conducting the inquests into the deaths by exerting pressure on the police in Mallakam to obtain the permission from Colombo, for them to go ahead with the inquests.<\/p>\n


\nQ: What is your opinion on the 13th Amendment to the Constitution?<\/strong><\/p>\n

A: The 13th Amendment gives with the left hand and takes away with the right hand. Whatever the rights that have been given are not actual but only imaginary. For the simple reason, the Governor has been given the right of acting as a sort of an intermediary between the law being passed and the law being formulated. As soon as the law is formulated, you have to get his consent with regard to allocation of finance and other things. If he does not accept, nothing will take place. There is tremendous amount of interference by the Central Government. According to some, the 13th Amendment is an imaginary thing, which gives the impression that the Provinces have been empowered under the Amendment. But all the rights are subject to the interference by the Central Government.<\/p>\n


\nQ: Being an ex-judicial officer, what is your take on the issues with regard to allocating police and land powers to the provinces?
\n<\/strong><\/p>\n

A: Anywhere, where there is devolution of powers, land and police powers have been given to the regions where the powers are devolved. If you take them away, what will happen is the security of the people passes into the hands of the outsiders. The protection of their own lands will also be passed onto the hands of the outsiders. Therefore, if you are really devolving powers, the powers with regard to land and police should also be devolved in a meaningful way, otherwise it won\u2019t be a fully-fledged devolution of powers.<\/p>\n

<\/p>\n

Q: Soon after you accepted the NPC Chief Ministerial candidacy you mentioned the military interference or appointing military officials as Governors should be stopped. Can you elaborate?<\/strong><\/p>\n

A: I have been told that the Governor of the Northern Province is supposed to have called his officials and told them, even if a Provincial Council is set up, everything has to go through him and he will have full control over the NPC. That type of statement shows what is in store for us. If you have a person with military background, he will be giving commands. There won\u2019t be room for discussion. What I expect is to remove a person with a military background and to appoint a person from the civil society, especially a person with human rights background. That way, we can sort out matters more effectively than dealing with a person with a military mindset.<\/p>\n

<\/p>\n

Q: Although Tamils are the majority, there are also Muslims and Sinhalese living in the Northern Province. What is your message for them?<\/strong><\/p>\n

A: If the Tamil National Alliance wins the Northern Provincial Council election, it would be an exemplary administration. There won\u2019t be room for any discrimination on the basis of race, religion or region. Everyone in the Province would be treated equally with utmost respect to every aspect in the human rights.<\/p>\n

There won\u2019t be room for political influences, interferences and backdoor affairs. We cannot make the same mistake the government is making in not recognizing the rights of the minorities. We have got to accept the fact that every person is a citizen of this country. No community or no religion should fear as far as the Northern Provincial Council is concerned with regard to their rights. There won\u2019t be any discrimination. All appointments and job opportunities will be based on merit. Peace and harmony will be created among all people living in the province.<\/p>\n


\nQ: What is your message to the Tamil expatriates living abroad?<\/strong><\/p>\n

A: There are several categories of Tamil expatriates living abroad. A large number of them fled the island due to the extreme conditions in the North and East. They still have the fears over the military presence in the North and East. Therefore, we must create a situation where they could be comfortable in supporting the humanitarian and the development activities, to improve the living conditions of the people in the North and East. COURTESY:CEYLON TODAY<\/em><\/p>\n

Tweet<\/a><\/div>","protected":false},"excerpt":{"rendered":"

by Ananth Palakidnar The Tamil National Alliance\u2019s (TNA) decision to nominate Justice C. V. Vigneswaran, as its chief ministerial candidate for the Northern Province for the September Provincial Council (PC) elections, has been hailed by many, in politics and out of it, as a judicious move that illustrates the kind of strategic thinking needed in …<\/p>\n

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