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Language of Courts in North and East

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One of the houses stripped by vacating army in Vali North on 08 Feb.

By S. Ratnajeevan H. Hoole
Fear of Police, Under
a Culture of Bribery

Returning from church on my scooter with my wife on the pillion recently, I found the police and the army everywhere for the President’s visit. A policeman, an officer, stood at the middle of the Kandy Road-Kachcheri Nallur Road junction expecting us to go around him. I told him to stand to a side and he seemed a little taken aback even as my wife panicked in case he retaliated. That is my point. We fear the police and do not see them as our guardians. That police arrogance is because they are not our police but rather the police of the central government coming here to get rich through bribes.

In an ongoing matter, a policeman who is nice to us in court in a matter that has us trudging in and out over the years, asked us politely for Rs. 50,000 over some personal difficulties in collecting his vehicle after repairs, promising to speak inside and get the matter finished quickly. It was not clear if the money was for him or someone else. No point in complaining against the deniable.

In Jaffna, former Mayor V. Manivannan made a speech during the 2018 elections threatening to assault me because I had, as a member of the Election Commission then, filed complaints against his Tamil Congress for several election law violations. My complaint was on the direction of the Commission. I had to go to Jaffna to complain, and again to give his speech in five copies on CD. I trudged in and out of court and after a year discovered that the police, as the formal prosecutors, had not given the CDs to court. One day an Acting Magistrate ruled the evidence inadmissible as it would be unfair by Manivannan). What about fairness towards the people in elections as laws were violated? Acting Magistrates usually do no more than set the next date. The Attorney General called for the file to study it and has not returned it. So, no court date can be set. That is an old story of an essentially dead case that is alive on paper.

13th Amendment

The 13th Amendment to our Constitution is under intense discussion as we ask for its full implementation. What is being mentioned is police rights and land rights. Both are very important. Particularly, if the police are to look after our safety, we must feel safe from the police.

As I have noted before, when the Mullaitivu Judge ordered an enjoining order to be served on the Buddhist monks who were trying to take over a Hindu temple in Chemmalai, the police failed to serve the order. It was election time and I, through the Election Commission Chairman, warned the IGP that there was trouble brewing, trouble that could disrupt the elections. He promised to look into it and did nothing. I raised it again when he came to the Election Commission. He feigned to be taking serious notes but did nothing. These have a lot to do with the Tamil sense of well-being and safety.

There are then land powers so important to our safety and many other things supposedly implemented but not. The President is on strong grounds in implementing laws already on our books.

Rights on the Books

BJP’s Tamil Nadu Head Kuppusamy Annamalai promised in Jaffna that a new message would come soon on the 13th Amendment (LNW, Feb. 14, 2023). As he put it, development programmes in Northern and Central Provinces were near fruition. A new ferry service would commence between KKS and Karaikaal. Discussions have been initiated on a shipping service. India’s External Affairs Minister S. Jaishankar has asked our President to implement fully the 13th Amendment. “Expect new announcements soon”, he said. As a result, the Tamil people would see great improvements in their lives, he promised.

Jaishankar has correctly advised the TNA MPs not to neglect what we have while asking for more. The President has also endorsed this (LNW 14 Feb. 2023)

Language Rights in Court

These rights are incorrectly portrayed as rights already given. A few days ago (17 Feb. 2023) I was rather pleased to see the headline in The Island reading “TNA MP wants Jaffna court to send him summons in Tamil.” It was about Mr. S. Shritharan, TNA MP, who was served summons by the police written in the Sinhalese language to appear for an inquiry into demonstrations against President Ranil Wickremesinghe’s visit to Jaffna. Shridharan wanted it in Tamil. The police then gave him their translation which he declined saying it must have the Court Registrar’s imprimatur. The shrewd MP was right. It was a police inquiry and not a judicial inquiry.

At long last, like our muscles that atrophy when unused, our unused language rights are being woken up from their state of slumber. Thank you, Mr. Shritharan!

Language Rights and Police Rights

These language rights also touch on our police rights when we fear the police. We in the North and East have got used to the police barking at us in Sinhalese expecting us to understand them. In Magistrate’s courts as I have seen, for simple offences by simple people like brewing liquor that need us only to say guilty and pay the fine, the police prosecute in Sinhalese, making a lawyer necessary.

Around 8 pm, Feb. 8, 2023 homeowners in Vali North protested against ten soldiers looting their houses slated for release. The soldiers threatened them. I hold the Power-of-Attorney for my brother-in-law’s house next to the Presidential Palace in Keerimalai. Thanking the President for doing the right thing by releasing these lands daring the army, I respectfully remind him of his duty to guard our house against looting.

Implemented Language Rights Denied in Court

I was served an enjoining order in Sinhalese by a District Court. It was all Greek to me, so I went to plead for a copy in Tamil. The judge ordered me to come with a lawyer and it was recorded despite my right to appear for myself. I asked for a copy of the enjoining order in Tamil if I am to file an answer. That is not recorded but it has been converted to an interim order without an opportunity for me to file answers. Judges control what goes into record. Since judges have the power to impose contempt sentences, I will say no more, except that there is urgent need for reform.

Lawyer friends with their heads in the clouds nonchalantly say we always have recourse to appeal. Oh yeah? To go to the Court of Appeal, paying Rs. 100,000 per appearance to Rs. 750,000 total (depending on the lawyer’s seniority)? And that is usually in cash to lawyers who rarely pay their taxes? The system stinks and is self-serving. This is where the President should begin tax reform.

The Murder of the Tamil Language in Court

Usually, when a language is used officially, it grows and flowers. We see that with Sinhalese. With Tamil too I have seen good Tamil from the NE Administrative Service Officers while there is also the unnecessary change in Tamil accepted in ordinary use – for example for “he conducted,” changing the word nadathinaar to nadaathinaar and the interjection of Sanskrit words when there are good Tamil words. Grammatical violence like “valuable things is there” (LNW of 9 Feb. 2023) or “from every divisions” is common even in newscasts and from pulpits.

That aside, I find the Tamil used by some judges to be horrid. In one short enjoining order by one of the most senior Judges, I see the wrong spelling of simple words with the wrong -nu and the wrong -la which alter the pronunciation of the preceding letter, thereby rendering the meaning of the word unclear.

Far worse is the violence done to Tamil grammar. The order prohibits entering certain premises by several unnamed students, workers, etc. who were not party to the case. WhatsApp is transcribed as Waadasap. By prohibiting the use of WhatsApp and email, the order disallows informing students that they cannot enter campus. Instead of saying “approaching buildings,” it says “approaching in buildings” as if it is not physically approaching but approaching for a favour like love.

In fact, if students living five km away from a prohibited building go to another place four km away, have they approached the buildings and therefore in violation? The order redundantly uses the sense of entering four times in a sentence making its meaning unclear. Instead of saying “Should you violate this order, you will be guilty of contempt” it says “Should this order be violated you will be guilty of contempt.” The order therefore gives the idea that if others enter the premises without knowing they are under such an order, the main respondent who was served the order can be thrown into jail.

A judicial order must have clarity and exactitude to be enforceable, but the judicial service seems incapable of writing in correct Tamil to make its orders have sense. Lawyers and Respondents in deference to judges obey based on what we think judges mean.

Conclusion

Every right in the Constitution is a right that must be given fully.



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Opinion

Maha Jana Handa at Nugegoda, cyclone destruction, and contenders positioning for power in post-NPP Sri Lanka – I

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Maha Jana Handa rally at Nugegoda

The Joint Opposition rally dubbed the ‘Maha Jana Handa’ (Vox Populi/ Voice of the People) held at the Ananda Samarakoon Open Air Theatre, Nugegoda on 21 November, 2025 has suddenly acquired a growing potential to be remembered as a significant turning point in post-civil conflict Sri Lankan politics, in the wake of the meteorological catastrophe caused by the calamitous Ditwah cyclonic storm that devastated the whole country from north to south and east to west on an unprecedented scale. But the strength of this  prospect depends on the collective coordinated success of the future public awareness raising rallies, promised by the participating opposition parties, against the incumbent JVP-led NPP government. They are set to expose what they perceive as the government’s utterly inexperienced and unexpectedly authoritarian stand on certain vitally important issues including the country’s national security and independence, political and economic stability, and the Lankan state’s unitary status. The government is also alleged to be moving towards establishing a form of old-fashioned single party Marxist dictatorship in place of the firmly established system of governance based on parliamentary democracy, which was almost toppled by the adventitious Aragalaya protest of 2022 but saved by the timely intervention of some patriotic elements.

The minefield of policy making that the government must negotiate is strewn with issues including, among others: the seven or so recent  agreements or MOUs (?) secretly signed with India; the unresolved controversy over the allegedly illegal clearance of some 323 containers (with unknown goods) without mandatory Customs inspection, from the Colombo Port; the Prime Minister’s arbitrary, apparently  ill-considered and hasty education reforms without proper parliamentary discussion; the proposed culturally sensitive lgbtqia+ legislation non-issue (it is a non-issue for Sri Lanka, given its dominant culture); the so-called IMF debt trap; dealing with the unfair, virtually unilateral UNHRC resolutions against Sri Lanka; the inexplicably submissive surrender of the control of the profit-making Colombo Dockyard PLC to India; some government personal assets declarations that have raised many eyebrows, and the government’s handling of anti-narcotic and anti-corruption operations. The opposition politicians relentlessly criticise the ruling JVP/NPP’s failure to come out clean on these matters. But they themselves are not likely to be on an easy wicket if challenged to reveal their own positions regarding the above-mentioned issues.

 In addition to those problems, the much more formidable challenge of unsolicited foreign-power interference in Sri Lanka’s internal affairs, in the guise of friendly intervention, remains an unavoidable circumstance that we are required to survive in the geostrategically sensitive region where Sri Lanka is located. Having  been active right from the departure of the British colonialists in 1948, the foreign interference menace intensified after the successful ending of armed separatist terrorism in 2009. Such external interferences are locally assisted by latent domestic communal disharmony as well as real political factionalism, both of which are  normal in any democratic country.

The war-winning President Mahinda Rajapaksa, as the leader of the SLFP-led United People’s Freedom Alliance (UPFA), was made to suffer a largely unexpected electoral defeat in 2015 through a foreign-engineered regime change operation that tacitly favoured his key rival, UNP leader Ranil Wickremesinghe. Mahinda was betrayed by his most trusted lieutenant Maithripala Sirisena.

The SLFP, a more middle of the way socialist-leaning rival political party,  was formed in September 1951—five years after the birth of the UNP—and was elected to power in 1956, ending a near decade under the rather West-friendly latter party. It was deemed to be a ‘revolution’ that started an era of ‘transition’ (from elitist to common citizen rule). From nominal independence in 1948, governing power has to date alternated between these two parties or alliances led by them, except for the last electoral year, 2024. Though incumbent Executive President Anura Kumara Dissanayake may be said to have made history in this sense, the fact remains that he was barely able to scrape just 43% of the popular vote as the head of a newly formed, JVP-led NPP. Dissanayake was sworn in as President in September 2024. But his less than convincing electoral approval triggered a massive victory for the NPP at the parliamentary election that followed in November, giving him a parliament with 159 members, which is unprecedented in Sri Lanka’s electoral history.

In my opinion, there are two main reasons for this outcome. One is that the average Sri Lankan voters trust democracy. Since the president elect is accepted as having won the favour of the majority of the pan-Sri Lankan electorate, the general public choose to forget about their personal party affiliations and tend to vote for the parliamentary candidates from the party of the elected president. This is particularly true of the majority Sinhalese Buddhist community represented by the two mainstream, non-communal national parties, the UNP and the SLFP.  The brittle foundation of that victory is not likely to sustain a strong enough administration that is capable of introducing the nebulous ‘system change’ that they have promised in their manifesto, while it is becoming clear that the general performance of the government seems to be falling far short of the real public expectations, which are not identical with the unconscionable demands made by the few separatist elements among the peaceful Tamil diaspora in the West, to whom the JVP/NPP alliance seems to owe its significantly qualified electoral success in 2024.

The Maha Jana Handa reminded me of the long Janabalaya Protest March from Kandy to Colombo where it ended in a mass rally on September 5, 2018. That hugely successful event was organised by the youth wing of the SLPP led by Namal Rajapaksa, who was an Opposition MP during the Yahapalanaya. He has played the same role just as efficiently on the most recent occasion, too. At the end of his address during the Maha Jana Handa, he declared his determination to bring down the malfunctioning JVP/NPP government at the earliest instance possible. Probably, he missed Ranil’s protege Harin Fernando’s speech that came earlier. This was because Namal Rajapaksa joined the rally midway. Harin had brought a message from his mentor Ranil to be read out to the rally audience. But he said he didn’t want to do so after all, saying that it was not suitable for that moment. Anyway, during his speech, Harin said emphatically that the era of heirs apparent or crown princes was gone for good. People knew that he was alluding to Sajith Premadasa and Namal Rajapaksa (sons of former Presidents hopeful of succeeding Anura Kumara Dissanayake). Harin was seen biting his tongue or sticking it out a little as he was preparing to leave the stage at the end of his address. Was he regretting what he had just said or was he cocking a snook at what, he was sure, was Namal’s ambition that would be revealed in his speech, the rally having been organised by the Pohottuwa or the SLPP? (To be continued)

by Rohana R. Wasala

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Lessons that should be learnt from Ditwah

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Cyclonic storm Ditwah, named as such by Yemen referring to Detwah lagoon in one of its islands, caused severe devastation in Sri Lanka though it was categorised a weak tropical cyclone. When it hit on Thursday 27th November, the main problem was the unprecedented rain, some areas experiencing over 500 millimetres in 24 hours. Fortunately, wind speeds were not high reaching a maximum of only 45 mph, the sort of wind speed not infrequently encountered in the UK. In contrast, Hurricane Melissa, a category 5 storm which struck Jamaica, just a month ago, had winds reaching 185 mph! Though it was the most powerful storm to hit Jamaica ever, causing extensive damage across the island due to strong winds with added torrential rainfall causing landslides, the death toll was only 54 with further 15 people reported missing. It affected Cuba, Dominican Republic, and Haiti as well, with a further 48 deaths. Jamaicans were forewarned and were well prepared. It looks as if this did not happen in Sri Lanka. Though politicians are fighting over this aspect, despite it being not the priority, it is never too early to learn lessons. My comments that follow should not, in any way, detract from the very positive actions the government has taken and continues to do so, as well as the heroic efforts of volunteers putting their own lives at risk.

I did not realise the enormity till Friday (28) evening, when Ven. Teldeniyaye Amitha, who conducts a fortnightly Mindfulness meditation session over Zoom, told the participants that we should instead do Kindness meditation in view of the catastrophic situation in Sri Lanka. As soon as the session was over, I switched on to YouTube and was shocked by the images of destruction seen. When I contacted a good friend of mine in Kandy on Saturday 29th afternoon, what he told me made me realise that there were no warnings at all.

This lack of warning was not due to information being not available, I learned later. In fact, the DG of Meteorology has warned of an impending catastrophe when inclement weather was discussed on “Big Focus” programme broadcast over Derana TV on 12th November, in the presence of the DG of the Disaster Management Centre (DMC). It also further transpires that BBC World Service, the day before, accurately predicted that Cyclone Ditwah will cause heavy rainfall, up to 500mm, in Sri Lanka. Thus, there is no doubt that the government failed in its duty of adequate warning and taking action to minimise damage. Perhaps, it may have something to do with their labelling the DMC a ‘White Elephant’ in the past and threatening to dismantle it. Meteorological department’s lack of latest radar equipment is no excuse as information could be obtained from many sources. Some scientists whose sympathies are with the governing party seem to pronounce that weather predictions are unreliable. This may be so in the long term but, surely, BBC’s prediction the previous day, as well as the regular warnings sent by the Meteorological Service of India, should have been taken seriously. It is a great shame that the government does not seem prepared to admit that it made a mistake. Without that lessons cannot be learned!

It was disgusting to see a lady MP, who seems to be a loose cannon, having the audacity in parliament to blame Derana TV for broadcasting that programme! If true, it is more worrying that an opposition MP has stated in parliament that the Secretary of Defence has threatened the DG of Meteorology. In the latest turn of events, Deputy Minister Mahinda Jayasinghe has stated that the opposition should be sued for being silent on the weather warning! Does he not realise that by such loose talk he is helping the government to dig its own grave!

The other important question is whether the opening of sluice gates of reservoirs contributed to death and destruction. Some experts opine that had sluice gates been opened in advance to accommodate the expected torrential downpour, a significant amount of destruction and some deaths could have been avoided. This needs careful study, not to apportion blame, but to make sure that any future recurrences could be prevented. Considering the global changes in weather experienced, whatever the reason may be, we need to be prepared for this type of eventuality.

At a time of an unprecedented national emergency when cooperation of all was needed, the mudslinging on social media, both by supporters and opponents of the government, was despicable. There seems to be some truth to the accusations that the governing party goons hindered attempts by the opposition to help the affected, to claim credit for themselves! Do they think people in distress care whether ‘red stars’ are attached to aid packets?

The fact that the government seems incapable of taking criticism was made obvious by the actions of the Deputy Minister of Public Security. Though his Minister and the President subsequently denied that emergency powers would be used to suppress dissent,Watagala’s despicable behaviour, as well stated in the editorial “Emergency turns Jekyll into Hyde” (The Island, 5 December), deserves condemnation. There is a well justified suspicion that the Police are behaving as a paw of the ruling party, as two police officers with shadows over them were, plucked out of retirement, unashamedly appointed to two key positions as a reward for their political campaigning.

Perhaps, the comments made by Jaffna district MP, Dr Archchuna should make the government rethink, leave the past behind and act rationally. He told parliament that he had been rescued by Sinhala war heroes and sheltered in a Navy camp, criticising the government for insulting the armed forces. Considering the yeoman’s service rendered by the tri forces during this catastrophe, it is high time the governing party realised that service personnel are required at other times too, not only during war, and that they deserve the gratitude and the respect of the nation for saving us from terrorism too.

The best way to honour those who died during the recent disasters is by learning lessons from this tragedy so that we would be better equipped for any future emergencies. This could be done only if the government is prepared to eat humble pie and admit that mistakes were made. Do sincerely hope that they are big enough, and humble too, to do so!

By Dr Upul Wijayawardhana

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A 6th Year Accolade: The eternal opulence of my fair lady

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The 6th of December marked the sixth solar cycle since my adored life partner, Dr Malwattage Josephine Sarojini Perera (née Peeris), left this mortal world. Six years have elapsed; a period characterised by a searingly perpetual heartache. However, her inspiring influence is not diminished by the passage of time, and her memory has become more burnished and sublimely potent. It has transformed from a painful void into a sparkling, indestructible legacy that fortifies the hearts of all who were privileged to share her path.

The abyss left by her departure is multitudinous for all of us, including those who benefited from her professional dedication. Nevertheless, the consciousness of her magnificent journey, a spectacular 72 years, 2 months, and 11 days on this planet Earth, remains as a seamless record of a unique chronicle. It was the radiance of her inner spirit that rendered her truly peerless. She epitomised the beautiful words of one of my favourite Sri Lankan lady singers, “Beauty is how you feel inside; you glow from within.” Sarojini was a woman of monumental dignity and benevolence, whose serene, consistent luminosity brought a radiance into every room she entered. Her smile was a glorious spectacle of her lovely inner human nature; a pure expression of her soul’s integrity. That spectacularly radiant smile epitomised the immortal words of the beautiful song by Nat King Cole, “Smile though your heart is aching, smile even though it is breaking, when there are clouds in the sky, you will get by.

Throughout her tenure on earth, she embodied the highest form of selfless service, dedicating her energies wholly to our family unit, her relatives, and all her acquaintances. She served her patients with an unreserved commitment, functioning as the very milieu of abiding reassurance for them. Her chosen field in medicine was one of profound challenges and pressing needs. She primarily worked ever so tirelessly with individuals afflicted and affected by Sexually transmitted Diseases, HIV and AIDS. They were a cohort frequently marginalised, ostracised, and terribly wounded by societal judgment. Yet, this extraordinary woman approached her work with limitless compassion and an intrinsic, deep-seated sense of humanitarian duty. She held an irrefutable conviction that beyond the stark finality of any medical diagnosis, there was a human being whose entitlement to honour, consideration, respect and warmth was absolute.

Sophocles wisely said: “One word frees us of all the weight and pain of life: That word is love.” Sarojini’s approach to life was built upon this very word ‘love’ as its foundation. She remained steadfastly true to her ethical moorings, never wavering in her commitment to assuage suffering and nurture genuine understanding. Her patients were not mere cases receiving clinical attention; they were embraced into a circle of care that extended beyond the confines of the clinic. Sarojini’s gentle disposition and empathetic spirit captivated all those who came seeking relief and comfort in her ministrations.

She extended not only medical expertise but also essential emotional ballast, serving as a critical beacon of optimism in times of the most profound darkness and utter despair. Her engagement was holistic; she saw the complete person, not just the disease. The philosopher Kahlil Gibran expressed a sentiment that describes the core values of her life: “You give but little when you give of your possessions. It is when you give of yourself that you truly give.” Her affection emanated as a gentle, regenerative anodyne, calming the distressed spirits of those sighing in overwhelming heartache. Her bequest in this vital domain of medicine is not merely a record of treatments, but a register of hearts healed and spirits uplifted by unconditional acceptance and love.

Beyond her professional life, Sarojini was the gravitational centre of our existence; a loving spouse, an undaunted mother, and a precious confidante. The habitat and the canvas of love we built together were a haven of affection and composure, a place where joy thrived, and the air was often vibrant with shared merriment. She cultivated her family with boundless tenderness, sowing and nurturing the essential precepts of benevolence, rectitude, and resilience within us. In return, we never made her cry, but sometimes she cried for others, and some made her cry too.

Her capacity for quiet strength was remarkable; she could maintain perfect equilibrium even when confronted with severe setbacks, always taking deliberate, measured steps to restore serenity and balance. Her affection is a vibrant force that persists in the deepest recesses of our hearts, a covenant that triumphantly surpasses the limitations of physical existence and the transience of life. The deep impact of her role as a matriarch cannot be overstated; she was the silent architect of our moral framework and emotional stability, and the queen of our hearts.

As we reflect on her exceptional life and the vast bounty of goodness she left behind, our determination is not to be subdued by the grief of her physical absence, but rather, to eulogise the radiant splendour of her time amongst us. It is a legacy beyond epithets and the true portrayal of the lilting music of remembrance. We feel the unremitting pain of missing her absolutely and profoundly. She may have transitioned from this worldly realm, but her vital essence remains inextricably bound to ours, steering us with her quiet wisdom and inspiring us with her incomparable dignity. Sarojini’s life stands as an eternal affidavit to the transformative power of enduring love, deep empathy, and sacrificial duty. It remains a boon that richly augments our present and illuminates our future. True beauty, as she demonstrated, is not simply what the eyes can witness, but, more crucially, what the soul can permanently safeguard. What we perceive visually is destined to fade, but the treasures we store within our hearts will remain eternally.

Many, including myself, our daughter Maneesha and our grandchildren, Joshua, Malaika and Jaydon, have endeavoured with every available adjective and hyperbolic utterance to paint a faithful portrait of the superlative person that was Sarojini. Yet, even if we were to compile tomes detailing her excellence, the effort would still fall short of creating a realistic depiction that truly captures her profile. It is simply impossible to confine a description of her magnificence to even a substantial plethora of words.

For my part, I had the wonderful pleasure of the company of that stunning lady for all those blessed years, from the dawn of our courtship in 1973 until her fateful day of final rest. Despite the finality of that separation, memories remain the ultimate constant. I will forever recall her life as an exquisite and enduring strand, a beautiful composition, that will never diminish and will reverberate throughout the balance of my time on this planet Earth.

Sarojini, your loved ones strive daily to revere your memory by actively embodying the virtues you demonstrated so effortlessly: boundless compassion, humane benevolence, unbridled affection, and an unwavering commitment to the welfare of others. This is a matter of seminal importance to us, as it is a pledge towards the continuity of the very matrix of your tapestry of life on Mother Earth.

Darling Sara, I will end with a couple of lines from the 1996 Quadruple Chart Topper, “Because You Loved Me” by Celine Dion, which very concisely sums up what you were to me: –

“You’ve been my inspiration.

Through the lies, you were the truth.

My world is a better place because of you.”

by Dr B. J. C. Perera
(This appreciation appeared in The Island online edition on 06 Dec. 2025)

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