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Justice in the Street

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Justice in the street is not a given. Dignity, too, through justice, is not where it might be, in the air or on the ground. This comment arises from the article by Tassie Seneviratne (TS) in The Sunday Times 20th Sept 2020 over a person sworn in as an MP, despite a criminal conviction record.

Oath of public office: The swearing in and the oath administered, and witnessed, raise questions as to its validity in law and on its effect on Justice and Dignity of public office. Mainly, the question is the purpose whether it has serious intention of the oath, not reduced to a plain utterance. Even the oath of office, as for justice and dignity ,is now in effect empty. Oath without dignity does not bind. Killing is not a disqualification for public office as legislators. It is contemptible to even think of such disqualification to hold public office in the Police, the Public Service, and the Judiciary. Even a questionable reputation of a remote distant relation of a candidate to public office was unacceptable to hold office. Promotions in public service depended much on the reputation of the aspirant, apart from some conviction. The reason is that their social background was important to swear an oath, in law and in society. It is impossible to think of killers, bribe takers and wastrels, in our public and police service, to pledge their word, since they cannot discharge their functions with such a murky character background. Only the clear could take their oath. With MPP there is little let or hindrance to take oath from unclear social background. Oath of public office is therefore not easily administered.

Oath of public office and the Law. It is even said the oath can be sworn as a ghost may swear. The effect of law on the oath of office is now, perhaps, only little beyond nominal. Legality and morality are also at odds with justice on the streets, as one sees. But sight again is only as one sees. Many have seen it one way and are shocked. To many others as they see, it is business as usual with some profit thrown in, in the while. Legal arguments are a waste of time if the return is good. Moral public concerns are still trying their utmost best, in Parliament and outside, even with less profit and takings. This is however the drama unfolding to hold the public in the pay off.

Many questions yet arise which reflect on administer of the oath and the validity of its attestation. These may be legal issues which may be explained away in various ways; that the words and the action are separate and hardly related to each other. These arguments will soon be forgotten. Where the law which is for justice does not help, one may then look to religion, at least for the reason that the oath is vowed with a religious intonation.

Oath of public office and Religion. Oath is subscribed to solemnly with a religious intonation. Religion too may then lend its claims and enter the fray but, apparently, does not help dignity of office. Many an oath is administered in the cloak of religion that is yet not worth the breath exhaled. Such is also the matter of everyday life experience of oath taking in medicine, in ethics, in many other professions, even law, and now in Parliament. Yet religion is spread through far and wide for other good effect in this country. Somehow religion barely matters to push dignity. Religious preaching is not at a loss, not less, though its effect is doubtful. If religion speaks to promote dignity in public life, the reality in Parliament and outside, may do much to help dignity in public office. The fault is still not with religion, but with those who may use religion otherwise. Public life nonetheless goes on, that even religious places may, perhaps, have uses that serve them better.

Oath of public office with conviction and with previous conviction. Into this void of a legal and religious effect of the oath, comes a social video, just at this time. Bribery and corruption took place there, the video said, before the very eyes of the dignitaries in those identical precincts dedicated to law and justice. In another sense, the market place has come into Hulftsdorf with transactions in and around the very pillars of justice. They were all involved, leaving no exception. They all are those who had subscribed to a solemn oath for justice and dignity with conviction, with no previous conviction. For every turn then of the administration in the law offices, taking extracts, moving files, and in the myriad interactions among these who alone are admitted to these premises, the exchanges are transactions, the video said. These are reduced to commodities for exchange at a price. The video says this clear and loud in the presence of police and other dignitaries who held a stoic face.

Oath of public office in the market. A market place, as described, in these hallowed precincts, is therefore yet another exercise to deal with. A form of market society has perhaps taken hold where much is up for buy and sale exchange, notwithstanding oath of public office. This scene in the area of the halls of justice, around the pillars of justice, is not easily countenanced with. The wigs, the robes, the pinstripes, the khaki, the flowing white banian, the variety, they did not cover that within. And all this is but some distance away from the Pettah market. Many would shoot the messenger who brought it to the public eye, the video compeer, as the only means they can think of to contend with reality.

Sworn to public office. Law does not help. Religion probably has other purposes. Can the public service, the public office, then steer through this morass? That has been the recurring problem diagnosed variously as problems of life; of a structural, of a systemic nature, of that between those in the public service and those who consider themselves beyond those niceties, the MPP, none of them resolved.

The public service, the police and many others, have therefore only to depend on themselves, as best or otherwise as they may. The issue with them still remains one of Justice, Public good and Morality. Dignity of public office goes with it. With it, dignity governs the conduct of public officers. This is the continuing problem for Public officers who occupy public office. Public servants have even to discharge their duties in courts where his duty makes a high call on his dignity. As a witness in court, the public servant’s dignity comes to the fore in the reception of his evidence. The public servant’s dignity then stands on its own. MPP have their speeches in Parliament untested in any manner. They are delivered with some narcissi glee and glow.

MPP as Legislators hardly consider themselves to thus hold public office. Such constraints and niceties do not stay them. Inappropriate dress offends MPP dignity. Conviction for murder does not offend MPP sense of dignity. So there is confusion along the way, when dignity is, when dignity is not. The confusion is quite useful to some that there is space for manoeuvre to confuse many, of the validity of the oath, of their attire and much else, against dignity of public office. For much flows from dignity than from law and religion, and much else, now shows. Dignity of public office yet stands though it can be bulldozed away as one incident showed. The mangrove incident at Negombo showed the clash of the two interests and of the dignity of their respective offices. The dignity and the career of the public officer with the mangrove were razed away. The politician got his promotion.

Bribery and corruption are collectively the malady in the absence of justice and dignity. Waste and defalcation all follow in its train. In fact a series of other forms of misdemeanour have been vindicated in the political life of many in Parliament. None of the MPP stood up to protest their innocence or be exposed, when so challenged in Parliament. Dignity can wait the MPP said. But none of this rubbed on the body of the legislator. In Parliament all is different. Questionable conduct is even a proud distinction; it is a qualification. This apparently is the reason that none of the MPP who were dared to, did stand up and risk their conduct being exposed in Parliament. They only kept their seats wearing only a sheepish grin in contempt of the accusers. Speeches in Parliament are not restrained by oath or fraught by problematic social background, MPP are spared quandary.

Oath of public office then and now. Could an article, as this, have been written 50, 40, 30 years ago, then? Politicians, Judges, Lawyers, Police and Prison Commissioners, University dons, Election Commissioner (singular) Public servants, then, all were of repute and dignity. Do names need to be mentioned? What then and whence was the difference? Many reasons, now, are ascribed for the breakdown. The replacement of social values by market values in about 2008/09 with the financial crisis is given as the breaking point. That breakdown was ,however, coming, in slow change, before the crisis. Social institutions, political and religious organisations, law associations and traditions and much else, none excepted, were caught in the throes of this silent revolution. Money now mattered. None are clear. This opinion cannot be dismissed.

A matter of regret, then, is that much that is awry including law and order can be accounted so for this collapse. The dysfunction of law and order process has quite well set in now. Much of the malfunction though freely termed ‘laws delay’ is now, as in a market society, described even as a way of life! If one applies this same analysis around that is equally applicable to all.

Justice and dignity are yet in the street, not in the Hall.

 

Frank de Silva

Narahenpita.

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Opinion

Killing the proverbial goose

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I am an investor in tourism, in the southern province beaches. Along with me there are about 50 other, mostly foreign and a few local entrepreneurs who have put in huge amounts of effort and money into a stunning bay in Tangalle, called Mawella. This article is to highlight how ill-thought out and self-serving plans of government ministries and officials can jeopardize and ruin your investment. Suddenly we find out the fisheries ministry/department has come up with plans to develop it as a fisheries harbour/anchorage!! An outdated plan done without anybody’s knowledge or consultation. Not even the fishermen!!

This is one of the most pristine of beaches in Tangalle, untouched by any commercialization or destruction, or pollution. It’s a quiet, peaceful and secluded long stretch of a bay. It’s what the high-end tourists crave for, when they look at places like Sri Lanka and the Maldives for holidays. The unique features of Mawella bay are – the whole bay is swimmable, shallow and crystal clear calm waters almost all year round, a unique and natural long cliff outcrop in one corner of the bay protecting it (I don’t think there’s anything like it in the whole of Sri Lanka’s coast line). A wide and long perfect crescent of a beach (an hour long walk, one way), white powder sand all year round lies like a white carpet of welcome to everyone who visit it, from fisherman to tourist, and Mawella still remains untouched by ‘development’. Whatever tourism developments that has taken place here is well concealed, unobtrusive, low profile, luxury villas situated all around the bay. Majority of these are foreign investors making their home here or investing in tourism. Large amount of foreign investments have been poured into this bay. This is after the fishermen who owned these properties sold them. These lands and houses remained ruined, derelict and abandoned for nearly 10 long years since the tsunami destroyed them. When tourism began reviving after the end of the war in 2009, demand for these properties went up and the fishermen made a tidy sum out of selling them, having themselves been housed inland, by the government.

Now the Fisheries Department has unearthed some plans from a bygone era for the bay, to build a fisheries harbour/anchorage and is going ahead pell-mell with implementing it, with scant regard to the current developments already happened there. With their blinkers on, they have no inkling nor care for the current economics or the future potential of the bay. This harebrained plan was probably mooted by the ‘yahapalana’ government in 2017. But to go ahead with it, would spoil (if not ruin) the prospect of continuing high level tourism on one of the finest and largest beaches on the South Coast. This type of tourism is exactly what Sri Lanka needs and exactly what tourists want , in this fiercely contested international market.  Such tourism provides both local jobs and brings more tourists to Southern Sri Lanka who will be spending big money. Its prospect has recently been further enhanced by the completion of the Southern highway. But no tourist will want to visit a stinking mess of a fisheries harbour. It will be the end of tourism for one of the most stunning bays in Tangalle. People who fell in love with this island especially Mawella bay, have brought their investment to Sri lanka. They are the people who have already responded to the government’s call to ‘Invest in Sri Lanka’ launched by the tourism ministry. They have trusted in the Tangalle tourism zone hype made by the heads of government. All this is now in jeopardy, and risk of ruin because of the shortsighted action of another government department. This comes while tourism is reeling from the impact of Covid-19. In spite of expensive advertising it will be very hard to find investors in these unprecedented times. If adverse publicity of this debacle gets broadcast to the rest of the world, it would kill all investments that the government is trying so hard to woo.

The sad part is most fishermen of the Mawella bay are against this development project too. The fisheries officials have had several stormy meetings and clashes with them. Some fishers have already made their complaints/objections to higher officials and ministers of the fisheries department. ‘Maadal’ Fishing, the most ecofriendly and sustainable form of fishing happens here. The Anchorage project will kill this instantly. But in spite of the uproar, the project seem to be steamrolling ahead regardless. Why is this unnecessary and forced development? May be it’s because some funds are available for fisheries development and it needs spending? Or pocketing ?! Rumour has it that an area politician has already got the contract to supply quarry to the project.

If the planed fishing harbour or anchorage happens all our years of effort of development of the bay for tourism will get washed out to sea. Our input to Mawella has been not just large amounts of money, but time and passion. We the investors, are not the only victims of this man made catastrophe. A vibrant environment, a proliferate ecosystem, a lively wildlife, a stunning beauty and the very nature and characteristics of this bay stands to be changed. For the worse. Forever. Thus our urgent appeal to all decision-makers of the government to intervene and prevent this destruction of a perfect bay, and the scuttling of a thriving tourist industry. There is no shortage of fisheries harbours and anchorages in this part of the coast. Matara to Tangalle boasts of the highest concentration of fisheries harbours in the island. New ones are to be added soon. There is a dedicated fisheries bay (Hummanaya bay) right next door to Mawella, if they need to shift this project to a more suitable alternate site. So a solution to this looks very simple, easy and most of all, accommodating for all. There is no reason why both industries can’t exist side by side. They may even complement one another someday in the future – Fishing as a tourist activity/attraction.

Tangalle is not just about beaches. Yes, Tangalle beaches are the next big thing in the tourism map of the world. But then there is Cricket. F1 (If Namal Rajapakse’s projects take off). Mawella Lagoon airport. Expressway connectivity. MIA, Yala, Kumana, and Udawalawe wildlife. Blowhole (By the way, ours is the only one in all of Asia!), home to unique landform – coves, bays, lagoons, cliffs, and headlands not found in any other beaches of Sri Lanka, New heritage and historical sites being discovered which could rival Anuradhapura. As such what facilities do you have to cater to all this? How many rooms? What kind of rooms? Everything is poised for Tangalle to be the gateway to high-end tourism in Sri Lanka.

But we have reason to hope. Because from what we’ve seen of the government so far, It has stuck to its vision. Hopefully there are knowledgeable people installed in the right jobs by now. Especially in environmental, tourism, investment, and economic portfolios. That is President Gotabaya’s secret for success. We hope this will catch the eyes of such. If not the government will be definitely killing the goose that lays the golden egg as far as foreign investment is concerned.

 

Citizen S

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Opinion

Lalith: A true leader who opened many a window for others

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84th birth anniversary:

by Shyamila Perera

former coordination Secretary

Always remembered by what he has done- LALITH ATHULATHMUDALI

Lalith Athulathmudali was indefatigable in his quest for knowledge and was continuously opening windows for our youth to the modern world of knowledge and technology. With the Mahapola concept, he demonstrated the fact that school was not merely an institution concerned with distributing prescribed learning but rather that it was motivated towards creating an awareness of ever-expanding human horizon in the world of today and tomorrow. Communication and information were central to Lalith’s vision of realizing his goals. His steadfast ambition was that our youth be equipped to take their place in the global village of advancing technology.

Lalith’s enduring mission was to provide facilities for our young men and women with high ideals and higher hopes emerging each year on the threshold of life with no hope of assistance, falling back in frustration because they were being defeated by the system. The creation of the Mahapola Scholarship Trust Fund was a major step towards defeating the cynicism of the system. But even that was insufficient for Lalith. He wanted more for these young men and women particularly because he truly believed that the eventual alleviation of poverty could only be achieved through enhanced education and narrowing the gap in educational facilities. Through the provision of a dynamic educational system complete with English as its cementing language and developing technical and vocational skills to meet the mismatch in employment market.

Lalith did not overlook the business community but created lucrative openings for them. The business community benefitted by his pragmatic vision and innovative ideas. Modernization of commercial laws, Export incentives, introduction of the Export production villages, Exporter’s forum and the Presidential Export awards, lying emphasis on exports, Development of the Port as a modern container port and equipping it for transhipment are some of the few initiatives he took to develop the economy.

In his short span, as the Minister of Agriculture he introduced many novel ideas such as Agricultural Export villages, the soil and climate cropping system and the concept of growing for the market. His stint as the Education portfolio he introduced many reforms with the student being the priority.

His political ideology for the country was of national, secularism, democracy and market economy with a safety net for the less privileged. He insisted that the voice of the people, their needs, their aspirations and their priorities must become the corner stone of the edifice of planning. Scholarships for post-graduate studies, grants and other special awards will be included in to the Foundation’s educational programmes.

It’s appropriate to lookback at his life’s work and vision, pragmatism and the vigour he displayed he displayed during his relatively short span of life.

Always Remembered by what he has done

A short summery of his work and achievements is appropriate to be remembered: As Minister of Trade from 1977 (August)-1983 March) he Implemented the open market economy, introduced the concept of bonded warehousing for essential foods to ensure food security, ensured continuous supply of food and essentials to the people amidst of riots and crisis (1983) through Trade Ministry supply chain, introduced new laws for consumer protection, Consumer Credit , Code of Intellectual Property , New Companies Act, Insurance (Special Provisions) Act, Sri Lanka Export Credit Insurance Act, Export Development Board Law, Young Inventors Commission among others. He restructured the CWE to become a profitable Organization and a self-service retail network, re built the Lanka Milk foods factory with modern facilities (after the Welisara fire). Effected positive changes in the export sector and established a with Export information Centre, Exporter’s Forum, Presidential Export Awards, Export Production Village Concept,etc. As Minister of PORTS and SHIPPING (1978- 1988) he spearheaded the unification of Port activities by creating the Sri Lanka Ports Authority, introduced transhipment, modernized the marine laws, Infrastructure modernization and development of the Port, pioneered the Containerization, the development of the QEQ, Construction of the JAYA Terminal as the first modern fully computerized terminal. Ports became a revenue earning institutions for the first time during his tenure & achieved 26th position among world ports (139th in 1980) He established the Mahapola- SLPA Technical Training Institute and completed construction of the Sambudha Jayanthi Stupa during his term. MAHAPOLA (1980) The Mahapola concept that he introduced was the closest to his heart. he created a fund with a personal contribution. In order to collect funds for this programme he introduced the Mahapola Lottery. Later with his foresight The MTF became a co-partner of the Development Lottery initiated by the Ministry of Plan Implementation by investing 50% of the capital which guaranteed continuity of the scholarships. Mahapola Trade Fairs and Educational Exhibitions were introduced to create a link between education and trade. Mahapola Trust Fund was initially created by a private deed and thereafter enacted as the Mahapola Higher Education Scholarship Trust Fund by an Act of Parliament to provide scholarships to the needy undergraduates. The “Gnana Pradeepa” fund provided infrastructure facilities to rural Schools. The “Gnana Dharshana” Seminar programme Which he personally participated, benefitted of students of economics & commerce. He acquired a 25-acre block of land to the Trust in order to establish the Mahapola University Complex (currently occupied by SLIIT)

With the onset of the Eelam war NATIONAL SECURITY and DEFENCE (1983-1988) was a diverse subject for this intellectual. However, he accepted the challenge. Restructuring of the Armed forces from Ceremonial to a fully-fledged combat forces, recruitment, training, equipping and establishing new units was his priority. He was Instrumental in the establishment of the Special Task Force, Rapid Deployment Force, National Auxiliary Force, expanding Commando Units, equipping the Navy with new, modern fast craft to strengthen the protection of the sea routes. The increasing the number of camps in the war zone, teaching of Tamil language to soldiers, welfare schemes for soldiers, boosting the morale of the soldiers by visiting camps regularly were some others he was involved in. He also gave political leadership to the Wadamarachchi operation.

He was the Minister of Agriculture, Livestock and cooperatives for a short stint (1989-1990) The framework for “farming for the Market”, concept of “YALA- for cash- MAHA for rice” evolving cropping systems for different climatic zones and soil conditions, Introduction of Agricultural Export Production Village Scheme Introducing the export oriented agriculture to the farming community, organizing livestock farmers in to co-operative societies, introducing the concept of co-operative banking and insurance business were some of the concepts he introduced to the agriculture sector.

EDUCATION and HIGHER EDUCATION (1990-1991-August). To Lalith Athulathmudali, education as a whole was sine-qua-non of his existence. He believed that an educated society can only be created by a leadership that values education and educated people. Introduction of the concept of equal opportunity for equal ability was his vision. He broad-based opportunities to teach core subjects; science, maths and English with the use of electronic media for education (particularly to benefit rural students) He Introduced a scheme to increase opportunities for technical and vocational education with a graded system in technical education with formal exit points from main stream of education. The teaching of second and third languages in schools and introduction of competency tests, introducing the Tri-lingual alphabet with free school books, introducing Sports as a vocational subject for O/L and A/L, Introducing the Teacher Service and Principals Service, Year-9 Technical Certificate, National Education Commission are some other ideas he introduced during the 15 months of his tenure.

 

RISE AGAINST AUTOCRACY & THE CRUSADE TO RE ESTABLISH DEMOCRACY (1991 August-1993 April) Lalith Athulathmudali was a democrat in every sense of the word. He spent his formative years in a liberal environment where free thinking, the rule of law, democracy was paramount. However, his liberal thinking did not blind him of the limitations it could have on a developing country like Sri Lanka. He believed that every citizen is equal in dignity and should enjoy the freedom, privileges and basic facilities in equal share. The rule of law should be equal to all from the highest and the lowest in society. Independence of the judiciary has to be protected at any cost. And strived to create a society where “freedom without fear” shall prevail

In pursuance of these goals he sacrificed his precious life on a political platfor April 23 rd, 1993

“Look for WHAT IS RIGHT- not WHO IS RIGHT”

 

EPITAPH

“He was young enough and tough enough to confront and to enjoy the winds of these times, whether the winds of nature or the winds of political circumstance and national danger; He died of exposure. But in a way that he would have settled for, in the line of duty, with his friends and enemies all around supporting him and shooting at him. It can be said of him, as of few men in like position, that he did not fear the weather and did not trim the sails, but instead challenged the wind itself, to improve its direction and cause it to blow more softly and more kindly over the nation and its people.”

Courtesy- JFK memorial

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Opinion

Hector Francis Campbell Fernando

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A tribute to a father on his 110th birth anniversary

When my youngest brother, Gihan (GAF), as a boy of six years, was interviewed by Canon R. S. De Saram, the Warden, S. Thomas’ College Mount. Lavinia, prior to his admission to the College, and when he was asked what his father’s profession was, he had replied, ‘ He is a glass maker’. The Warden like many other members of the community had got his ’glasses’ from his one-time student, HFC, and knew what the boy was talking about. My father found this most amusing and related this to many friends and relatives. He knew that to many people he was indeed, simply a ‘glass maker’!

He was the first Ceylonese to qualify as an optician in the United Kingdom. He returned to Sri Lanka just before the second World War broke out. Until then this was a profession which was dominated by British nationals. Many young men who wished to be trained in the field of optometry, were apprenticed under him and went on to become big names in their chosen field. He never considered himself a businessman and refused to set up his own optical business. He considered himself a professional and was very proud of his profession. Kindness and skill, care and attention marked his service to his clients.

He established the Ceylon Optometrists Association, and became its founder president. The main purpose of this Association was to further the professionalism and standards of those in this field of work. The Association, I understand continues its good work even today.

My father and his four brothers attended S. Thomas’ College, Mount Lavinia. His love for Physics and optics in particular, he attributed to his beloved teacher Dr. R.L.Haymen, who went on to become the founder headmaster of S. Thomas’ Gurutalawa.

Born on 26th November 1910, he returned to his Maker on the 17th June 1962. It was too soon. I was just 15 and I had two brothers who were younger, and this was a time in our life when we would have really liked a father to be around. Both my sisters had left school, and one had just got into university, and all five of us found ourselves making huge adjustments to meet a situation that we had not imagined in our wildest dreams. But it was our mother who was devastated by the loss of a devoted husband. A teacher who never took any leave, she could not get back to work for over four weeks, such was the effect of this loss.

He was a wonderful father, who set high standards for us. Not once had he ever raised his hand against any of his children. Even when it came to simple things like how you dress, he insisted on standards, I had once slackened my tie knot and unbuttoned the collar button, (I was only 14), he saw me and he told us the story of how he had done this at school (those were days when senior boys wore tie to school), and his teacher, who also taught me English, Mr. V.P. Cooke, had made him stand in front of the class and told the other students, “Look at this chap, he is neither a loafer nor a gentleman’. The lesson was learnt.

Next to his profession his other love was the YMCA. He was a loyal member of the Colombo Association, and many were the occasions when we as a family trooped into the YMCA building for functions involving the family. He took a special interest in the Y’s Men’s Club of the Colombo YMCA. This was the service arm of the ‘Y’. At the time of his death he was serving his fourth term as President. He was held in very high esteem by all those with whom he associated, and I can do no better than to quote from an appreciation written by the then General Secretary of the Colombo YMCA, Mr. Lennie Wijesinghe, soon after his death.

“Hector is dead and with his death we of the Association have lost a loyal Active Member and a sincere friend. Our Y’s Men’s Club has suffered even a greater loss for he was its President. It was under his leadership that the Club achieved its present status in Y’ sdom. He carried himself with dignity wherever he went. It was not a cold dignity but one which was surrounded by the inimitable charm of a friendly personality. Indeed, this was one remarkable characteristic of the man. Nobody meeting him for the first time could think of him as a stranger. It would be correct to say that in such circumstances one was more inclined to look upon him as a dear friend. Such was the impelling force of the love that throbbed in him. Hector never gave himself airs. Simplicity was the very essence of his nature. And yet it was not of the ordinary variety, rather was it one springing from the depths of a kindly disposition. Nor was his spirit of service limited. It reached out to others wherever the need arose.”

May his soul rest in peace!

 

Eksith Fernando

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