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Kudurai Madiri Pona

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The big jumbo has come from the French land and as the French themselves say it is ‘annus mirabillis’ the miracle year, finally, and finally the wait is over. The world will now see the Big- Bus that we all waited for so long to see. As the years roll by, none would talk of delays regarding the delays on delivery dates and how late the bird flew in. These would be like words written on a blackboard, erased forever. But the aeroplane will grace the sky and, perhaps rewrite all the records of commercial aviation when the mega-miracle A380 dominates the international air-routes.

Singapore Airlines went into the record books as the launch customer. Some of my old friends from SIA would fly the A380. Perhaps, Luke would, too, and this story is about him. Luke of yesteryear and how he first flew as a cadet and how young Luke and I went romping the skies in our own special way, writing a few new lines in the flight training manual.

Luke was from Johor Baru, in Malaysia. His roots were in South India where years ago his grandfather had done a Robinson Crusoe and ended up in the Malayan Peninsula. Luke was named after one of the four Gospel scribes. Luke really isn’t his name. It is a pseudonym, I use just to give him some anonymity. Not much protection, but one is to three are playable odds. Like in Rumple stiltskin the manikin, you are welcome to guess the name.

We first flew to Seoul. He, straight out of flying College, and yours truly, as old as the hills, driving the ‘Jumbo’ classic, the lovable 747. The first thing I noticed about him was his socks, black and white diamond shapes, a mini version of the flags they swing at Grand Prix finals – if Luke swung his feet, a Ferrari would pass underneath. That we sorted out the first day itself. In Seoul,he went shopping and the next day he was Zorro, waist to toe, black as a crow.

His flying credentials were all there, somewhat mixed up between what they teach in modern flying schools and how to apply the ‘ivory tower’ jargon to cope with the big 747. As for raw handling of the aeroplane, all his skills were intact, only they were in bits and pieces and spread in places like an Irida Pola (Sunday Fair). They had to be streamlined, the wet market needed to be modified to a ‘Seven-Eleven’ – that was my job.

The next round we went flying to Europe, his first run to the unknown, like Gagarin in his Sputnik, young Luke flew to Rome. The flying was same as before, a bit mixed up amidst the hundreds of aero dynamical paraphernalia that spelled out from the encyclopaedic collection of books that he had to study.

That’s when I decided to change the tide.

‘Luke my friend,” I said to him in a fatherly fashion.

‘You and I are from similar fields, you from Kerala and me from Sri Lanka. These Min Drag Curves and VFEs and WAT limits and VLEs are too much for us. Just remember when you pull the stick back, the houses will become smaller and when you push the stick down, the houses will become bigger, that’s climbing and descending this monster,” I explained the simple theory of flight.

“As for landing my friend, Kudurai Madiri Pona, just ride it like a horse.”

That was it. We flew, over Europe and he flew like a Trojan, bravely battling the weather and the overcrowded skies. Every time he came in to land it was pure and simple Kudurai Madiri Pona and the big jumbo responded and touched down on the concrete as smooth as a honeymoon lover.

On the way back, we flew via Colombo, that’s my home ground. I requested the radar controller to give Luke a very short ‘four-mile’ final. They know me well here and the controller said “No problem, Captain.”

I was depicting what we did in the Old Hong Kong Airport or what we do in the Canarsi Approach in New York; both, most demanding. A ‘four-mile’ final is a challenge for anyone. I was throwing him in at the deep end and I had no doubt Luke could manage. He came in tight and right, like Hopalong Cassidy and rode the horse straight and beautiful to do a perfect landing. Gone was the Kampong kid and his ‘Irida Pola’ flying, this was Takashimaya and Robinsons rolled into one, everything was in place, nice and shining and professional to the tee.

That was our little story, Luke the ‘jockey’ and me. Sometimes in the field of training, the script needs a little changing. New acts to be introduced to suit the stage. That is the essence of teaching, different hurdles for different horses. It wasn’t for Luke to learn what I knew, more so, it was for me to know who he was and what he could cope with. That part was difficult to find in the flying training manual, and so was Kudurai Madiri Pona.

The world has gotten older and young Luke now wears four stripes and flies in command of Boeing Triple Sevens, fly-by-wire and multiple computers. I met him a few times, flew as his passenger, too, with great pride. “Captain Luke is in command,” the stewardess announced, and silently and gratefully I said, ‘Amen’.

I saw him walking down the aisle, looking for me. Same old Luke in his flat and uncombed Julius Ceaser hairstyle. He came to my seat and grinned and shook my hand and lightly lifted his trouser leg and said,

“Captain, the socks are black and it is still Kudurai Madiri Pona.

I am sure Luke will fly in command of the gigantic A380 one day. That’s a certainty. It would be the zenith for any pilot. Luke is ready, that I know. He is competent, polished and professional and will wear socks as black as midnight. It’s nice that he remembers his beginnings. That’s what flying is all about, that’s what life is all about.

Kudurai Madiri Pona

– ride it like a horse. Some flying lesson.



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TNGlive relieving boredom

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Yes, indeed, the going is tough for everyone, due to the pandemic, and performers seem to be very badly hit, due to the lockdowns.

Our local artistes are feeling the heat and so are their counterparts in most Indian cities.

However, to relieve themselves of the boredom, while staying at home, quite a few entertaining Indian artistes, especially from the Anglo-Indian scene, have showcased their talents on the very popular social media platform TNGlive.

And, there’s plenty of variety – not just confined to the oldies, or the current pop stuff; there’s something for everyone. And, some of the performers are exceptionally good.

Lynette John is one such artiste. She hails from Lucknow, Uttar Pradesh, and she was quite impressive, with her tribute to American singer Patsy Cline.

She was featured last Thursday, as well (June 10), on TNGlive, in a programme, titled ‘Love Songs Special,’ and didn’t she keep viewers spellbound – with her power-packed vocals, and injecting the real ‘feel’ into the songs she sang.

What an awesome performance.

Well, if you want to be a part of the TNGlive scene, showcasing your talents, contact Melantha Perera, on 0773958888.

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Supreme Court on Port City Bill: Implications for Fundamental Rights and Devolution

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The determination of the Supreme Court on the Colombo Port City Economic Commission Bill was that as many as 26 provisions of the Bill were inconsistent with the Constitution and required to be passed by a two-thirds majority in Parliament. The Court further determined that nine provisions of the Bill also required the approval of the people at a referendum.

Among the grounds of challenge was that the Bill effectively undermined the sovereignty and territorial integrity of Sri Lanka and infringed on the sovereignty of the people. It was argued that several provisions undermined the legislative power of the People reposed on Parliament. Several provisions were challenged as violating fundamental rights of the People and consequently violating Article 3, read with Article 4(d) of the Constitution. Another ground of challenge was that the Bill contained provisions that dealt with subjects that fall within the ambit of the Provincial Council List and thus had to be referred to every Provincial Council for the expression of its views thereon as required by Article 154G(3).

 

Applicable constitutional provisions

Article 3 of our Constitution recognises that “[i]n the Republic of Sri Lanka, sovereignty is in the People and is inalienable”. Article 3 further provides that “Sovereignty includes the powers of government, fundamental rights and the franchise”. Article 3 is entrenched in the sense that a Bill inconsistent with it must by virtue of Article 83 be passed by a two-thirds majority in Parliament and approved by the people at a referendum.

Article 4 lays down the manner in which sovereignty shall be exercised and enjoyed. For example, Article 4(d) requires that “fundamental rights which are by the Constitution declared and recognised shall be respected, secured and advanced by all the organs of government and shall not be abridged, restricted or denied, save in the manner and to the extent hereinafter provided”. Article 4 is not mentioned in Article 83. In its determinations on the Eighteenth Amendment to the Constitution Bill, 2002 and the 19th Amendment to the Constitution Bill, 2002, a seven-member Bench of the Supreme Court noted with approval that the Court had ruled in a series of cases that Article 3 is linked up with Article 4 and that the said Articles should be read together. This line of reasoning was followed by the Court in its determination on the 20th Amendment to the Constitution Bill.

Under Article 154G(3), Parliament may legislate on matters in the Provincial Council List but under certain conditions. A Bill on a matter in the Provincial Council List must be referred by the President, after its publication in the Gazette and before it is placed in the Order Paper of Parliament, to every Provincial Council for the expression of its views thereon. If every Council agrees to the passing of the Bill, it may be passed by a simple majority. But if one or more Councils do not agree, a two-thirds majority is required if the law is to be applicable in all Provinces, including those that did not agree. If passed by a simple majority, the law will be applicable only in the Provinces that agreed.

 

Violation of fundamental rights and need for a referendum

Several petitioners alleged that certain provisions of the Port City Bill violated fundamental rights. The rights referred to were mainly Article 12(1)—equality before the law and equal protection of the law, Article 14(1)(g)—freedom to engage in a lawful occupation, profession, trade, business or enterprise— and Article 14(1)(h)—freedom of movement. Some petitioners specifically averred that provisions that violated fundamental rights consequently violated Articles 3 and 4 and thus needed people’s approval at a referendum.

The Supreme Court determined that several provisions of the Bill violated various fundamental rights and thus were required to be passed by a two-thirds majority in Parliament. The question of whether the said provisions consequently violated Article 4(d) and thus Article 3 and therefore required the approval of the People at a referendum was not ruled on.

The Essential Public Services Bill, 1979 was challenged as being violative of both Article 11 (cruel, degrading or inhuman punishment) and Article 14. Mr. H.L. de Silva argued that a Bill that violates any fundamental right is also inconsistent with Article 4(d) and, therefore, with Article 3. The Supreme Court held that the Bill violated Article 11 but not Article 14. Since a Bill that violates Article 11 has, in any case, to be approved at a referendum as Article 11 is listed in Article 83, the Court declined to decide on whether the Bill offended Article 3 as well, as it “is a well-known principle of constitutional law that a court should not decide a constitutional issue unless it is directly relevant to the case before it.”

A clear decision on the issue came about in the case of the 18th Amendment to the Constitution Bill; a seven-member Bench of the Supreme Court held that the exclusion of the decisions of the Constitutional Council from the fundamental rights jurisdiction of the Court was inconsistent with Articles 12 (1) and 17 (remedy for the infringement of fundamental rights by executive action) and consequently inconsistent with Article 3, necessitating the approval of the Bill at a referendum.

When the 20th Amendment to the Constitution Bill sought to restore the immunity of the President in respect fundamental rights applications, the Supreme Court determined that the “People’s entitlement to remedy under Article 17 is absolute and is a direct expression of People’s fundamental rights under Article 3 of the Constitution.”

In the case of the Port City Bill, however, the Supreme Court only determined that certain provisions of the Bill violated fundamental rights and thus required a two-thirds majority, but did not go further to say that the offending provisions also required approval of the people at a referendum.

Perhaps, the Court took into consideration the Attorney-General’s assurance during the hearing that the impugned clauses would be amended at the committee stage in Parliament.

However, Parliament is not bound by the Attorney-General’s assurances. In the absence of a clear determination that the clauses concerned required a referendum as well, Parliament could have passed the clauses by a two-thirds majority. The danger inherent in the Supreme Court holding that a provision of a Bill violates fundamental rights and requires a two-thirds majority but makes no reference to the requirement of a referendum is that a government with a two-thirds majority is free to violate fundamental rights, and hence the sovereignty of the People by using such majority. It is respectfully submitted that the Court should, whenever it finds that a provision violates fundamental rights, declare that Article 3 is also violated and a referendum is necessary, as it did in the cases mentioned.

 

The need to refer the Bill to Provincial Councils

The Port City Bill had not been referred to the Provincial Councils, all the Provincial Councils having been dissolved. The Court, following earlier decisions, held that in the absence of constituted Provincial Councils, referring the Bill to all Provincial Councils is an act which could not possibly be performed.

In the case of the Divineguma II Bill, the question arose as to the applicability of the Bill to the Northern Provincial Council, which was not constituted at that time. The Court held while the Bill cannot possibly be referred to a Council that had not been constituted, the views of the Governor (who had purported to express consent) could not be considered as the views of the Council. In the circumstances, the only workable interpretation is that since the views of one Provincial Council cannot be obtained due to it being not constituted, the Bill would require to be passed by a two-thirds majority. Although not explicitly stated by the Court, this would mean that if the Bill is passed by a simple majority only, it will not apply in the Northern Province. The Bill was passed in Parliament by a two-thirds majority. The Divineguma II Bench comprised Shirani Bandaranayake CJ and Justices Amaratunga and Sripavan, and it is well-known that the decision and the decision on the Divineguma I Bill cost Chief Justice Bandaranayake her position.

It is submitted that Article 154G (3) has two requirements—one procedural and one substantive. The former is that a Bill on any matter in the Provincial Council List must be referred to all Provincial Councils. The latter is that in the absence of the consent of all Provincial Councils, the Bill must be passed by a two-thirds majority if it is to apply to the whole country. If such a Bill is passed only by a simple majority, it would apply only in the Provinces which have consented.

The Divineguma II determination accords with the ultimate object of Article 154G(3), namely, that a Bill can be imposed on a Province whose Provincial Council has not consented to it only by a two-thirds majority. It also accords with the spirit of devolution.

A necessary consequence of the Court’s determination on the Port City Bill is that it permits a government to impose a Bill on a Provincial Council matter on a “disobedient” Province by a simple majority once the Provincial Council is dissolved and before an election is held. What is worse is that at a time when all Provincial Councils are dissolved, such as now, a Bill that is detrimental to devolution can be so imposed on the entire country. It is submitted that this issue should be re-visited when the next Bill on a Provincial Council matter is presented and the Supreme Court invited to make a determination that accords with the spirit of devolution, which is an essential part of the spirit of our Constitution.

 

 

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‘Down On My Knees’ inspires Suzi

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There are certain songs that inspire us a great deal – perhaps the music, the lyrics, etc.

Singer Suzi Fluckiger (better known as Suzi Croner, to Sri Lankans) went ga-ga when she heard the song ‘Down On My Knees’ – first the version by Eric Guest, from India, then the original version by Freddie Spires, and then another version by an Indian band, called Circle of Love.

Suzi was so inspired by the lyrics of this particular song that she immediately went into action, and within a few days, she came up with her version of ‘Down On My knees.’

In an exclusive chit-chat, with The Island Star Track, she said she is now working on a video, for this particular song.

“The moment I heard ‘Down On My Knees,’ I fell in love with the inspiring lyrics, and the music, and I thought to myself I, too, need to express my feelings, through this beautiful song.

“I’ve already completed the audio and I’m now working on the video, and no sooner it’s ready, I will do the needful, on social media.”

Suzi also mentioned to us that this month (June), four years ago, she lost her husband Roli Fluckiger.

“It’s sad when you lose the person you love but, then, we all have to depart, one day. And, with that in mind, I believe it’s imperative that we fill our hearts with love and do good…always.”

A few decades ago, Suzi and the group Friends were not only immensely popular, in Sri Lanka, but abroad, as well – especially in Europe.

In Colombo, the Friends fan club had a membership of over 1500 members. For a local band, that’s a big scene, indeed!

In Switzerland, where she now resides, Suzi is doing the solo scene and was happy that the lockdown, in her part of the world, has finally been lifted.

Her first gig, since the lockdown (which came into force on December 18th, 2020), was at a restaurant, called Flavours of India, with her singing partner from the Philippines, Sean, who now resides in Switzerland. (Sean was seen performing with Suzi on the TNGlive platform, on social media, a few weeks ago).

“It was an enjoyable event, with those present having a great time. I, too, loved doing my thing, after almost six months.’

Of course, there are still certain restrictions, said Suzi – only four to a table and a maximum crowd of 50.

“Weekends are going to be busy for me, as I already have work coming my way, and I’m now eagerly looking forward to going out…on stage, performing.”

In the meanwhile, Suzi will continue to entertain her fans, and music lovers, on TNGlive – whenever time permits, she said,

She has already done three shows, on TNGlive – the last was with her Filipino friend, Sean.

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