Guest Column by Dr Kumar David-Dated !-Jul-"#!$ %t seems that the &odi government is 're'aring the ground and softening u' (amils at home and in Lanka to ditch the !-th )mendment and the %ndo-Lanka )ccord of !*+,- not e.'licitly but to go half/ay do/n this road0 any1 including this /riter thought after Prime &inister &odis conversation /ith President 2a3a'akse at the formers inauguration1 that %ndia intended to hold 4rm and retain continuity in res'ect of its stance on Lankas national 5uestion0 6ubse5uent re'orts ho/ever 'oint in the o''osite direction0 Ceylon (amils /ho consider %ndian su''ort a bargaining lynch'in had better /ake u'0 %s the &odi government 're'aring to sell them do/n river for thirty 'ieces of silver7 8as &odi resolved to thro/ in his lot /ith 2a3a'akse7 %f so1 his reasons % /ill s'eculate on at the end of this 'iece0 Com'elling evidence for this volte-face comes from a high level 4ve-man BJP team /hich held a seminar in Colombo during the last /eek of July0 (/o long intervie/s in the local 'ress /ere even more signi4cant0 Before % summarise1 let me assert that the incontrovertible cou' de grace /ill be if &odi 'rohibits the 9:82C %nvestigation team from visiting %ndia to collect evidence and surmount the travel ban 'laced by the 2a3a'akse government0 (he message then /ould be loud and clear- the &odi and the BJP do not /ant the Lankan state and military investigated for human rights violations and /ar-crimes0 (he decision has not been formally announced but is /idely e.'ected and Jayalalitha has raised the alarm0 6econdly1 if the %ndian military 'artici'ates in an e.ercise 'lanned by its Lankan counter'art for later this month ;)ugust "#!$< /hile the 9:82C investigation is still in 'rogress1 Delhi and its military /ill kno/ingly mire themselves in a di'lomatic and 'olitical morass0 ) 'rime motive in 2a3a'akses recent decision to backdate the revie/ 'eriod of the Paranagma Disa''earances Commission /as to include the time the %PK= /as o'erating in Lanka0 (ill recently Delhi /as leaning on Colombo on human rights and devolution issues0 (he threat to in5uire into violations by the %PK= /as intended to hit back0 %n the /ake of the 6ubramanium 6/amy led seminar in Colombo and the statements of the 'artici'ants1 clearly the BJP is besotted /ith the 2a3a'akses0 (herefore Colombos attem't to embarrass Delhi by o'ening the door to a recording of the dirty deeds of the %PK= is a little ba>ing- it may boomerang0 (he 'osition of the former Congress led government /as that it assisted the 2a3a'akse 6tate to destroy the L((? in the civil1 but on condition and in the e.'ectation that the (amils of the north and east /ould be 'ermitted a reasonable degree of devolution and self-administration0 (he %ndo-Lanka )ccord and the !-th )mendment to the Constitution enca'sulated the e.'ectations0 @hile the BJP cheered the eradication of the L((? it has never sho/n much loyalty to the )ccord negotiated by its Congress rival 2a3iv Gandhi and never had much em'athy for Ceylon (amils0 %t has negligible standing in (amil :adu hence it is immune to home gro/n (amil sentiment and cannot be 'ressured into feigning em'athy for Ceylon (amils0 ;Ceylon (amil is used in this essay to distinguish from the 9'country (amil community<0 (ill a fe/ /eeks ago the e.'ectation /as that the BJP /ould let the mandarins in Delhi run 6ri Lanka 'olicy- continuity0 %t /as thought that &odi had no incentive for 'olicy reversal0 (his e.'ectation has turned out to be incorrect0 )ccording to the visiting BJP team1 de facto if not de 3ure1 !) the %ndo-Lanka )ccord /ill be de'osited in the /aste 'a'er basket- Ceylon (amils /ill be told to go Ay a kite- human rights and /ar-crimes concerns /ill be s/e't aside- and an a.is bet/een the BJP and the lame duck 2a3a'akse administration1 no/ struggling on its last legs1 /ill be crafted0 (amil dias'ora busybodies /ill no longer be entertained in Delhi and sho/n the door0 %f you are a Ceylon (amil or a human-rights activist you /ill not en3oy hearing this- but tough luck1 these are the facts say the visitors0 (he BJP visitors (his /as no tour grou' visiting to en3oy the scenery and lie on the beach in s/im/ear- this /as a delegation sent by the BJP /ith a 'olitical 'ur'ose1 and 'ossibly after liaison /ith Lankas Defence and ?.ternal )Bairs &inistries0 (heir talks at the 'lush B&%C8 Centre and in subse5uent intervie/s could not have 'leased these &inistries more if they had scri'ted it themselves0 (eam leader 6ubramanium 6/amys vie/s on Lankas ethnic imbroglio are /ell kno/n0 8e has al/ays been 4ercely anti L((? and celebrated its demise- he may be described as belonging to that fringe of the BJP that has no 'atience /ith the so-called C(amil cause0 ) fair descri'tion of his stance on the Lankan 6tate and its handling of (amils /ould beD &r 6/amy is a virtuoso violinist in the 2a3a'akse orchestra0 %n and intervie/ /ith Lanka Paranagama given much 'rominence in the Daily &irror of "E July and available on its Breaking :e/s /ebsite ;htt'DFF///0dailymirror0lkF<1 BJP =oreign Policy Cell national convener and member of the :ational ?.ecutive1 Dr0 6eshadri Chari1 /as most revealing0 8ere is a sam'le that illustrates changes that are on the /ay0 GuestionD Promises made by the Government of 6ri Lanka to im'lement the !th amendment are yet to be realiHed0 8o/ /ill %ndia 'roceed to ensure the 'romise is not limited to mere 'romises7 )ns/erD !) is the 'roduct of a 'articular situation that e.isted at the time /hen it /as originally dra/n u'0 &uch /ater has Ao/n since then1 so in the changed circumstances1 all the stakeholders need to look at !) and im'lement its 'rovisions in a 'hased manner0 %f Colombo is able to set a 'articular time frame on the im'lementation1 it /ould hel' build bridges bet/een various communities0 %t is u' to Colombo to rea' the 'eace dividends by im'lementing !)0 GuestionD @hat are your comments on %ndias abstention from voting at the 96-backed resolution on 6ri Lanka at the "Eth 9:82C session this year7 )ns/erD (he BJP has al/ays held vie/s contrary to the former government of %ndia on the voting on the matter at the 9:82C in "#!"0 %n "#!$ ho/ever1 good sense 'revailed and %ndia abstained0 @e have al/ays believed that the issues bet/een Colombo and the (amil 'o'ulation is an internal matter of 6ri Lanka0 %ndia has al/ays o''osed any internaliHation of domestic 'roblems and /e strongly believe this 'roblem can best be solved through negotiations bet/een %ndia1 6ri Lanka and other 'arties involved0 )s far as human rights violations are concerned1 %ndia strongly believes that 6ri Lanka is seiHed of the matter- LL2C is active1 it has submitted a re'ort and no/ the 5uestion lies on the im'lementation as'ect0 % strongly believe that both %ndia and 6ri Lanka should resolve this issue and collaborate to get the resolution com'letely /ithdra/n0 ;(his combines together the res'onses to a fe/ 5uestions on the same theme<0 GuestionD Given that victims of these alleged 82 violations have Aed 6ri Lanka1 isnt the internationaliHation of the issue inevitable7 )ns/erD (he activities of the (amil dias'ora are a sub3ect matter for the Government of 6ri Lanka to tackle ;sicI<0 %ndia is against the kind of negative lobbying carried out by the dias'ora and % ho'e they /ould better engage on the economic develo'ment and con4dence building measure of 'ost-/ar 6ri Lanka0 (he other signi4cant intervie/1 s'lashed full-'age across the Ceylon (oday ne/s'a'er of "* July "#!$1 /as /ith Dr 6/a'an Dasgu'ta1 described as a close &odi con4dante and ti''ed to be the ne.t %ndian 8igh Commissioner to London0 ) fe/ e.tracts are suJcient to con4rm that the BJP is in the 'rocess of making a 'olicy s/itch0 ;Guestions and ans/ers have been abridged- the full version is available in 'rint and /eb<0 GuestionD (he 'osition of the Congress /as the im'lementation of !) and !)K0 @ould that be the same /ith the BJP7 )ns/erD %t is too early to tell0 % believe !) is something for 6ri Lanka to /ork out0 (hey have their constraints- it is not a matter for %ndia to decide0 %t is im'ortant for %ndia to encourage 6ri Lanka to resolve its o/n 'roblem0 GuestionD the ! th )mendment stems from a bilateral agreement1 the %ndo-Lanka )ccord0 )ns/erD Lets /ait and see /hat im'ortance the ne/ government attaches to the Jaya/ardene-2a3iv Gandhi accord0 ;:otice the deft and dece'tive s/itch from a country to country agreement to a deal bet/een t/o individuals< 0 0 0 to /hat e.tent it moves on /ith fresh eyes0 GuestionD @hat is the 'osition of the BJP on the 9:82C /ar crimes investigation7 )ns/erD %t is /ork in 'rogress 0 0 0 look at it /ith fresh eyes and see /hat elements need to be continued and /hat needs to be changed0 GuestionD Could the issue over /ar crimes investigation be sorted out amicably bet/een 6ri Lanka and %ndia7 )ns/erD % believe 6ri Lanka itself can resolve the issue0 (his is carte blanche that the 2a3a'akse siblings and military could have ho'ed for in their /ildest dreams0 @hy the ra''rochement /ith 2a3a'akse7 (he BJP has no inherited allegiance to the %ndo-Lanka ;or as it no/ calls it the Jaya/ardena-2a3iv Gandhi< agreement- it has no (amil clientele in %ndia that it needs to be sensitive about- it has no interest in human rights in Lanka- and most im'ortant its ideology and value system are diBerent0 % need to s'ell out this last 'oint in a 'aragra'h or t/o0 (he outgoing Congress government /as corru't1 a failure and rotten0 But it /as also ideologically and historically a diBerent from the BJP0 %t /as a little bit more secular than skin-dee'- the BJP /ill not challenge the secular basis of %ndian 'olity only because it dare not0 Congress did not subscribe to a 8indi-Lnly ideology ;/e 6ri Lankans have an idiom called 6inhala-Lnly ty'es< in the /ay that the &odi government has already got into dog4ghts /ith southern and /estern 6tates 'ushing 8indi on the sly0 (he BJP re'resents the values of a ne/ commercial bourgeois class /hose norms are diBerent from the old elite0 %f it moves1 buy it1 or sell it1 such is the 5uintessential mentality of merchant ca'ital0 (o this backdro' must be added current im'eratives /hich may motivate 'olicy s/itching- % say may because the matter is not settled yet1 last /eeks obtuse BJP visiting delegation not not/ithstanding0 (he BJP and &odi /ill1 obviously1 be asking themselves1 /hat is there in it for us in s/itching 'olicy- /hat is there in not s/itching7 (he case for continuity is stability in (amil :adu and indeed all the non-8indi 'rovinces1 alignment /ith the moral high ground occu'ied by the elite1 conformity /ith the /ell /orked out strategies of the Delhi mandarins1 and association /ith the 96 and the @est /hich have 'retty much decided on regime change in Colombo0 %f the contrary vie/ 'revails1 that is to say if &odi and the BJP 3udge that the 2a3a'akse regime is a going concern /ith many more years of virility to it1 then a decision /ill be made to go against the current described above and engage in 'olicy realignment0 (he China factor1 the Pakistan factor and so on1 are subsidiary footnotes that follo/ only if one determines that the Lankan regime is secure0 6ecure in this conte.t is not 3ust remaining in oJce1 /hich it /ell may after the ne.t election cycle ne.t year1 but strong and stable0 %f the BJP o'ined that this /as so it /ould be making a diBerent call of 3udgement from many Lankan commentators and the @est /ho see a lim'ing regime /ith diminished authority even if it scra'es back into oJce0 &y 3udgement is that this is a cri''led regime /hich may hang on but my vie/ is irrelevant0 %ndias choice /ill be kno/n soon0 Posted by Thavam
John William Dunn v. Raymond J. Colleran (Acting Superintendent) The Attorney General of The State of Pennsylvania The District Attorney of Allentown, Pa, 247 F.3d 450, 3rd Cir. (2001)