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| Thursday, 31 July 2003 |
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by Sarath Malalasekera The Court of Appeal yesterday held a special sitting to make references in honour of three late Judges who had been members of the Court. They are Justice Tudor de Alwis, Justice Ananda Grero and Justice K. Palakidner. The Bench and the Bar paid tribute to the three late Judges at the special sitting. Associated on the Bench with Court of Appeal President Justice Shirani Thilakawardena on the occasion were Justices N.K. Udalagama, Raja Fernando, Nimal Gamini Amaratunge, Andrew M. Somawansa, G.W. Edirisuriya, D. Jagath de S. Balapatabendi, P. Wijayaratne and K. Sripavan. Colombo High Court Judges Eric Basnayake, Ms. Deepali Wijesundera, S.I. Imam and Sri Skandarajah, Colombo District Judge Ms. Malini Gunaratne and the Colombo Additional District Judges, Colombo Chief Magistrate and Additional District Judge A.A.R. Heiyanthuduwa and Colombo Additional Magistrates were accommodated on the dais. Registrar of the Court of Appeal Ms. M.M. Jayasekera, Additional Registrars S. Pinnaduwa and Ms. M.K. Dissanayake officiated. Former Judges of the Supreme Court, the Court of Appeal and the family members and close relatives of the three late Judges were also present. The Attorney General K.C. Kamalasabeyson PC and President of the Sri Lanka Bar Association (BASL) Ananda Wijesekera PC also spoke. Court of Appeal President Justice Shirani Thilakawardena in her reference said that: "The late Justice Tudor de Alwis was accepted as an eminent, hardworking and distinguished Judge of this Court who contributed greatly to the strength of the Judiciary especially at a time when our nation was in turbulence due to civil unrest. An outstanding student of St. John's College, Panadura, he excelled in the classics and in Mathematics, indeed a rare combination. He was an active student who contributed with rare distinction in the field of sports as well as the academic curriculum of the school. He had an acclaimed career at the University of Ceylon, and after graduation was enroled as an Advocate of the Supreme Court of Ceylon in 1951. A short but very successful private practice at the Bar speedily built him an extremely lucrative practice in Civil Law in the Courts of Kaltuara and Panadura. However he accepted the invitation to join the Judiciary and worked as a Magistrate, District Judge and a High Court Judge, serving in different parts of the island with ease and deep commitment. He was one of the Judges who sincerely enjoyed working in the outstation, and because of his versatility and love for wild life and nature he enjoyed serving in the outstations and often spoke with nostalgia of pleasant and enjoyable times, and the deep and lasting friendships he had acquired over the passage of time. As a Judge of the High Court, he served with singular act distinction, presiding with equanimity in the cases under the Prevention of Terrorism, Trial-at-Bar and Election Petitions Cases, where his perceptive mind would, with admirable alacrity, isolate the important issues and then would with equal ease see through unfounded or untenable arguments. He strived to do justice according to the law to which he was so devoted. He studied the law, mastered the facts and then demanded every argument by the lawyers. "I recall the echo of his words, "If a person has a just cause the law must be with him (or her I might add) otherwise it is no law. I believe that technicalities should never stand in the way of the proper dispensation of Justice", the Court of Appeal President said." Justice Ananda Grero was one of the most distinguished old boys of St. Servatious College, Matara. After his SSC he entered Law College and passed out as a proctor in 1962. In Law College he distinguished himself in oratory, winning the K.D. De Silva Gold Medal for his address to the Jury in Sinhala and was one of the early Presidents of the Sinhala Union of Law College. He joined the Bar in Matara and had a successful career as a Civil and Criminal practitioner until he joined the Judiciary. He became a District Judge, Family Court Judge, High Court Judge and was elevated as an Appellate Court Judge. He was a champion of democracy who believed that people had legal duties and that the Judiciary existed to safeguard the liberties of the citizens against any invasion of such liberties by either a fellow citizen or by the State. Justice Grero was also author and journalist. As a journalist he wrote columns in the Sunday Observer and Sinhala Silumina to "Law and You" and "You be the Judge" were some of such feature articles. This won him the coveted Esmond Wickremasinghe Award for Journalism. His book included selected legal essays, and culpably homicide, proof and defence and other such works. He wrote with dexterity in both Sinhala and English and also authored several novels, novels which illustrated his love for humanity and his deep sense of commitment to a good and moral life having a deep belief in the principals expounded in Buddhism, which was the foundation of his life and which he shined to adhere to. He obtained his MA from the University of Kelaniya. His thesis was on Vinaya in the light of moral, legal philosophy. He was also a dramatist and unusual characteristic for a judge, but which supplemented his literary works, and culminated in his winning the Ruhuna Prathiba Award for Literature. After his retirement he worked as a consultant to the Ministry of Defence, where he discharged his duty without fear or favour. His sudden death of a heart attack brought much distraught to his only life long love, his wife Srima who is still trying to manage, in the abyss of loneliness that he left behind. The Court of Appeal President said Justice K. Palakidner was a versatile Judge, who had the rare distinction of attending three schools of diverse denomination, Anuruddha College, Hindu College and St. Joseph's College. He was actively involved and excelled himself in drama and debating winning the G.G. Ponnambalam Challegne Cup for the all Island Tamil Oratory Contest. He also graduated in arts from the University of Ceylon in 1952. Having passed out of Law College, he practiced in the unofficial bar briefly and joined as a Magistrate and was made a District Judge after a few years serving in areas like Jaffna and Chavakachcheri. He served as an effective High Court Judge and was made a Judge of the Court of Appeal in 1987 and subsequently became the President of the Court of Appeal. He always commented that he missed the verve and vitality of the original trial courts! He had an agile and receptive mind and yet enjoyed a relaxed and social environment. He was an active speaker in Hinduism and his death was swift and sudden, whilst he was addressing a gathering on his favourite topic, much to the sorrow of his devoted wife and children. His wife Lakshmi Devi is a renowned vocalist and expert as Karnataka music winning the Kalabushana Award. He was an active participant in the work of the Judicial Service Association and had a strong commitment to the independence of the Judiciary, believing and acting on the motto that "Truth cannot be changed even in the face of total destruction". In his eloquent address to the Bar and Bench at the ceremonial sitting accorded to him at his elevation as the President of the Court of Appeal, he said",.... one could identify the personal fact of the Trial Judge himself in seeking the cause of delayed justice, to allow a case to proceed to its listless and weary conclusion, when in fact the actual point of dispute has been located and the direction of justice has become patent, is a futile exercise which contributes in no small measure to delay in the disposal of cases. In such cases and indeed in all cases the initiative of the Judge would go a great way to attain speedy justice. Towards this end the Judge has to be alert and fully involved at all moments of time in the trial" wise and practical words to the fraternity of judges! The CA President directed the Registrar to take all step to have the copy of these proceedings to be forwarded to their families. |
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