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| Monday, 4 August 2003 |
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by Sarath Malalasekera "We pay our respects to the cherished memory of three distinguished Judges of the Court of Appeal who passed away recently. Justice Tudor de Alwis, Justice K. Palakidnar and Justice Ananda C. Grero were eminent Judges who had made great contributions to the case law of our country during the period that they served as Judges of the Court of Appeal. They shared many factors in common, said Attorney General K.C. Kamalasabeyson PC in his reference at the special sitting of the Court of Appeal to make references in honour of the late three Judges who had been members of the Court. Court of Appeal President Shirani Thilakerwardena presided over the special sitting with other Judges of the Court of Appeal. The Attorney General said that they were career Judges and served as Magistrates, District Judges and High Court Judges in many parts of the island, before they were appointed Judges of the Court of Appeal; they enjoyed the reputation as excellent trial Court Judges and their judgements were rarely interfered with by the Appellate Courts. They were also courteous to the members of the Bar and the litigants, who brought their grievances to their Courts and without exception, ensured that both the Counsel and the litigants ultimately had the satisfaction that justice was done. As practical men of the world, their Lordships were always devoted to the cause of justice and applied the principles of law in such manner so as to ensure that it was justice that prevailed at the end. Justice Tudor de Alwis enjoyed the reputation as one who had the capacity to make an assessment of the strength or weakness of the case and of the legal issues involved at a fairly early stage. The rate of disposal in His Lordship's Court, be it original or the appellate, was always high. But His Lordship was never reluctant to bring the parties together in order to resolve disputes which would have otherwise resulted in protracted litigation. His Lordship as a High Court Judge concluded a large number of sensational trials and it was always a pleasure and a remarkable experience for a Counsel to appear before him. His Lordship Justice Tudor de Alwis upon retirement served as a legal consultant at the Central Bank where he made tremendous contribution in the field of monetary law. Justice Palakidnar served as a Magistrate at Ratnapura and in the Jaffna District and thereafter functioned as the District Judge of Chavakachcheri and Jaffna. As a High Court Judge His Lordship served in Negombo, Chilaw, Batticaloa and Trincomalee and also functioned as President of the Judicial Service Association, an appointment which refleced his acceptance and popularity amongst the other Judges of this country. His Lordship was appointed as a Judge of the Court of Appeal in 1987 and functioned as the President of this Court, before his retirement. As the Judge of the Court of Appeal his Lordship took meaningful steps to tackle the backlog of cases and set the pace for his successors to continue with this daunting task. He displayed a profound knowledge of the different areas of law and was known for his masterly analysis of both the facts and the law. His devotion to religion was often seen in the manner in which he discharged his functions as a Judge.Upon his retirement His Lordship took an active interest in both religious and social activities. In fact it was whilst addressing distinguished gathering that his Lordship suffered a heart attack and passed away in the presence of his numerous friends and admirers. Justice Ananda Grero who hailed from Matara was enrolled as an Advocate in 1962. He was an active law student and a Sinhalese scholar. He commenced his judicial career in 1971 and having served in several parts of the country was appointed a Judge of the Court of Appeal in 1991. Justice Grero was a devout Buddhist and obtained a Master of Arts Degree in Buddhist Philosophy and thereafter was awarded a Phd by the University of Sri Jayawardenepura. He authored several law books both in Sinhala and English languages and was a regular contributor to the newspapers on legal subjects. He was awarded the Esmond Wickremasinghe Award for Journalist of the Year 1989/1990. Upon his retirement Justice Grero served as a legal consultant at the Ministry of Defence. Till his untimely death he continued to write on both law and religion. The qualities and the capability possessed by their Lordships De Alwis, Palakidnar and Grero are difficult to replace. They were men of formidable intellectual power and personal charm. To their families the Bar of this country offers its sincere condolences. May it please the President, to direct the Registrar of this Court to forward to the families of their Lordships the minutes of these proceedings, so that the knowledge that we too share their grief, may, given in some small measure, help alleviate their sorrow. |
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