Online edition of Daily News

The late Justice Sarath Ambepitiya was a courageous Judicial officer who sacrificed his life in the course of discharging his duties as a fearless and upright judge in Sri Lanka's judiciary, said President Chandrika Bandaranaike Kumaratunga in a message to Vajira Ambepitiya, widow of the late Justice Ambepitiya.

The President's message yesterday read at the funeral by Justice Minister John Seneviratne stated that the demise of Justice Ambepitiya was a blow to the independence of the judiciary. Members of the Judiciary could not be intimidated by cowardly acts of this nature.

Prime Minister Mahinda Rajapakse, Chief Justice Sarath N. Silva, PC, Attorney General K.C. Kamalasabeyson PC, K. Balapatabendi, PC, President, Court of Appeal Justice Saleem Marsoof, PC, Minister John Seneviratne, Bar Association President Iqram Mohamed PC, Acting President of High Court Judges’ Association Maxwell Perera, JSC Secretary Chandra Jayatilleke accompaniying the hearse carrying the remains. Picture by Ranjith Jayaweera

In her message the President offered her profound and heartfelt condolences to the widow and son of late Justice Ambepitiya and other members of the family.

Thousands of mourners among them Chief Justice Sarath N. Silva PC, and other Judges of the Supreme Court, Judges of the Court of Appeal, and all other members of the Judiciary in the country, Attorney General K. C. Kamalasabeyson PC, Ministers John Seneviratne, Nimal Siripala de Silva, Jeyaraj Fernandopulle, Anura Priyadharshana Yapa, President of the Sri Lanka Bar Association, President's Counsel Iqram Mohamed and the other members of the BASL, Ministry Secretary Suhada Gamlath,Sri Lanka Rupavahini Corporation Chairman M.M. Zuhair, PC, UNP Deputy Leader Karu Jayasuriya and other Opposition members, court staff and the members of the public were gathered at the cemetery under a grey and mournful sky to pay their last respects to one of the most popular and senior judicial officers in the country.

The High Court Judges' Association Secretary Ms. Rohini Perera in her funeral oration said, "it is not my intention here today, to sing the praises in memoriam of our departed colleague, for those praiseworthy qualities of our departed colleague are well etched in our hearts and in our memory. It is to remind ourselves, each of us, that the line between life and death is truly a very thin one."

At this untimely death our departed colleague, left behind for us an invaluable legacy, for dispensing justice without fear, favour or prejudice. The late Justice Ambepitiya always had the commitment to hold the scales of justice evenly and fairly. This legacy shall ever remain the benchmark for future members of our profession to emulate", Judge Rohini Perera added.

The first principle in judging is the maintenance of the Rule of Law. The maintenance of the Rule of Law requires both erudition and fortitude. The judge must both be learned and must be unflinching in the fair and equitable dispensation of Justice. Our departed colleague showed both these traits.

If the day were to come when insidious acts those that we witnessed, on that fateful day of November 19, 2004, were to make the judges of this land lose their nerve, then that will be the day when this land will fall into the grip of anarchy, leading to its social and spiritual decay", the Association Secretary said.

Judge Rohini Perera said Judge Ambepitiya fell a victim to the bullets of cowards who did not have the guts to stand up and fight for their rights. "We as judges of this land must take the lead from our departed friend and colleague, that no bullets of any calibre, knives of any depth. clubs of any weight, shall ever deter us from taking the exalted and well traversed path to do justice for all those who come before us."

"Our heartfelt condolences to the bereaved family, and to invoke all our collective merits to our deaprted brother,' she said.

The funeral of Colombo High Court Judge Sarath Ambepitiya was held yesterday evening at the Borella Cemetery.

The remains of the Judge were brought to the Colombo High Court at 10 a.m. and kept till 3.p.m. for the public to pay last respects.

The Secretary to the High Court Judges' Association, High Court Judge Rohini Perera in a funeral oration said the untimely death of High Court Judge Ambepitiya left an invaluable legacy, for dispensing justice without fear, favour or prejudice.

He always had the commitment to hold the scales of justice evenly and fairly. She said if the day were to come when insidious acts as those that witnessed, on that fateful day of the 19th, were to make the judges of this land lose their nerve, then that will be the day when this land will fall into the grip of anarchy, leading to its social and spiritual decay.

High Court Judge Perera condemning the act by the criminals said that Justice Ambepitiya fell victim to the bullets of cowards who did not have courage to stand up and fight for their rights.

She suggested that the judges should take the lead from Justice Ambepitiya that no bullets of any calibre, knives of any depth, clubs of any weight shall ever deter them from taking the exalted and well traversed path to mete out justice for all those produced before them.

Your Honour!
Themis Goddess
of Justice
With blind folded
eyes
In one arm she
carries the even
scales
And in the other
the sword of
justice
and chastisement
Your Honour!
In your hermit chamber
When you enrobed yourself
You were protected against corroding
breezes
When you sat on the exalted bench
You were possessed by the spirit
Of the Goddess
With the changing climes and colour
Of the political firmament
You never assumed chameleon hues
You are an unchanging sentinel
Like the sphinx in this barren desert
No fixer or influence pedlar dared
Before your fierce aura of
independence
You meted justice without fear
or favour.
Sometimes with puritan fervour
The hand that fired the gun
And the sinister hand that hired
And conspired must be brought to
justice
The last bastion of this civilised State
is under seige by satanic forces
Let your martyrdom inspire
People to rally and man the
barricades
Your Honour! You are a white lotus
In the murky lake of Lanka
You are a judicial hero and an icon
ensconced in legendary martyrdom.

"We salute our colleague Chief High Court Judge Sarath Ambepitiya who made the supreme sacrifice in the name of Justice" read the white banner by the High Court Judges Association hung outside the Court Room number one of the High Court Premises, Colombo, where the remains of High Court Judge Sarath Ambepitiya lay for the legal fraternity to pay their last respects. It was an eloquent testimony to the qualities of a dauntless Judge who sacrificed his life for the cause of Justice .

The body of the late judge was brought to the High Court of Colombo around nine in morning and kept at High Court number one where Judge Ambepitiya had presided for the better part of his judicial career . The body was kept there until 3 in afternoon prior to it being removed for cremation at the General Cemetery, Borella at 4.15 pm.

Among the mourners were Chief Justice Sarath N. Silva and the other Judges of the Supreme Court, the Court of Appeal, High Courts, District Courts, the Magistrates Courts. Lawyers from all parts of the country, court officials from the Registrar down to humblest peon were among the thousands that paid their respects to the late Judge Ambepitiya at Hulftsdorf which was almost his second home.

The Superior Court Complex as well as the other law courts in Hulftsdorf did not function as a mark of respect to the late judge.

President of the Bar Association, President's Counsel Ikram Mohamed told the Daily News that courts, throughout the island were shut to enable lawyers to attend the funeral.

The Bar Association President said that the Association had appointed a committee consisting of top criminal lawyers to ensure that investigations will be consistent and properly conducted. He noted that the point was to expedite investigations as the people tend to forget such incidents easily and comfortably. He said that the Association had appealed to the President, the Attorney General and the Inspector General of Police to expedite an impartial investigation into the incident.

The Legal Officers' Association of the Attorney General's Department condemns unreservedly the gruesome, cowardly and inhuman assassination of High Court Judge Sarah Ambepitiya and the killing of Police Inspector R.A. Upali.

The Association perceives this assassination as a serious attack on the administration of justice of Sri Lanka.

The Association appreciates with a deep sense of gratitude the integrity and impartiality with which the late Honourable Judge performed judicial functions and the most practical and pragmatic approach taken to criminal justice.

The Association calls upon the Inspector General of Police to cause a comprehensive investigation into the entire incident and ensure that the principal perpetrators of this crime and all others who may have been involved in the planning, preparation and the commission of the crime be apprehended and necessary evidential material collected enabling all relevant suspects to be effectively prosecuted and punished.

The Association also invites the Inspector General of Police to ensure that effective security measures be set in place to protect all judicial officers and other officials associated with the administration of justice.

The Association extends its deepest sympathies to the families of the late Judge Sarath Ambepitiya and Police Inspector R.A. Upali.

The JVP has condemned the killing of High Court Judge Sarath Ambepitiya as a criminal act challenging the supremacy of the rule of law and said the untimely demise of Mr. Ambepitiya who delivered correct and bold judgements was a cause of immense grief to all law abiding citizens of this country.

The JVP in a message of condolence issued yesterday further said it had still not been established whether underworld drug dealers or the Tigers were behind this murder. Since Mr. Ambepitiya had given firm judgements in several cases concerning drug racketeers there was reason to believe that an underworld gang had carried out this murder.

However, certain politicos allegedly involved in wrong doings may have entertained fears that cases against them would come up for hearing before Mr. Ambepitiya. Therefore police investigating into the High Court Judge's murder should probe this angle too.

On the whole the intention of Mr. Ambepitiya's killers would have been to create a breakdown of law and order by driving fear into the minds of Judges who took firm decisions against law breakers. The police should therefore act fast to apprehend the killers of Mr. Ambepitiya and bring them to book while enhancing the law enforcement process in this country.

An environment should also be created to enable Judges to take decisions according to law without fear or favour. The JVP in its release has also conveyed its deepest sympathies to the members of Mr. Ambepitiya's family and their relatives in their hour of grief.

Minister of Industries, Investment Promotion and Tourism Anura Bandaranaike, in a message of condolence on the demise of High Court Judge Sarath Ambepitiya stated that respect for the law and abiding by the accepted legal framework are prerequisites for a civilized society. The scars caused by law breaking individuals and groups bring forth tremendous consequences upon civilization, it said.

He vehemently condemned the assassination with disgust and emphasised his anxiety to prevent crimes and solve the North East problem. Criminals who commit illegal and undemocratic offenses are pests in the society.

Annihilation of crimes is not a task the police can accomplish alone. Drastic measures should be taken against politicians who shield criminals who are up to illegal activities, the message stated.

The late Sarath Ambepitiya was a judge who adjudicated correctly, impartially and fearlessly. These phenomena were glaring in his judgements throughout his period of service.

I convey my heartfelt sorrow to his wife, his child and all family members who are bereaved by his demise. May he attain the bliss of Nibbana, said the message of condolence.

The news of the brutal murder of the High Court Judge Sarath Ambepitya on November 19 brought shock and horror to all the law abiding citizens and in particular to all the professionals in this country. The Organisation of Professional Associations of Sri Lanka unreservedly condemns this brutal murder that took away the life of a brave and upright member of our Judiciary.

This act no doubt has been perpetrated as revenge to a judgement already delivered or to pre-empt the normal course of justice taking place in a future case.

Further this murder gives with no uncertainty an ominous message to the judiciary and the people at large that justice and law and order can be usurped and pre-empted by a handful of criminal elements of this country. Only a prompt and complete investigation of this murder and an intense of the reason for the collapse of the law and order and immediate corrective actions will stem the slide to a lawless society.

The OPA firmly requests the relevant authorities to take urgent and meaningful action to arrest this trend and to give the highest priority to bring to book the perpetrators of this brutal murder.

We also through this murder, see the serious threat to the judiciary of this country and urge the authorities to ensure that the judicial Officers are well protected and sufficient security is given to them and their families. The OPA stands firmly behind the judiciary of this country.

On behalf of the professionals of this country the OPA extends its deepest sympathies to Mrs. Ambepitya and other members of the family.

We also extend our sympathies to the family of the Security Officer Mr. Upali Bandara who laid his life while performing his duties.