Remembering H. L. de Silva P.C. :

Strict adherence to professional ethics

A. A. de Silva, P.C.

This giant in the Law, who passed away on April 6, 2009, began his Law practice after graduating from the Faculty of Law. Within a short period of practice, in the 1950s, on the invitation of the Attorney General he joined the Attorney General's Department as a Crown Counsel and continued to be there till 1970, when he reverted to private practice.

Civil litigation

I have had the privilege, while being a Junior Colleague of his in the Department of the Attorney General, of having his Counsel and advice before going into Court; on behalf of the Attorney General in Civil litigation and also when tendering advice and giving instructions to Government Departments, which institutions frequently sought the advice of the Attorney General. I recall with gratitude, the willingness and promptitude, with which he obliged me and other Crown Counsel in the early 1960s.

Clients

H. L. de Silva, with his in-depth knowledge of the Law and near unrivalled eminence in several branches of the Law, coupled with his highly persuasive and effective advocacy, won for himself and his clients, victories in many Court battles concerning issues which were of crucial importance to the general public.

On many occasions, he by his amazing demonstration of counter intuitive logic had been able to demolish his opponents' case.

Instances of such triumphs in Court are too numerous to be mentioned in this short reference. But nonetheless it is necessary to refer to his stunning victory in the Court of Appeal - Writ of Prohibition Application No. 1/1978 when an attempt was made by the Government in power with an unprecedented - 5/6th majority in Parliament to deprive the former two-term Prime Minister, Sirimavo Bandaranaike of her civic rights.

H. L. de Silva was at his brilliant best when he persuaded the Court of Appeal to issue a Writ prohibiting the said attempt. But almost immediately after the Judicial Verdict, the Government by a Special Law Act No. 4 of 1978 nullified the Judgement of the Court of Appeal.

Legal profession

While the role played by H. L. De Silva as pre-eminent Counsel and Jurist remains a matter of pride to the legal profession which is grateful for his contribution to the development of the Law, it is also a matter acknowledged by most members of the profession that his erudite legal submissions and skilful arguments enabled and assisted the Judges to interpret the law away from a rigid and conservative stand point.

Apart from his distinct contribution in the field of Law, he also played an equally important role as an outstanding public thinker of our country during a period of quarter century which aspect of his career needs greater recognition and appreciation.

Constitutional law

He was fully equipped for this task by his extensive research and reading on many subjects and disciplines including constitutional law, legal theory, philosophy, religion, politics and economics.

Above all, what was foremost in his thinking was what type and kind of government that suited this small Island nation located at the Southern tip of the sub continent of India.

Debates

H. L. de Silva freely and openly took part in the debates and discussions regarding the constitutional nature of the Government that best suited for Sri Lanka, and he fearlessly and emphatically pointed out the dangers in a federal system of government.

Despite his strong views on the constitutional and political system that he favoured most for the country, his professional integrity and strict adherence to professional ethics was such that he declined to appear when he was invited to oppose, in the Supreme Court, the passage of laws proposed by the then government leading to the enactment of the 13th amendment to the Constitution.

This decision, he took mainly because he was a senior member of the government delegation that took part in the Thimpu Talks.

H. L. de Silva was a highly private individual.

He was at the same time a humane and gentle person. To strike a personal note, I recollect with grateful appreciation, that when he was the country's top diplomat at the United Nations, in New York, in the mid 1990s, he and his beloved wife, Manel gave parental guidance to my daughter who at that time was engaged in her doctoral studies at Harvard Law School.

Tribute

When the Bar felicitated him at a public dinner in 2003, on his completing half a century in the legal profession, is a rare tribute to a professional man, the Heads of the three branches of Government, namely: Chandrika Kumaratunga, the President, the Head of the Executive; Ranil Wickremesinghe, the Prime Minister, the Head of the Legislature; and Sarath N. Silva, P.C., the Chief Justice, the Head of the Judiciary on one and the same occasion paid glowing tributes to this eminent professional who had maintained throughout the highest standards, of his calling.