Ceremonial sitting to welcome Chief Justice Asoka de Silva:

CJ epitomises passion for pursuit of justice

SARATH MALALASEKERA

The Bar Association of Sri Lanka (BASL) rejoices at the elevation of Justice Joseph Asoka Nihal de Silva as the Chief Justice of our country. We are conscious that Justice Asoka de Silva’s elevation is a culmination of a long and distinguished career as Counsel and a Judge.

Justice Asoka de Silva epitomizes the synthesis of experience, erudition and a passion for the pursuit of justice, said Bar Association President W. Dayaratne at the ceremonial sitting held to welcome the new Chief Justice Asoka de Silva at the Supreme Court Complex recently.

The New Chief Justice is a distinguished product of St. Anthony’s College Katugastota where Chief Justice Asoka de Silva was a brilliant student and a versatile sportsman. His appointment as a school prefect was an early recognition of abilities of leadership, the BASL President said.

The new Chief Justice entered the University of Colombo and successfully read for a Bachelor’s Degree in Law in the year 1971. Upon completion of Chief Justice’s professional studies at the Sri Lanka Law College, he later enrolled and admitted as an Advocate of this august court and be adorned as a Judge and Chief Justice, the BASL President said.

It was during long and successful tenure of office in the Attorney General’s Department, spanning a period of more than two decades, that Chief Justice’s career truly blossomed and hard work, knowledge, ability and competence came to be recognised and acknowledged both by the Bench and Bar.

The Chief Justice’s experience in the Department was wide and varied, appeared in both Civil and Criminal cases, both in the original as well as appellate courts, with equal ease.

The esteem in which the Chief Justice’s held was evidence with the then Attorney General entrusted when then Attorney General call upon to be in-charge of the establishment of the Corporation division of the Department. Under the Chief Justice’s stewardship the Department entered the arena of corporate litigation.

As Counsel presented the issues in court with clarity and erudition, contribution went beyond forensic skill, advice was sought by the Government, various Government Departments and statutory bodies. The advice covered various diverse subjects of law. The advice, as always, was objective and scrupulously fair.

Despite being a busy counsel and the rendering of legal advice to the State, you found time to engage in postgraduate studies.

Here too your versatility was reflected, the Chief Justice obtained a Master’s Degree in Administrative Law from the University of Colombo and a Post graduate Diploma in Criminology from the University of Illinois in the United States of America.

In addition, Chief Justice Asoka de Silva has specialised in Environmental Law, has been a Member of the National Task Force set up to formulate the National Environmental Policy, study of the legal aspects of environmental resource management, and work as a Legal Consultant to the Central Environmental Authority, is no doubt as source of strength to this court. Even more so as cases pertaining to Environmental Law are now increasingly coming up before the Appellate Courts.

New Chief Justice has also contributed to legal education in this country, has been a lecturer in Constitutional and Administrative Law and an Examiner at the Sri Lanka Law College, also served as an external examiner at the Faculty of Law, University of Ceylon and a visiting lecturer at the Postgraduate Institute of University of Sri Jayawardenepura.

Chief Justice had travelled widely and participated in several international conferences covering a very broad spectrum of the law.

These include, a seminar in Jakarta on ‘International Trade Law’ in the year 1996, a seminar on ‘International Refugee Law’ in Geneva in 1998 and in New Delhi in 2000. Participating Commonwealth Law Conference in Bangalore in 2001 and also in Lahore, Pakistan in the same year.

Chief Justice played an important and positive role in the administration of justice in the Court of Appeal, enriched the quality of that court with your erudition and commitment to justice.

During the tenure of office in the Court of Appeal, Justice Asoka de Silva commanded the respect and admiration of the Bar and the public. Many are the occasions when you handed down very well reasoned and the learned judgements on complex legal issues.

This was particularly, in the fields of Administrative Law and Criminal Law, clarity of thinking, sterling sense of independence and judicial temperament have won for you the regard and respect of the Bench and the Bar.

Engaged counsel only when necessary, interventions were never flamboyant and are indulged in with the same courtesy, whether the counsel be senior or junior.

In December 2004, Chief Justice was appointed as a Judge of the International Criminal Court for Rwanda by the then Secretary General of the United Nations, Kofi Annan.

Chief Justice brings to this court not only wide and varied experience, but the reputation that enjoys as a judge with a sense of justice and fair play, a perfect judicial temperament and a wide ranging knowledge of the law.

The Chief Justice has made judgements in the Court of Appeal and in the Supreme Court bear ample testimony of these qualities. It is no exaggeration to say that you have made vital contributions to the legal literature of the Court of Appeal and the Supreme Court by your judgements, particularly in the field of Public Law.

Therefore Justice Asoka de Silva is equipped in every way to function as the Chief Justice of this country. The Bar Association will do its utmost to protect the independence of the judiciary and to ensure that the Rule of Law prevails.

“We Sri Lankans are heirs to all the four major religions of the world. The Buddha in his teachings enjoined that one should wish happiness for all beings. This represents the essence of all religions. These values have always inspired Chief Justice and will no doubt continue to administer justice without fear and favour. In this exercise may you be blessed in every way.”