Justices who left indelible marks

Sarath Malalasekera

'We remember with affection and pay homage to the following outstanding gentlemen, who have contributed immensely and have left an indelible mark in our legal system, they are Justice EAD Athukorale, Justice KMMB Kulatunga, Justice M Jameel, Justice Mark Fernando PC, Justice P Ramanathan, Justice Theodore Albert de Silva Wijesundera, Justice Raja Fernando and Justice Wilmot Dias Gunasekera.

Late President's Counsel HL de Silva, President's Counsel Desmond Fernando, President's Counsel Tyronne Fernando, President's Counsel ALM Hashim, President's Counsel M Kanagasunderam, President's Counsel A.K. Premadasa and President's Counsel AM Marleen.

These great gentlemen were all commanding personalities, in their chosen field and won the respect and affection of the Bar, said Attorney General, President's Counsel Mohan Pieris at a ceremonial sitting held at the Supreme Court complex recently.

Their lives were full of achievement and indeed inspiring. Our Law Reports afford an enduring record of their learning and their tireless industry in work, but at a time like this, one remembers them as men who contributed and worked tirelessly towards the well being of society, through their contributions in their chosen sphere, within the legal system of this country said, Attorney General.

Their's were multi faceted lives that impress us with the purity, the independence and the great learning that has characterized the administration of justice in this country.

Indelible mark

Justice Mark Damien Hugh Fernando PC - graced the Bench of the Court, from March 1988 until his premature retirement in 2005.

Undoubtedly, his independent and jurisprudentially sound judgements during his long tenure at the apex court, has left an indelible mark in the annals of the judiciary.

Justice Mark Fernando was born to a family with long judicial tradition. His father was a former Chief Justice H.N.G. Fernando and his grandfather VM Fernando, was Pusine Justice.

He had a brilliant academic career started at St. Joseph's College Colombo 12. His career at the University of Ceylon was filled with equal distinction, where he obtained a Bachelor of Laws degree with first class honours.

Justice Mark Fernando took his oaths as an Advocate of the Supreme Court in July 1963. He served in the chambers of Queen's Counsel Noel Gratien and Queen's Counsel H.W.Jayewardene. He also practised before the Judicial Committee of the Privy Council. He was a Legal Adviser to the Prliamentary Select Committee on the Revision of the Constitution that was in January 1978.

Justice Mark Fernando was a man who devoted himself entirely to the principles of law, trying to elucidate them and apply the rules to the needs of a progressive society.

Justice Raja Fernando - who was a serving member of the Bench of this Court at the time of his passing away.

He was also serving as the President of the Special Court of Sierra Leone appointed by the United Nations and the Government of Sierra Leone, at the time of his demise.

Justice Raja Fernando commenced his legal career at the Attorney General's Department and rose to be a Senior State Counsel;, prior to his appointment as a High Court Judge in 1992.

He served as the Judge Advocate of the Sri Lanka Navy during his tenure at the Attorney General's Department. He had also served as the Director of Public Prosecutions in Belize.

Justice Raja Fernando served the judiciry with great distinction, competence and efficiency and always with complete modesty.

Justice KMMB Kulatunga - who after obtaining LLB with honours from the University of Ceylon was called to the bar in 1957. He served in the Chambers of Queen's Counsel Vernon Wijetunga and after a brief stint at the Kegalle Bar, joined the Attorney General's Department as Crown Counsel.

In 1973 he was appointed Senior State Counsel and rose to be Deputy Solicitor General in 1975, Additional Solicitor General in 1978 and Solicitor General in 1982, He was also appointed Acting Attorney General.

Meticulous

He functioned as a lecturer and examiner at the Sri Lanka Law College for seeral years. He was conferred the dignity of silk and was thereafter elevated as a Judge of the Court.

Justice Kulatunga was always fearless in the discharge of his duties.

The career of Justice Kulatunga has been essentially that of a self made man who fought his way to the top through the sheer hard work and meticulous preparation.

Justice P. Ramanathan - was the remaining relic of the Ramanathan legacy up to the threshold of the century. He belongs to a well-known family. His great ganrdfather was Sir Ponnambalam Ramanathan, Solicitor General, King's Counsel and distinguished member of the Legislative Council.

His great grand uncle was Sir Ponnambalam Arunachalam, the first Ceylonese to enter the Ceylon Civil Service.

Justice P. Ramanathan was enrolled as a member of Honourable Society of Gray's Inn, and having been called to the Bar of England and Wales returned to ceylon and practised for a short time at the private Bar.

He was invited to join the Attorney General's Department as a Crown Counsel. Later he was elevated to the Bench as a High Court Judge and served in numerous and distant parts of the country.

Essential attributes

Justice Ramanathan served as President of the Court of Appeal and finally adorned the Bench of Supreme Court of Sri Lanka. He was conferred the litle Deshamanya and was also Governor of the Western Province, Chancellor of the University of Uva-Wellassa, Member of the Permanent Court of Arbitration at the Hague, Chairman of the Human Rights Commission of Sri Lanka, were also a few of the many honours that were conferred upon him.

Justice Ramanathan possessed in ample measure the essential attributes of a good Judge, namely, impartiality, integrity and a strong sense of Justice and fairness.

He certainly measured up to the Roman ideal, -"Honeste vivere neminem laedere." (I have lived honourably, I have nenver harmed anyone).

Justice WD Gunasekera - Having completed a glorious academic career at Richmond College, Galle, Wilmot Dias Guasekera entered the Ceylon University College.

He obtained a Bachelor of Laws Degree from the Universuty of London and thereafter entered the Ceylon Law College.

Consequently upon being called to the Bar in 1946, he served in the chambers of Queen's Counsel NE Weerasooria and soon built up a large and lucrative practice of his own in the Appeal Courts.

The Law Reports of that era bear ample testimony of the contribution he made towards the development of law in Civil Appeals of the time. Justice Gunasekera took his seat on the Bench of the Supreme Court in 1974. His deep knowledge of the law and his extremely charming manners endeared him to the Bench and the Bar. Despite his busy practice he took time towards legal education and functioned as a Lectures and examiner at the Sri Lanka Law College for many years.

Justice EAD Atukorale - After excelling in studies and sports at Ananda College, Ebetota Atukoralage Dharmasena Atukorale that entered the Ceylon Law College and was called to the Bar in 1949. He served in the chambers of Queen's Counsel and practised in the Civl Courts in many parts of the country.

Great distinction

He was appointed to the Court of Appeal in 1982 and as President of the Court of Appeal in 1984. Justice Atukorale was elevated to the Supreme Court where he functioned with great distinction.

The many judgements where Justice Atukorale was a member bear ample testimony to his contribution towards the legal literature of this country.

Justice Theodore Albert de Silva Wijesundera - an old boy of Nalanda College, Colombo and Dharmasoka College, Ambalangoda, obtained a Bachelor of Science (Special) (Bsc) degree from the London University. He was called to the Bar in 1945 and joined the Attorney General's Department in 1950 as an Acting Crown Counsel.

He was appointed as a Crown Counsel in 1951, from 1957 to 1958 he served as a Legal Assistant to local Government and Cultural Affairs Ministry on secondment. He was later appointed to the Supreme Court.

Justice Wijesundera after his retirement was appointed as Chairman of the first Commission on Bribery and Corruption. Two of his daughters High Court Judges Deepali and Menaka have followed in their fathers footsteps.

Justice M. Jameel - after his early education at Trinty College Kandy, Justice Jameel obtained a BSc from University of Ceylon. He thereafter entered the Ceylon Law College and was called to the Bar in 1950.

After a short stint of practice at the Kandy Bar, he joined the judiciary in 1960 as a Magistrate.

In 1987 he was elevated to the Court of Appeal and thereafter in 1988 to the Supreme Court. He was well versed in the law and had a deep knowledge of Islamic jurisprudence.

Justice Jameel did a great deal for the development of the Muslim community. He had the honour of being a member of the Constitutional Council and was also appointed as Ambassador in the UAE.