Birth anniversary today :

Justice Nagalingam - first Tamil Supreme Court judge

Jaffna has produced three families whose combined talents remain unrivalled in Sri Lanka’s (Ceylon) genealogical records. If the Ponnambalam Mudaliyar’s children Sir Ponnambalam Ramanathan and Sir Ponnambalam Arunachalam represented the highwater mark of Tamil achievement in the field of politics, culture and statesmanship, Fr Peter Pillai’s brothers reared in the Christian tradition rose to the highest heights attainable in the service of religion. Likewise, Lingam brothers Dr Chellappah Panchalingam, C Nagalingam (Acting Chief Justice), C Suntheralingam, (CCS, ICS, Mathematician, Tutor to Queen Elizabeth), C Thiagalingam (QC) and C Amirthalingam (CCS) Director of Fisheries excelled in their respective professions.

Chellappah Nagalingam (KC) who was acting Attorney-General, acting Legal Secretary was appointed as Supreme Court Judge in 1947. In fact, he was born on October 25, 1893 and received his education at Royal College when Hartley was the Principal.

Legal education

He distinguished himself both in studies and sports and won the De Soysa Science Prize. From there he went to the Law College qualified as Advocate of the Supreme Court in 1917 topping the list in the final examination. He also gained the distinction of being the first to pass the Law intermediate and final together. He practised in Colombo till 1937.

The following year he was called to the Bench as additional District Judge of Colombo. He was subsequently District Judge of Kandy, acting Attorney-General, acting Legal Secretary and acting Puisne Judge. In 1947, he was confirmed as Supreme Court Judge and became (King’s Counsel) in 1946.

Further, he was Chairman of the Civil Courts Commission in 1950, a member of the Council of Legal Education and a Senior Member of the Judicial Service Commission. Indeed, Nagalingam was the first Tamil Supreme Court Judge and acting Chief Justice.

In the short span of life that was allotted to him Nagalingam had crowded almost every achievement that ambition could covet in the Legal profession. He had the benefit of a large and lucrative practice which enabled him to secure the good things of life in abundant measure.

Civil Courts Commission

At a comparatively young age he was appointed to a place on the Colombo District Court Bench which was in those days a coveted prize in the legal profession. He had probably a sense of disappointment that late Sir Sidney Abrahams has successfully persuaded him to abandon the silk gown for the comparative security of a judicial career.

When some of his Juniors in the Legal professions were awarded silk the sense of disappointment must have become poignant. But, he had not long to wait for his reward. In one stride he reached the headship of the Bar when he was appointed to act as Attorney-General with the gift of the silk gown in his pocket.

He then became the head of the administration of justice with the place on the Board of Ministers when he was appointed to act as Legal Secretary. He entered the old State Council with ministerial status as one of the three officers of the state.

Hindu Educational Society

On the death of Dr R F Dias, he was appointed as Senior Supreme Court Judge and acted with distinction on more than one occasion as Chief Justice. It was also his privilege to be an occupant of Queen’s House for a short period in 1954. Nagalingam’s work was not confined merely to the Bench and Bar. As the Chairman of the Civil Courts Commission he produced a monumental work which owing to the characteristic governmental capacity for shelving things is now only adorning the government pigeon holes.

He represented Ceylon at the first Law Convention held in Australia and won tributes from Earl Jowitt at the convention. He spent his retirement in the cause of education and religion. He was the Founder President of the Colombo Hindu College and President of the Hindu Educational Society.

If genius consists of talents and eccentricities, Nagalingam had more of the talents and less of the eccentricities. Justice Nagalingam certainly showed conspicuous talents. He ascended the ladder of success by sheer merit. As a Lawyer, his opponents feared his subtle mind - nobody could guess his next move. When he began to lick his upper lip, one knew that his thinking apparatus was dangerously in action. As judge the ablest practitioners respected his ability. It was a delight to watch the mental manoeuvre when H V was Counsel and Nagalingam was the Judge.

Salaries Commission

Nagalingam was a man of few words. He thought furiously, but said little. But, he always had a kind word for his juniors and his subordinates.

Furthermore, one day he was presiding over the District Court of Kandy. Appearing before him were his two younger brothers Suntheralingam and Queen’s Counsel Thiagalingam.

While the arguments were in progress, it was discovered that the vital document was missing. With that puckish sense of human, he directed only at his brothers, he said he would adjourn the court and suggested in whisper that the coat pocket of his brother so and so be searched. The document was ultimately found on the judge’s table. Once, much earlier Nagalingam and Thiagalingam were appearing on the opposite sides before a young judge. Thiagalingam, now the most Senior QC in practice, was even then, like his elder brother, a master of the technique of the original courts. Suddenly like a bolt from the blues, the younger Lingam roared, “Don’t bark like a dog”.

To this, his elder brother thundered, “Don’t whine like a cur.” In fact, a junior lawyer who was assisting the elder brother and who was apparently deriving much amusement quickly told his senior “Sir, it seems common ground that there is a canine, blood in the family.

Those who knew Justice Nagalingam intimately held the view that he never had any bitterness or ill-feeling in his head towards anyone even though he was denied the opportunity to become the first Tamil Chief Justice of Sri Lanka (Ceylon), when he was asked to chair the Salaries Commission after his retirement, he willingly accepted offers, but he was prevented from doing any work as it due to his failing health and death a few months later. Indeed, the pages of the New Law Reports bear ample testimony to his deep Legal erudition. Generations of lawyers and judges will remember him as a great and able judge.

Undoubtedly, no field of human endeavour was left untouched by the amplitude of his imagination, encompassing sweep of his thought and felicity of his words. In fact, he rose above narrow parochialism, regionalism and communalism and was held in high esteem not only by the lawyers and judges, but even by the people of different communities and denominations.

Chelvathamby Maniccavasagar