Justice Sivasubramaniam maintained a high degree of judicial statesmanship

Chelvatamby Maniccavasagar

The 104th birth anniversary of Justice V. Sivasubramaniam was on March 14, 2012. It is very often said that "a great Judge must be a man with a spark of greatness to start with, his job is the applied practice of wisdom and justice and these may not be borrowed from any of the calf bound books but must spring from the man himself," so said a former Attorney General and later Chief Justice of Sri Lanka.

Justice Sivasubramaniam who passed away at the age of 77 was a towering figure whose name will be written large in the annals of Sri Lanka's judicial history. His profound scholarship, his brilliant record as a Supreme Court judge and his significant service in the spheres of legal, judicial, social and religious and above all his high moral character marked him out as one of the greatest Lankans of modern times. Justice Sivasubramaniam was in every sense of the term a Himalayan personality-lofty, serene and unshakeable.

Judicial career

In fact, former Chief Justice and the highly respected personality of the calibre of late 'Deshamanya' S. Sharvananda at the ceremonial sitting of the court to make reference to Justice Sivasubramaniam's death said that "the secret of his success as a good judge was that he was deeply religious. He practised what he preached and discharged his duties without fear or favour, guided by the philosophy and teaching of the Bhagavad Gita. He was truly a great Hindu gentleman wishing well of others, harbouring no ill-will and offensive to none.

He was a remarkable man who genuinely believed that the Seat of Justice was a place for the performance of a divine function, who strove to discharge his duties with humility, without any trace of arrogance. Further, his face was always lit with a smile, deep piety, integrity of character, independence of mind, devotion to duty and courage of conviction which earned the respect of all who came in contact with him.

During a period of about 30 years of his judicial career, he occupied almost every office in the judicial sphere. He displayed extraordinary patience and understanding as a judicial officer. Even the former judge of the Supreme Court of Sri Lanka and judge of the International Court of Justice C. G. Weeramantry once said that "Justice Sivasubramaniam was the symbol of judicial virtues, impartiality, independence, scholarship, industry, courtesy, firmness and above all, a deep sense of justice. Justice Sivasubramaniam achieved excellence as a judge of the Supreme Court on account of his courtesy towards the counsel, firmness to his rulings and full possession of facts and always master of his court.

Justice Sivasubramaniam was born on March, 14, 1908 and had his early education at Hindu College, Jaffna. He later joined Ananda College, Colombo. He obtained a Bachelor of Arts Degree from the University of London and was called to the Bar on March 8,1933 and practised at the Jaffna Bar where he soon built up a steady and lucrative practice by dint of his ability and industry.

He joined the judicial service on February 27,1941 and functioned as magistrate, District Judge in several places and also functioned as Additional Permanent Secretary, Acting Permanent Secretary of the Ministry of Justice. In 1966, he was appointed to the Bench of the Supreme Court and retired in April 1970.

Hindu culture

Even after retirement, he was appointed as a Member of the Law Commission, the Board of Trustees of the Bandaranaike Centre for International Studies, the Board of Management of the Dr N M Perera Memorial Trust, the Executive Committee of the Alumni Association of Jaffna Hindu College, chairman of the Hindu Advisory Council and president of the All Ceylon Hindu Congress.

As a judge of the Supreme Court, Justice Sivasubramaniam preserved the dignity of the courts and the image of justice. He was always of the view that judges should discharge their duties without fear or favour, affection, ill-will or bias. While on the Bench, he lived upto the essence of the art of judging, namely, an attentive and respective ear, a mind opened to conviction, a readiness to acknowledge error and a will resolved to do justice regardless of personal motives or prejudices. Besides, he possessed in full measure the learning, the quickness of thought and the capacity for hard work which enabled him to attain eminence as a lawyer and as a judge.

According to late Justice Sivasubramaniam, a respected and independent judiciary and a vigilant and strong Bar are indispensable to the administration of justice and for vindication of law.

As a Supreme Court judge, he maintained tremendous courage and a high degree of judicial statesmanship. He steered the courts with great dexterity, through perils and floods and left it with its stature no less high as when he was summoned to this high office.

Justice Sivasubramaniam's polished manners and sartorial elegance, intellectual refinement and boldness of thought would assure him a permanent place in legal thought and judicial literature of this country.

It is very often said that a woman is always behind a man's success. His wife Manonmany was not only a scholar in Tamil literature, but, a tower of strength and source of encouragement in all his endeavours.

In fact, Justice Sivasubramaniam's son Ranjan, who was a Senior State Counsel, excelled in his legal profession and is now a successful entrepreneur.

Undoubtedly, late Justice Sivasubramaniam was steeped in Hindu culture. His mind was a mansion of noble thoughts. His integrity was unimpeachable. "He was noble, nobility itself."