By

Chelvatamby Maniccavasagar

(FORMER CHIEF JUSTICE S. SHARVANANDA’S 6TH DEATH ANNIVERSARY IS ON JANUARY 10TH)

Former Chief Justice ‘Deshamanya’ S. Sharvananda who passed away on January 10, 2007 in Sydney-Australia at the age of 83 after a brief illness was a multi-faceted and multi-dimensional personality who maintained tremendous courage and high degree of Judicial Statesmanship.

Justice Sharvananda achieved excellence as a Judge of the Supreme Court and later Chief Justice of Sri Lanka on account of his courtesy towards the Counsel, firmness to his rulings and full possession of facts and always master of his craft.

Indeed, Justice Sharvananda’s life story was like that age old American Legend of Log Cabin to White House. He was the third son in a family of four and was born in Kayts. His home was in Karampan, a village in Kayts and his father was a Village Headman, a post with much prestige, but with very little pay in those days. But his mother was an efficient housewife who managed quite well. His mother’s influence over him was considerable. In fact, his mother who instilled in him a sense of duty to the family and she also by example taught him thrift.

In 1922, Swamy Sharvananda, a disciple of Swamy Ramakrishna Paramahamsa came to Sri Lanka (Ceylon) and visited Karampan and his father Suppiah, hosted him for lunch. The next year Justice Sharvananda was born and his father named him after him. As a little boy he attended the Shanmuganathan Vidyalayam, a small village school in Kayts where he studied in Tamil medium. Thereafter he attended St Anthony’s English School where he made his first acquaintance with the English Language under Catholic brothers. After this he joined the prestigious Hindu College, Jaffna which helped him immensely in moulding the mind of Justice Sharvananda.

On completion of his matriculation examination he entered the Law College and passed out as an Advocate in 1946. While he was at the Law College he gained his Bachelor of Arts Degree (BA) from the University of London. He apprenticed under the great and mild mannered late S J V Chelvanayakam since he preferred Civil Law. After working with his cousin late Nadarajah (QC) for a short period he joined the Chambers of late H W Thambiah, who later became Supreme Court judge. In fact, Thambiah (QC) was a very hard task master in those days and one had to be very alert and thorough in authorities, otherwise one stood to being reprimanded.

Justice Sharvananda had a large volume of work prior to his appointment as Supreme Court judge in 1972. He handed over all his work to late A. Mahendrarajah who was an eminent lawyer and later became President’s Counsel.

Sharvananda succeeded late Neville Samarakoon (QC) as Chief Justice in 1984. After his retirement as Chief Justice in 1988, he was appointed as the first Governor of the Western Province. As Governor of the Western Province, he was responsible for the financial bills and he held this position from 1988 to 1994. In 2001, he was appointed as the Chairman of the Presidential Truth Commission on ethnic violence. Further, he was honoured and felicitated by the government of Sri Lanka in recognition and appreciation of his tremendous service in the spheres of legal and judicial services and was conferred with the title of “Deshamanya” and also he was felicitated by the Colombo Kamban Kalagam.

As a Judge of the Supreme Court and later as Chief Justice, he always preserved the dignity of the Courts and the image of Justice. He always believed that Judges should discharge their duties without fear, favour, affection, ill-will or bias. While on the Bench, he lived upto the essence of the art of judging namely an attentive and receptive ear, a mind open 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 ability, the quickness of thought and the capacity for hard work which enabled him to attain eminence as a successful lawyer and as a Judge.

According to Justice Sharvananda, a respected and an independent Judiciary and a vigilant and strong bar are indispensable for the administration of Justice and for the vindication of the law. Justice Sharvananda was once invited to address at the Judicial Service Association and while addressing he said that a sound and satisfied Judicial Service is a sine quo non for the successful functioning of our Democratic Institutions.

He further said that the very survival of the rule of law depends upon the effective functioning of the Judiciary. He said that the Judge has not only to do Justice between man and man. He also has to do Justice between the State and Citizen. The service rendered by a Judge demands the highest qualities of learning, training and character. Those qualities are not be measured in terms of Pounds, shillings and pence according to the quality of work done.

The task of administering Justice is very arduous and highly delicate. It requires persons of foresight, integrity, imagination and total commitment to Justice. Further, a Judge should avoid friction with the Bar and the witnesses and at the same time he should dispose cases expeditiously without sacrificing Justice.

In fact, Justice Sharvananda was always completely against any controversy with the legislature. According to him such things will only bring this institution into disrepute and it will do a lot of damage. He further said that Judiciary, Legislature and Executive, each have their own sphere to work within.

Referring to the role of a Judge, he said that a Judge’s function is a divine one an impartiality and fairness are very important and a Judge must have a very high sense of duty. He further said that lawyer’s services should be available to all clients who need his services and they should always maintain a high degree of discipline and a sense of duty.

Justice Sharvananda was deeply religious and practised what he preached. 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. Besides, his face was always lit with smiles, deep piety, integrity of character, independence of mind, devotion to duty and courage of his conviction which really marked his life and earned the respect of all who came in contact with him.

As Chief Justice among the many and varied cases he dealt with was the Thesavalamai Law and the customary law of those living in the North. When a Catholic wanted to divorce on the grounds that the Solemnization of his marriage in the Catholic Church was invalid on some flimsy ground. Justice Sharvananda held that it was valid.

Undoubtedly, late Chief Justice Sharvananda was steeped in Hindu Culture. He was a Sri Lankan to the marrow of his bones. His integrity was unimpeachable. He was singularly free from the blemish of hypocrisy. His sincerity was transparent, crystal like. Nothing was concealed within.

In the words of the poet, Justice Sharvananda was a “Statesman, yet friend to truth, of soul sincere. In action faithful and in honour clear, who broke no promise, served no private end.”
“He was noble, nobility itself.”