by

A. Gnanathasan

An appreciation of the late Justice Sundaram Sriskandarajah President of the Court of Appeal Sri Lanka.

I pen these words with deep sadness to honour and appreciate the memory of the late justice Sundaram Sriskandarjah President of the Court of Appeal, who passed away recently having led a life of grace and dignity. Justice Sundaram Sriskandarajah, whom I fondly and lovingly addressed as Sri, was a friend and guide in as much as he was a brother to me. He was to me and all alike, a constant source of advice, inspiration and love and therefore his passing away has left a deep void in me, in his family and in all those who had the good fortune of knowing him.

I have no doubt that there will be many enduring tributes to our dear departed Sri.

Many will miss him, and many more will mourn his demise.

Fate willed that both of us should come to the Attorney General’s Department together on the same day , 1st of January 1981, along with the present Chief Justice Hon. Mohan Peiris , PC , Hon, Justice Eric Basnayake, Mr, Chula Bandara and Mr. Aritha Wikramanayake . We both entered the Sri Lanka Law College in January, 1976 and passed out almost in the same period. Both of us did Master of Laws at the University of West Indies, Barbados. We were both in charge of prosecutions in the Eastern and Nothern Provinces for more than a decade. I had the good fortune of interacting very closely with him when I was the head of the Court of Appeal unit in the Attorney General’s Department.

In all our moments of joy and sorrow alike Sri was always the first to call and celebrate or mourn with us as the circumstances required. I was always touched by his caring and reassuring words, when I was in need of them most.

Sri’s heart was always at home, thus he possessed unshakeable love, devotion and care for his parents his wife and his sisters, and brothers-in-law. He was a devoted husband, and loving and doting father, an affectionate father-in-law, who gave his family the utmost of his nurturing care. He was truly a tower of strength to his wife and children, sisters, brother-in-law, and all other members of the family and his relations, who always looked upon him for help and support in times of trials and tribulations.

He was deeply religious but was ecumenical in perception and always accommodated all religions, as one. I have never known him to have failed in his duties; whatever he did for his family , friends , and colleagues , whether they were in the right or wrong, it was always with the best intentions. His word was his honour and his promises were his bond.

He had a long and affectionate lasting tie with his childhood and school friends at Manipay Hindu College, Colombo Hindu College, and Sri Lanka Law College. He was an unceasing source of advice and assistance to all who needed words of advice care and affection.

The charisma and humility of Justice Sriskantharajah summons the words of Rudyard Kipling to mind …. “He moved with kings and queens and did not lose the common touch.” He thus not only won the respect and the love of the people of Jaffna , Vavuniya, Batticoloa, Trincomallee and Colombo where he prosecuted and later on presided as a judge , but also those who had the joy of his acquaintance. The popularity and respect he earned was very evident from the large gathering that paid homage to him at his funeral.

In his professional conduct whatever he did he accomplished successfully due to his commitment, hard work, diligence, dedication and devotion. He never demanded recognition but earned it through sheer display of professionalism.

Many were the landmark Judgments that Justice Sriskandarajah delivered while on the Court of Appeal bench, as the Judge of the Court of Appeal and President of the Court of appeal for more than ten years.

I would like now briefly to refer to three aspects of Justice Sriskandarajah’s impressive record of judicial accomplishments which are bound to find a lasting place in the Sri Lankan Legal System.

Justice Sriskantharajah’s tenure in the Court of Appeal was studded with the landmark judgments he delivered in the ten years in which he graced that Court. His Lordship has left behind a lasting legacy in the form of a brand of bold Jurisprudence reflected in the judgments in which he shifted and advanced the frontiers of Administrative Law in Sri Lanka.

In history, each individual makes his or her unique contribution. Only some contributions stand out as a monument. Some of these classic examples are the following judgments.

1.In Caldera v University of Peradeniya & Others (CA Writ 572/2005 CA Minutes of 25.04.2005), he pioneered the introduction of the concept of Proportionality as a ground of Judicial review, when he reduced the term of disciplinary suspension of a university student.

2. In Time Garments v Director General of Customs (2008 {B.L.R.} 239), he expanded the law relating to the failure to give reasons as a ground on which a determination made in an administrative inquiry could be set aside.

3. In J D Ariyanayagam v The Incorporated Council of Legal Education and 16 others (CA Writ 564/ 2006 CA Minutes of 13/12/2006), His Lordship granted the relief sought by issuing a writ of Mandamus on the Council of Legal Education consisting of the Chief Justice, Hon. Attorney General , Judges of the Supreme Court , the Bar Association of Sri Lanka , Senior lawyers, and the Principal of the Sri Lanka Law College, compelling them to admit the Petitioner, and five other Petitioners , who had filed similar applications.

As a Judge he administered law with kindness and compassion, Justice with mercy and karuna. As an activist judge, he fearlessly opened new vistas of judicial activism in most branches of law in particular the administrative law. Justice Sriskandarajah has made many notable contributions to the development of Sri Lankan administrative law.

More than anything else, anyone high or low who has come into contact with Justice Sriskandarajah cannot but be impressed by his simple living and high thinking, by his entire desire to work in the service of the common people and by his captivating feeling of love and affection to human beings everywhere.

As Jerome Frank Said “Courts in a democracy do not belong to lawyers or Judges. They belong to the people” Justice Sriskandarajah was guided by this principle.

There are only a few judges of the Court of appeal of Sri Lanka who occupied a permanent place in the minds and souls of the people. Even though they are very few, they changed the complexion of the Courts. One among them is Justice Sriskandarajah, a humanist, and at the same time an activist Judge. Throughout his tenure he never compromised with considerations of power. We were very much impressed when we happened to read his judgments.

Lord Denning identified two kinds amongst Judges. The timorous souls and bold spirits. Justice Sriskandaraja, I would say, was the boldest spirit in delivering judgments. Justice Sriskandarajah always did what he thought was right not bothering about consequences.

Having known him personally for more than 37 years, what overwhelms me is his humanism and his simplicity. All this is reflected in his writings, his speeches, his judgments, and his actions.

On my retirement he persuaded me to accept the Post of Project Director in the Special Translators’ Unit of the Court of Appeal. Hon. Justice Sriskandarajah was instrumental in mooting the idea and spearheading the monumental work which was the crying need of the hour. His valuable assistance, advice and guidance were greatly appreciated. When we despair, hemmed in by pressures, they re-invigorate us and keep us going.

The pilot project was launched on the 03rd of September, 2013. For so many years Northern and Eastern province criminal appeals were not listed for hearing as the briefs were in the Tamil language. With a view to disposing the pending criminal cases this project was initiated by him. After doing this work I realized what a worthy cause it is and Justice Sriskantharajah was solely responsible for this project.

While he was in the I.C.U. Central Hospital whenever I visited him he inquired from me about the progress and even whether the salaries were paid to the translators. Till the last he was very concerned about this project.

When my team accomplished a milestone of completing the translation of thirty case briefs within the specified period, I was very sad that I could not convey the good news to him because he was unconscious by then.

His life and work could well be summed up in the words of Antony in Julius Caesar.

“His life was gentle
and the elements
So mixed in him that
Nature might stand up
And say to all the
World this was a man”!

I carry with me the fond and pleasant memories of Justice Sriskantharajah as a simple and humane person who was loved and respected by all. The passing away of Justice Sriskantharajah removed from our midst one of the most popular heroes of the Sri Lankan Legal fraternity.

My wife Ariaranee and I share these heartfelt sentiments with his wife Uma, his sons Suho and Arun, his daughter-in-law Sinthu, and all those dear and near to them, with a sense of love, affection and gratitude for having known his family and having been greatly impacted by every member of it.

May his soul rest in peace!

(President’s counsel A.Gnanathasan is a retired Additional Solicitor-General who currently serves as director of the Special translators unit set up at the Appeals court of Sri Lanka under the aegis of the UNDP “Access to Justice” project)