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An able, honest and fearless judge: BASL
The funeral of Justice S. Sriskandarajah, President of the Court of Appeal, will be held today at 3.30 p.m. at the General Cemetery, Borella.
Justice Sriskandarajah (60) passed away on Thursday at a private hospital in Colombo after a brief illness. In a message of condolence the President of the Bar Association of Sri Lanka (BASL), said that Justice Sriskandarajah was an “able, honest and fearless judge”, and his passing comes too young and too soon, at a time when he had much more to offer the Judiciary, the legal fraternity and the Nation.
“We shall not ignore the fact that Justice Sriskandarajah was deprived of his rightful place on the Supreme Court, impacting not only him personally, but also the Independence of the Judiciary and the Rule of Law. We call upon the Executive that remedial action be taken and that good judgment be exercised in future, or else, the Judiciary and the Nation run the risk of losing more judges in the mould of Justice Sriskandarajah, a loss which cannot be rectified or compensated, and a loss with profound consequences,” the BASL message added.
It added that the legal fraternity would be ever grateful to him for the fearless and independent manner he conducted himself, when he presided over the divisional Bench of the Court of Appeal, issuing the writ quashing the proceedings of the Parliamentary Select Committee that recommended impeaching the 43rd Chief Justice.
“He was prepared to sacrifice his decades of professional life, depriving himself of the opportunity to serve the nation in the Apex Court, in holding the scales of Justice amidst threats,” it added. The BASL added that the late Justice has left an important legacy to the judges of the superior courts to follow his footsteps. That would be the greatest honour that could be conferred on him after his demise.
“The BASL said it is deeply conscious that this is a sensitive time, particularly for his family, and our hearts go out to them,” the message said. Meanwhile Opposition and UNP Leader Ranil Wickremesinghe, in a message of condolence, said that Justice Sriskandarajah’s faithful execution of his judicial responsibilities in defending the rule of law, at a time when the judiciary was in crisis, was an example of judicial integrity. “If not for his courageous stewardship, the administration of justice could have slipped into an abyss of debasement, from where it could never have recovered.”
He said that the late Justice believed firmly in the independence of the judiciary and never compromised on his principles. “Even when these principles were challenged, during the impeachment of the 43rd Chief Justice in early 2013, he did not waver. His integrity helped restore public confidence in the judiciary and the administration of justice. His wisdom and intellectual contribution to the judicial system was extensive; his understanding of the law was exceptional; and he contributed immensely towards making justice meaningful and realistic for all citizens,” the message said.
The Opposition Leader also said that, in Sri Lanka today, the qualities that Justice Sriskandarajah displayed in dispensing justice, qualities that can be considered the founding characteristics of a judicial system, are penalized. “These qualities denied him the opportunity of reaching the zenith of a judge’s career. In other words, his courage and determination to maintain the independence of the judiciary came at a grave personal cost.”
UNP MP Karu Jayasuriya in a message, said that Justice Sriskandarajah believed in an Independent and vibrant Judiciary, and he had the courage and the prowess to stand up to the powers that be, irrespective of the consequences. ”The pinnacle of his Judicial Career was the Historical Judgment given by him when he presided over the Divisional Bench of the Court of Appeal, quashing the arbitrary decision of the Parliamentary Select Committee that sought to punish the 43rd Chief Justice on trumped up charges,” Mr Jayasuirya said.
He added that Justice Sriskandarajah possessed the intellectual capacity and the courage to steer clear of political pressures, and championed the cause of the Rule of Law that he fostered and nurtured at the cost of his life. For this, he sacrificed decades of his professional life and the hard earned opportunity to serve the nation in the Apex Court.”