As a student of law, I have been moved and awestruck by the capacity of legal concepts to bring about radical social change; to make societies more humane and just. I cannot, however, state with sincerity that there are many in the legal firmament of contemporary Sri Lanka who have used that potential in the law with imagination and creativity to bring about positive change. That is why I feel so fortunate to have known Justice Mark Fernando. He belonged to that rare breed of jurists who breathed life to the law through a profound empathy for the human condition and sound legal reasoning. That he had a heart of gold did indeed help. We were the richer for it.
But I cannot confine my memories or appreciation of Justice Fernando to his role as a jurist. That would be too unfair. His was a multi-faceted personality with multiple talents and interests. There will be many who would speak eloquently about Justice Fernando’s contribution to the law. But for me, in addition to that, I remember him as a deeply committed legal educator who was keen to see the institutions of legal education in the country impart legal education that was relevant and modern.
He was a humanist who was keen to ensure that rural students would not be disadvantaged because of their poor knowledge of English or class barriers. I also remember him as a social activist who ardently espoused transparent and accountable governance, respect for the rule of law and a fair deal for all. I remember him standing tall, not because of his considerable height, but because he was decent and ethical.
I first met Justice Fernando soon after my return to the island, having completed my graduate studies. It was in the early 1990s. If my memory serves me well, I met him first at an event organized by the late Dr. Neelan Tiruchelvam. I remember being taken aback by the simplicity and humility of Justice Fernando, who by then was one of the most respected Supreme Court Justices. To be honest, I had not met many superior court Justices at that time. Like many mere mortals, I was quite awed by the presence of a Supreme Court Justice and was acting clumsy, unsure of the protocol. Justice Fernando put me at ease at once with his friendly demeanour and winning smile. He was like a kindly uncle, but making serious conversation about the law and legal education. I was so humbled and grateful.
What I wish to highlight here is the sterling role played by Justice Fernando in enriching the lives of both academics and students of the Law Faculty of the University of Colombo. That he did through his pioneering activities as the Patron of the Law Faculty Alumni Association. The vigour and commitment with which he threw himself into that work was amazing. His mission was to better the lot of the law students. He wanted to bring about changes to legal education and to modernize the mindset of the future lawyers and also of the legal academics. And for those efforts, we are forever in his debt.
Justice Fernando mooted the idea of an LL.M. programme in corporate law to be offered by the Law Faculty, long before anyone had thought of such a move. He was singularly responsible for the introduction of the internship programme for our students. The programme continues to benefit hundreds of students by placing them in law chambers and other professional settings. Many students met their future employers through that programme. He commenced mentoring programmes for law students with the assistance of legal practitioners, focusing on improving English proficiency and subject knowledge. He introduced the ‘welcome dinner’ for first year students and the ‘farewell dinner’ for final year students, hosted by the Alumni Association. That was his way of creating a supportive and professional environment for the students, who were mostly from rural areas. The students got to hobnob with lawyers, stalwarts of industry and the private sector, not to mention Justices of the superior courts. Sometimes he would host groups of students to a meal at his residence. The students revelled in these encounters, their self-confidence boosted by these rare opportunities. He worked with young academics in organizing those events and became a mentor to many of them as well.
What was so touching and humbling was to see this man in plain shirt sleeves walking around the corridors of the Faculty, meeting people, attending to the minutest detail of a programme, when in many a lecture hall the jurisprudence that he had developed on the Bench was being taught and debated. It was a remarkable experience for both academics and the students. Here was a man, who was reshaping the face of public law in the country, and thereby touching the lives of millions of people.
Public law of Sri Lanka cannot be taught without adverting to the innovations of Justice Fernando.
In my own human rights law class, I believe not a day passed when we did not take up for discussion the judgments of Justice Fernando—expansion of the scope of fundamental rights, liberalizing of procedures, establishing the interface between administrative law and fundamental rights jurisprudence, use of international human rights standards as interpretive guides, and the list went on. Yet, here he was with us, a simple man, partnering a common endeavour to improve legal education, not wishing to stand on a pedestal and be venerated. It was this down-to-earth simplicity and humanism of Justice Fernando that endeared him to many of us. He was truly inspirational.
Justice Fernando left us early. The ways of life are a mystery that is hard to unravel. He contributed immeasurably to society, yet life did not treat him fairly. He prematurely retired from the Supreme Court, in unhappy circumstances. Soon thereafter he was diagnosed with a dreaded disease. He carried on with his work regardless, always positive and with a smile.
Although he is no more, Justice Fernando has left a rich and humane legacy for us to nurture and emulate. Whether the Sri Lankan polity, or at least the legal community, has the capacity or, indeed, the inclination to benefit from that legacy, remains to be seen. For we live in confused and troubled times. We have become a nation of survivors, often not willing to recognize and appreciate what is good, when to do so would not serve our immediate interests. There is no doubt, however, that history will remember him as a giant in the twentieth century legal firmament of Sri Lanka, who shaped public law for the common good.
May he rest in peace. And may his beloved family find comfort in their faith and in the knowledge that Justice Fernando will live in our hearts forever.
Dr. Deepika Udagama,
Faculty of Law, University of Colombo |
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