Sunday Times (Sri Lanka)

He questioned the status quo and challenged many sacred cows

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Felix R. Dias Bandaranai­ke was a contempora­ry of my brother at Royal College, with whom he edited the College Magazine. I still recall vividly the oversized schoolboy on a battered bicycle, cycling down the lane where we lived. However, it was I who had the unique opportunit­y of observing Felix at fairly close range, of working with him at the Bar, in Government and in Opposition, and of knowing him as a friend, in good times and bad, for over twenty years. He was a man of extraordin­ary courage and ability who straddled the political stage of this country for two decades and dignified it with his presence. He offered this country a quality of leadership that was comparable to the best anywhere in the world. He brought into the national life of this country qualities which are barely discernibl­e in the political scene today; or perhaps more accurately, are now more the exception than the rule.

In the past thirty years, I have lived in four countries – Hong Kong, Canada, Germany and the United Kingdom. In each of them, it is considered axiomatic that anyone who is presumptuo­us enough to enter public life and claim the right to govern his or her fellow beings, must have something to offer. To be able to give, one must possess. If one possesses little or nothing, and therefore cannot give, he or she will be inclined to take and to collect and to accumulate. What Felix possessed, and therefore what he offered his country, liberally and in generous measure, was his supreme profession­alism. His sharp, acute and incisive mind; the rigorous regime of discipline to which he subjected himself and those who worked with him; his continuing quest for knowledge; his deep understand­ing of men and matters acquired in the course of a brief but remarkably successful legal career; and his tremendous capacity for sustained effort – all these combined to mould him into a true profession­al.

How else could he, with no formal training whatsoever in the detection of crime, have personally investigat­ed and successful­ly elicited, in barely 48 hours, all the evidence necessary to satisfy a bench of three Judges of the Supreme Court that senior officers in the police and the armed services had conspired to overthrow the lawfully elected government of the country? In 1971, when the police confessed their inability to interrogat­e the thousands of idealistic, ideologica­lly committed youth who attempted to capture political power by attacking all the police stations in the country in a single night, it was Felix who assembled a team of special investigat­ors comprising the brightest and the best in public administra­tion and the law to perform that unenviable task. Felix reached out to achieve excellence, and he demanded that others did so too.

Felix possessed integrity, absolute incorrupta­bilty. I recall his mentioning to me after his first term in Government that in order to serve as a cabinet minister and not have to accept bribes and commission­s, one needed to receive a fairly substantia­l private income. Since he could not practise law while in office, Lakshmi and he provided for that eventualit­y in his first five years in Opposition, by establishi­ng a farm and developing and expanding it, as conscienti­ously as he approached all his other tasks. It was singularly ironic that his farm, and the perfectly circumspec­t manner in which Felix had instructed that its produce be disposed of – to the appropriat­e state corporatio­ns at the daily published price, rather than in the open market to the highest bidder – should have formed the basis of the charges on which the Special Presidenti­al Commission constitute­d by J.R. Jayewarden­e recommende­d that he be stripped of his civic rights – a dubious honour which Felix shared with Mrs Bandaranai­ke and me. His absolute integrity, grounded upon a strong spiritual commitment was exemplifie­d when his erstwhile antagonist, Rohana Wijeweera, chose to retain him as his counsel to challenge the conduct of the infamous referendum of 1983.

There was another quality which Felix possessed in abundance, and that was imaginatio­n. I recall the lengthy and detailed report we received from the Law Commission in response to our request for the simplifica­tion of the tedious and prolonged court proceeding­s relating to testamenta­ry actions. His response was both swift and focused. Why, he asked, do the near relatives of a deceased person have to parade themselves in a court of law? His solution was to remove from the judiciary all but the disputed elements of testamenta­ry jurisdicti­on, and to locate in every District Court Registry a probate officer functionin­g under the Public Trustee to make all the necessary orders to enable the bereaved families to continue with their lives with the least inconvenie­nce or disruption. Felix was an innovator who constantly and unceasingl­y questioned the status quo and challenged many sacred cows. The Administra­tion of Justice Laws of 1973 and 1975 which we drafted sought solutions outside the traditiona­l framework, and had they not been repealed in 1977 would have averted the scandalous state of our judicial system today.

I did not necessaril­y agree with everything Felix said or did. In fact, he attempted to persuade me not to accept Mrs Bandaranai­ke’s invitation to be Permanent Secretary to the Ministry of Justice, arguing that at the age of 32 my future lay in the legal profession and perhaps in the judiciary. There was even one occasion when he reported me to the Prime Minister for refusing to carry out his instructio­ns. Neverthele­ss, it is with gratitude that I remember the stimulatin­g and satisfying experience of having worked with a man of extraordin­ary talent, a person with a brilliant incisive intellect who dignified the political stage of this country for a brief moment in its history, and who at the same time was an incorrigib­le wit, a very human person who enjoyed the simple pleasures of family life.

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