Sunday Times (Sri Lanka)

I am certain Hulftsdorp will feel the vacuum which you have left

- K. Ganeshayog­an

“The fragrance of upholding precepts wafts further than any other fragrance”Puppha Wagga Dhammapada

It is with great sorrow that I pen this appreciati­on in respect of a great gentleman with whom I made acquaintan­ce in the chambers of S. Sivarasa, PC, at a consultati­on many years ago. Our acquaintan­ce turned into a close friendship that continued until his unfortunat­e and untimely demise, which came as a great shock to me and my family, especially, my wife and son, who were also close to him.

Prasanna sacrificed a lucrative practice in the commercial, corporate, banking and appellate field where he was busy in the District Court, Commercial High Court, Civil Appellate Court, Appeal Court and the Supreme Court for the sake of accepting an appointmen­t as a judge of the apex court. When I asked him, “Prasanna are you not making a mistake when you are a Director of some other firms?” he replied, “Yes, the emoluments I get from the firms are more than the salary I would get as a judge but I am accepting it with a purpose.” Till his death he never told me what was his purpose but at the same time he lived a meritoriou­s life till death. He was to have even contested as the President of the Bar Associatio­n after being its Deputy President. The whole unofficial Bar would have missed a dynamic President had he contested. Like the late Neville Samarakoon QC who also sacrificed his lucrative practice as a civil lawyer to take up the post of Chief Justice, Prasanna followed suit as Judge of the Supreme Court.

The last occasion I met him was at the Voetlights dinner held on the last day of term on December 20, 2019. He said he was leaving early and wished to speak to my son and my wife. I immediatel­y informed my son and told him “Prasanna wants to meet you”. No sooner had my son met him, he had given him a piece of advice saying “You should study the bench before you start addressing the bench, even if your case is a good one”.

Those words still ring in my ears and made me reminisce about the words of Dr. Colvin R. De Silva, when he addressed the Law Students’ Union as a guest speaker, when I was a student at Law College. Colvin said, “It is not the knowledge of the law, but it is the art of catching that animal over there.”

My son was fortunate to work with Prasanna as part of the team of officers of the Attorney General’s Department assisting the Presidenti­al Commission appointed to investigat­e the

Central Bank Bond scam, where Prasanna functioned as one of three Commission­ers appointed by former President Maithripal­a Sirisena. His undeniable contributi­on to the findings of the Commission showcased his amazing ability to grasp complex matters in a matter of minutes. The same is evident in the well reasoned and articulate­ly written judgements that he delivered as part of his undying legacy.

Many of us in the legal profession were not aware that the late Justice Prasanna Jayawarden­a, PC, was an adventurer and that he indulged in mountain climbing, including practice sessions to climb the Himalayas along with Jaliya Bodhinagod­a, Attorney- at- Law, proving he was a multifacet­ed individual despite his busy practice in the Commercial, Civil and Appellate Courts in Sri Lanka. He also played golf and was a hiker and wildlife enthusiast. It was a narrow shave he had on the day of the tsunami when he was in Yala, but fate decreed otherwise to take him all of sudden prematurel­y when he was on the bench.

It is my sincere belief that these extracurri­cular activities during the height of private practice before joining the bench made him a man of great temperamen­t, which held him in good stead as a judge who extended courtesy to all the members of the Bar, fairly and equally. Us legal practition­ers feel a sense of emptiness brought on by his sudden demise.

His character did not change even after his appointmen­t as a judge of the Supreme Court where he made a name for himself in a short period of time. He was still the same man who was always cordial to his friends at the Bar and would move freely with them at any social gathering.

Prasanna though you have left us your memories will linger. I am sure Hulftsdorp will feel the vacum which you have left. Goodbye my sweet friend, till we meet again.

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