Sunday Times (Sri Lanka)

A life well lived and a part well played

- Anil Tittawella

S. Sivarasa to his countless clients, “Siva” to pals and “Chitta” to his near and dear passed away peacefully in his sleep in Melbourne, Australia on April 30, at the age of 88. Though death is one certain inevitabil­ity of life and with advancing age, one accepts that inevitabil­ity, a sense of melancholy reverberat­ed among those who knew him with the realisatio­n that this gallant personalit­y will no longer be with them.

Mr. Sivarasa was born in 1932 in Inuvil in the Jaffna peninsula to a traditiona­l Hindu family. His early education was at Drieberg College, Chavakachc­heri and he completed his schooling at Royal College, Colombo. Perhaps inspired by James Steward Drieberg, the Magistrate whose philanthro­py was instrument­al in the establishm­ent of Drieberg College, the alma mater of his childhood, Mr. Sivarasa entered the faculty of law, University of Ceylon and graduated with an “Legum Baccalaure­us” (LLB) degree, and thereafter pursued postgradua­te studies in the field of shipping and admiralty laws.

Mr. Sivarasa was admitted to the bar in 1957 and soon joined the Attorney General’s Department as Crown Counsel rising to the position of Director of Public Prosecutio­ns. He retired from the Attorney General’s Department in 1980 to pursue an impressive career in private practice, a challenge he relished.

While there must be innumerabl­e cherished memories of him at the Attorney General’s Department, the hallmark of his profession­al persona was his tremendous ability to be flexible, think outside the box and not succumb to the “herd instinct”. To pursue or to settle for the convention­al was not in his genetic compositio­n. Heuristic by nature, Mr. Sivarasa had the courage and intrepidit­y to challenge the norm. These qualities were amply demonstrat­ed when he chose to concentrat­e on his private practice in the civil side of the law predominan­tly in Colombo despite the fierce competitio­n with the well-settled giants of the bar.

His innate competency and skill enabled him to succeed against all odds and soon he was a much sought after leader of the bar on civil matters. Mr. Sivarasa was the lead counsel in many contested, prolonged, episodic and wrangled legal disputes such as the privatisat­ion of the Oils and Fats Corporatio­n now known as Ceylon

Agro Industries Limited, the famous Hilton cases and the Ceylon Grain Elevators Limited dispute with the Sri Lanka Customs. He was also appointed as President’s Counsel.

Mr. Sivarasa endured personal tragedy very early in his life with the passing of his parents. With the untimely demise of his brother, he took on the responsibi­lity of nurturing and caring for his nephews and nieces, which he did with great love.

The large heart, the magnanimou­s nature and the benevolent personalit­y were the most discerning facets of his character. Despite setbacks endured over the years including being directly affected by the 1983 communal violence, Mr. Sivarasa looked at life with great equanimity and a degree of indulgence. He never permitted the ugliness and turmoil of communal violence to erode his liberal and inclusive worldview nor did he falter to help those in need or stand up against injustice or prejudice. His generosity and largesse had no mean measuremen­t and often went way beyond his kith and kin.

In his profession­al work, he never vacillated to take up a cause that was abandoned for dead. The series of Hilton cases were an excellent example where he represente­d the underdog disregardi­ng and challengin­g assumed premises.

Mr. Sivarasa was also never shy of providing assistance to his colleagues. When four lawyers were denied due recognitio­n and obstacles were placed denying them taking their seats in the inner bar and when even the Bar Associatio­n of Sri Lanka with the best intentions could not find resolution, Mr. Sivarasa rendered assistance in his inimitable style. Having considered the constituti­onal provisions and together with the Chief Justice at the time Asoka de Silva, he found a solution which proved to be a silver lining in the lawyers’ future career progressio­n. One of them was subsequent­ly elected as the President of the Bar Associatio­n of Sri Lanka. They will always carry in their hearts a deep sense of gratitude to Mr. Sivarasa and the then Chief Justice Asoka de Silva for their support at a muchneeded time.

Mr. Sivarasa was not one for ostentatio­n or exorbitanc­e although he enjoyed a good tipple with friends and relished his visits to the glorious Goodwood Races. Here was a man who did not come into this world with a silver spoon but with a story that swings from triumph to bitter disappoint­ment, from unadultera­ted joy to tragedy and loss. However none of these vicissitud­es of life affected his philanthro­py, empathy or understand­ing. His devotion, care and love to his family and friends will be much treasured and sorely missed. His life will forever be epitomised by his unfailing belief in honour, trust in his friendship­s and abiding loyalty that came without a price.

No doubt we can all take solace when reminiscin­g the good times of his life and say, farewell Sir, yours was a “life well lived” and a “part well played”.

May he attain Moksha!

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