1. A TRIBUTE TO A PATRIOTIC SON OF GALLE- ANANDA
WICKRAMASEKERA
A. W. A. SALAM Judge of the Court of Appeal
This I presume is an account long overdue, of Mr Ananda
Wickamasekara, a celebrated figure among the legal
fraternity, particularly in Ruhuna. As for myself, I
consider it an honour to be invited to pen ndmy
thoughts, feelings and memories about him to the 2
issue of the GALLE LAW JOURNAL, which is dedicated to
a simple and a humble patriotic son of Galle. The
abhorrence he generally has towards seeking publicity
of any kind made me think twice before I responded to
the invitation to pen my thoughts. Nevertheless, the fact
of my pupillage under him at the bar from the year 1977
to 1981 which I always consider a “privilege” in the strict
sense of the word, eventually made me respond to the
call. Let me thank the GALLE BAR ASSOCIATION for
affording me the opportunity.
It is no exaggeration to describe Mr. Wickramasekara as
one who has indeed achieved a superlative legal
excellence having reached an important personal
milestone with the successful completion of 50 long
years at the bar, motivated by pure altruism. Advocate
Ananda Wikramasekara was the professional title he
carried before the fusion of the two wings of the legal
profession that took place in the year 1973. He is known
among his colleagues and family members as “Ananda”
and from now onwards, I propose to refer to him as such
with no disrespect to him.
Hailing from Mihiripenna in Talpe Ananda was born to
G.K.F. Wickramasekara and Ariyawathie de Silva on 25
2. August 1940, during the period, when the British Empire
was at the height of its power and glory. Ananda is the
second in a family of five siblings-Upali, Amara, Kusum
and Bindu (the last named being the baby of the family).
Incidentally, Bindu followed the footstep of his brother
Ananda and is much respected by the bench and the
fellow members of the Bar.
His father, a well-respected Inspector of Schools,
inculcated good values and discipline among all his
children from a very young age, something that
influenced Ananda's personal and professional conduct.
Ananda was rather playful but very thoughtful and kind.
His father who served the Motherland with an admirable
dedication and remarkable distinction ensured that strict
family values were imbibed in his children.
Ananda's early education was at Mihiripenna Vidyalaya
before his parents admitted him to St. Aloysius College,
Galle. Ananda was at Ananda for short period as his elder
brother was already a student of Ananda. He did well at
Ananda but his father a gentleman with outstanding
wisdom and exceptional foresight rightly thought that he
would do better in a strict boarding school environment.
He was then moved to St Benedict's College where the
head of the school was Brother Alburn. Under his
guidance Ananda grew up to be an intelligent smart
young man in an unparalleled way.
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With a keen interest to pursue law, he gained admission
to Law College in 1960, where he kept himself busy both
in academic work and student activities as well. He was
3. elected to hold the arduous and thankless position of
being the Secretary of the Law Students Union, which
made many envy him at the Law College. Both Ananda
and his best friend, Vasudeva, did very well in the final
examination to obtain first class rankings and Ananda
had the distinction of obtaining the highest aggregate
marks at the final examination in that year to top the
batch.
He served his official pupilage under E R S R
Coomaraswamy later President's Counsel in 1983 and
then took to the Galle Bar, despite being repeatedly
advised by his senior to continue his professional career
at the Metropolitan Bar. While being a member of the
Galle Bar, Ananda was enrolled as a Solicitor having
passed the Solicitor's examination and obtained the
necessary training in London. Admirably, Bindu too was
admitted as a Solicitor towards the latter part of 80s.
There is no gainsaying that the Galle Bar has a
deservedly high reputation. Ananda being a member of
that Bar has always been a tower of strength to its
members, particularly the juniors. Ananda was deeply
respected by the entire legal community, and he served
as a mentor to many younger lawyers, encouraging a
whole generation of leadership of the Galle Law
Association; Those many hundreds who had passed
through the chambers of Ananda were quite content that
they learnt much more from their mentor than from the
text books.
Whenever the Bar faced any problem that was difficult
to deal with, it was Ananda who led the Bar and was in
the forefront to espouse any genuine cause on behalf of
his colleagues. In short, Ananda has sacrificed his life,
4. legal practice and his personal comforts for the
advancement of the goals of the noble profession of
which he has been a member for the last 50 years.
At this stage, It is not inappropriate to focus as how the
Prophet Jesus had looked at the fees chargeable by
Lawyers. Prophet Jesus is quoted as having said “Woe
unto you also, ye lawyers! For ye lade men with burdens
grievous to be borne The Bible, Luke 11. 46.
English- standard version reads… “Woe to you lawyers
also! For you load people with burdens hard to bear, and
you yourselves do not touch the burdens with one of
your fingers”.
According to the International Code of Ethics adopted in
the year 1956, lawyer's fees should, in the absence of
non-applicability of official scales, be fixed on a
consideration of the amount involved in the controversy
and the interest of it to the client, the time and labour
involved and all other personal and factual
circumstances of the case.
Although an Attorney-at-Law is entitled to charge fees
of his choice for the services rendered to the clients, it
is always a usual feature with Ananda, to waive the fees
or substantially reduce the same in the best interest of
the traditions of the profession, on account of the
poverty of the clients. He always made the less affluent
litigants feel that poverty or hardship was no barrier to
access justice.
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5. He always conducted himself with absolute honesty and
his professional integrity was beyond question. He
displayed his honesty in the highest degree of
transparency.
As a matter of fact in the year 1996, having persuaded
me not to prefer an appeal to the Judicial Service
Commission against my transfer from Matara to Galle as
the District Judge, to my pleasant surprise and to that of
many others, Ananda announced his option to his clients
and the Bar of to refrain from appearing in the District
Court so long as I presided that Court, thus kicking off a
lucrative practice built over the years.
While appreciating his honesty, which may have come to
pass unnoticed, this legitimate, ethical and most
admirable option of Ananda compelled me to restrict my
stay in Galle to two years i.e. 1996 and 1997 instead of
the usual term of three years. Laudable though his
decision was, I knew that he was in many ways unfair
by his clients but appreciably Ananda never wanted to
compromise his integrity and that of mine for mere
rupees and cents. The option exercised by him in this
instance is exemplary and in actual truth beyond my
capacity to reward him.
Ananda has enjoyed a full life, both as a family man and
as a professional lawyer, displaying important values
and virtuous characteristics in his every role, despite
having undergone a bypass open heart surgery involving
a high risk of success almost a decade after suffering a
heart attack. The truth of the matter is that he truly
served his parents and humanity at large to qualify for
an extended term of life in his service to the people on
earth. The merits he acquired over the years no doubt
6. paid dividends. Ananda is therefore blessed with long
life, good looks and personality, happiness,
contentment, comfort, strength and power. The Bar
rejoices today on his completion of 50 years as a lawyer,
mainly due to his being granted an extended life to serve
the people of this country.
He touched the lives of many whom he came into contact
with his sensitivity, thoughtfulness and respect for all.
For those who cared to appreciate, the values that
mattered so much to him-whether in his professional
practice or personal life-were there to be seen in action.
Many are his attributes and incidents that come to mind
which show up the admirable ways of this peerless
gentleman of the Bar. Doubtless, he has passed on these
great values to his children, Thushanthee and Yasoda of
whom the latter is a Barrister presently practicing in
Australia.
It is said that the way a man treats his pets speaks for
volumes as to his character. Having a pet is perhaps the
most caring gesture anyone can make in life. A dog
doesn't care whether his master is clever, dull, smart or
dumb. As the french poet Anatole France expressed,
until one has loved an animal, a part of one's soul
remains unawakened.
Narrated from the Prophet of Islam that "Once a dog was
going round a well and was about to die out of thirst. A
prostitute of Banu Israel (during the period of Prophet
Moses) happened to see it. She took off her leather sock
and lowered it into the well. She drew out some water
and gave the dog to drink. She was forgiven on account
of her action".
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The above anecdote demonstrates beyond doubt that
reward is given in connection with every living creature.
No wonder, a true dog lover, Ananda had come to realize
this universal truth long time ago and always applied it
in his life.
Ananda is a keen gardener and at one stage an
enthusiastic planter. He was the proprietor of several tea
estates and he always treated his workers on the estate
with a touch of mercy as he always used to be with his
servants.
His tourist resort “Point De Galle” located on one of the
most picturesque stretches of coastline in Asia has made
several hundreds of legal luminaries relax and enjoy
their holidays as his private guests.
Ananda has varied interests in life. An avid traveler, he
has travelled throughout the world, and on one occasion,
made the journey overland from England to Sri Lanka. A
much respected man among his family and those who
are fortunate to know him, Ananda continues to touch
the lives of so many with his humaneness. Ananda is
now blessed with two lovely grandchildren Teshyana and
Tristan who were born on 15 March 1999.
Considered as one of the greatest lawyers the South has
produced, if not the greatest of our time, he was brought
up as a devout Buddhist and remains in the faith with
the fullest conviction in the teaching of Lord Buddha.
Ananda means bliss in Sanskrit as well as in other main
languages. It literally means bliss or happiness. Ananda
has undoubtedly found happiness and contentment in
8. life through following the teachings of the great religious
leader Lord Buddha and practicing the generosity in
every respect as preached in Buddhism.
He has appeared in a variety of cases before various
Courts including the Labour Tribunals, Magistrate's
Courts, District Court and High Courts where he has
appeared in jury and non-jury trials. After the creation
of the Civil Appellate High Courts in the Provinces
Ananda is seen practicing exclusively in the Appellate
Courts, particularly in the Southern Province. Never in
his career he appears to have derived satisfaction as he
now does by engaging himself towards the disposal of
appeal cases in the Provincial High Courts. Ananda
enjoys an island wide reputation as an eminent counsel
and his demand was so great in the area of law that he
has specialized, particularly civil suits both in the original
Court and the Appellate Court.
His amiable manner and the gracious way in which he
presents a case or argues a point of law is well accepted
by all the judges. His art of advocacy and cross
examination are marvelous and always appreciated both
by the bench and the Bar. It is more than appropriate
that we record our appreciation and gratitude for the
dedication and service of Ananda, to his profession, his
community and his country.
Quoted from the reference made to an advocate by F H
B KOCH, King's Counsel and the District Judge of
Colombo.
“ TO RISE TO EMINENCE AND BECOME AN
ACKNOWLEDGED LEADER IN A GREAT PROFESSION IS
9. AN HONOUR AND ACHIEVEMENT THAT FALLS TO THE
LOT OF A VERY FEW ”
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