Sri Lanka: Farewell Speech by Dr.

Shirani A. Bandaranayake, 43 CJ

by Shirani A. Bandaranayake
( January 29, 2015, Colombo, Sri Lanka Guardian) Today marks 746 days since I left
office on the basis of an unlawful and illegal impeachment. I am glad that I am able to
see before me today, those who stood with me since then, in the struggle to achieve an
independent judiciary in our country.
It is not in my nature to accept felicitations of this kind, hence why I declined a
ceremonial sitting in 1996 as well as in 2011. However, on this occasion, which I

believe is safe to say, a momentous occasion, I could not refuse the kind invitation
extended to me by the Bar Association of Sri Lanka.
I suppose it is both opportune and my duty to begin, therefore, by appreciating the
diligent and unwavering efforts of the learned and able team of counsel, led by
Presidents Counsel Mr. Romesh De Silva, who selflessly appeared and stood on my
behalf, from the very inception, since the time of the impeachment 2 years ago and still
continues to do so, the members of the Bar Association, headed by its incumbent
President, Mr. Upul Jayasuriya, who fought fearlessly throughout with vigor, the
lawyers who stood by me and continue to do so, on every occasion that I was made to
defend myself in the Bribery Commission and in the Magistrates Court on baseless
allegations and those who actively took part amidst great adversity throughout these
746 days including the countless civil society activists, here and abroad, whom, on
numerous occasions, selflessly risked their lives for the benefit of the cause I stood for.
I am fortunate to have had such unwavering and continued support, which was my
biggest strength throughout this entire period.
As the 43rd Chief Justice of the Republic of Sri Lanka, a wife, mother and a sister it is
with the deepest respect and admiration of my country and its People that I graciously
accepted the resumption of my duties yesterday.
I have been bestowed with a breadth of opportunities by my country, a debt which in
my 16 years of service within these hallowed walls of Justice, I have tried to repay. I
believe in that period, I have done my utmost to uphold the rule of law and the
independence of the Judiciary.
My appointment to the Supreme Court in 1996 was not on my initiative as I had never made a request to be

appointed to the Supreme Court as a judge. At that time, I was spending my sabbatical
year, carrying out a Post Doctoral research in Constitutional Law attached to the
University of Virginia in Charlottesville, USA on a Fulbright Fellowship. I was
compelled to accept an invitation extended by the then Government and I returned to
my country, not only abandoning my research, but also the plans made as a family and
thereafter resigned from the position of Associate Professor of Law at the Faculty of
Law of the University of Colombo where I had served for 16 years in different
capacities, including as the Dean of the Faculty of Law as well as the Acting Vice
Chancellor.
The battle which was fought for the past 2 years, was not a personal one but one which
was fought to uphold the rule of law and the integrity and independence of this
institution. I may come and I may go, what matters is not the individual that holds this

esteemed office, but the continued existence of its independence and its ability to
deliver justice without fear, bias or favour.
I could have served in the University as well as in the Judiciary until my 65th birthday,
which would be in April 2023. However, at the time I was appointed as the Chief
Justice in May 2011, I decided to have a five year plan for the enhancement of the
Judiciary and to retire in April 2016 at the age of 58 years. Having that in mind I had
prepared the programme which included several projects that was to be completed by
2016.
Since January 2013, for over 746 days, our lives were in turmoil and peril. In that
period, we as a family; my husband Pradeepa, son Shaveen, my younger sister Renuka
and Brother-in-Law Kapila, not forgetting Heshanthi, encountered immeasurable
harassment and suffering.
It is our togetherness and affection for one another, throughout this period that, I
believe, brought us through these tragic circumstances. For those who have devoted
their lives to their profession, the compulsion to refrain from it, unjustifiably, is a
sentence of imprisonment. When such compulsion is founded upon baseless
allegations, such imprisonment is made even more rigorous and torturous.
In my over 16 years of service within the Judiciary, having delivered over 320
considered Judgments, I have taken utmost care to uphold the esteemed office that is,
of a Judge and Chief Justice. As the bastion of Justice and the last redress of the People
of my country, I considered the position bestowed upon me as one that is sacred and
pure. Witnessing the erosion of Justice and the downfall of this hallowed institution
for the past 746 days was as painful as the personal impact the unlawful impeachment
had on me.
I am eternally grateful to my beloved Mother & Father, Wilson & Flora
Bandaranayake, who passed away 25 years ago. My father, a Provincial Director of
Education and my mother, an English Trained Teacher, were cornerstones in instilling
in me, the values and virtues of serving my country selflessly. No matter the hardships
and obstacles they encountered, wherever they were posted, from time to time, they
took it in stride, knowing that they would be making a positive impact in the lives of
many in the society.
I firmly believe that, in order to instill trust and confidence about the Judiciary in our
society, suitable and qualified people, should adorn this bench. It is an independent
judiciary that would lead to a truly democratic country.

In retrospect, recalling the period of the impeachment, even amidst the baseless
allegations and procedural impropriety that was taking place, it was a strength to
witness the courage of a handful of Superior Court Judges who stood firm in the face of
immense pressure and adversity. It is they who, I believe should be recognized,
appreciated and elevated.
May I take this opportunity, to wish success to my successor, Justice Sripavan, whom I
firmly believe deserves this opportunity to become the legitimate 44th Chief Justice of
the Republic.
I am proud of the steadfast and unwavering volition for service and upholding the oath
of a judge, portrayed by the Judges of the Minor Judiciary. It is indeed comforting to
know that, this institution has yet the opportunity to be adorned by such gems.
Moreover, having witnessed the courage and determined efforts of the young lawyers,
who fought valiantly throughout this period, I believe that the profession has a bright
future and is in safe hands.
May I take this opportunity, to wish success to my successor, Justice Sripavan, whom I
firmly believe deserves this opportunity to become the legitimate 44th Chief Justice of
the Republic.
For a period of over 16 years, so many people in the Supreme Court administration
have assisted me in many ways. This includes, the staff members of the Superior
Courts complex as well. I would not have been able to carry out my duties, if not for
their support, extended to me, so generously. I thank all of them and wish them for a
brighter future.
The battle which was fought for the past 2 years, was not a personal one but one which
was fought to uphold the rule of law and the integrity and independence of this
institution. I may come and I may go, what matters is not the individual that holds this
esteemed office, but the continued existence of its independence and its ability to
deliver justice without fear, bias or favour. I am thankful to be able to bid farewell,
knowing the fact that, generations from now, when society looks back at this occasion
today, it would be remembered as a day in which, time and nature brought about
Justice!
( Dr. Shirani A. Bandaranayake, 43rd Chief Justice of the Republic of Sri
Lanka)

Farewell Ceremony of 43rd Chief Justice

Farewell Ceremony of 43rd Chief Justice

Farewell Ceremony of 43rd Chief Justice

Farewell Ceremony of 43rd Chief Justice

Farewell Ceremony of 43rd Chief Justice

Posted by Thavam