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{{For|disambiguation|Sarath (disambiguation){{!}}Sarath}}
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|alma_mater = [[Sri Lanka Law College]]<br>[[University of Brussels]]
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'''Sarath Nanda Silva [[President's Counsel (Sri Lanka)|PC]]''' is a former [[Chief Justice of Sri Lanka|Chief Justice]] of the [[Supreme Court of Sri Lanka]].
'''Sarath Nanda Silva [[President's Counsel (Sri Lanka)|PC]]''' served as the 41st [[Chief Justice of Sri Lanka|Chief Justice]] of the [[Supreme Court of Sri Lanka]].


He obtained his Primary and Secondary school education at [[Trinity College (Kandy)|Trinity College Kandy]] and continued to [[Sri Lanka Law College]]. Prior to civil service, his achievements included work obtaining a [[Master of Laws]] degree [[Magna Cum Laude]] from the [[University of Brussels]]. He was admitted as an Advocate of the [[Supreme Court of Sri Lanka]] in June 1967 and commenced his career in the [[Attorney General of Sri Lanka|Attorney General]]'s department in 1968 as a [[Crown Counsel]]. He was promoted to [[State Counsel|Senior State Counsel]] in 1975 and [[Solicitor General of Sri Lanka|Deputy Solicitor-General]] in 1979. Appointed as a [[Judge]] of the Sri Lankan [[Court of Appeal]] in 1987.President Wijethunga refused to promote the contravercial judge<ref>Sarath N Silva The bully.Sunday Leader.22 May 2014.Available Online</ref> however he later became the President of the Court in 1994 when Thilak Marapone persuaded the president to do so.<ref name="official site">http://www.justiceministry.gov.lk/courts of Law/THE SUPREME COURT OF SRI LANKA.htm</ref>
He obtained his Primary and Secondary school education at [[Trinity College (Kandy)|Trinity College Kandy]] and continued to [[Sri Lanka Law College]]. Prior to civil service, his achievements included work obtaining a [[Master of Laws]] degree [[magna cum laude]] from the [[Free University of Brussels (1834–1969)|University of Brussels]]. He was admitted as an Advocate of the [[Supreme Court of Sri Lanka]] in June 1967 and commenced his career in the [[Attorney General of Sri Lanka|Attorney General]]'s department in 1968 as a [[Crown Counsel]]. He was promoted to [[State Counsel|Senior State Counsel]] in 1975 and [[Solicitor General of Sri Lanka|Deputy Solicitor-General]] in 1979. Appointed a [[Judge]] of the Sri Lankan [[Court of Appeal]] in 1987, he later became the President of the Court in 1994.<ref name="official site">http://www.justiceministry.gov.lk/courts{{dead link|date=March 2018 |bot=InternetArchiveBot |fix-attempted=yes }} of Law/THE SUPREME COURT OF SRI LANKA.htm</ref>


==Controversial appointments and impeachment==
==Controversial appointments and impeachment==
Justice Silva was seen as close to [[President]] [[Chandrika Kumaratunga]] when first appointed to the Supreme Court in 1995, then serving under her as [[Attorney General of Sri Lanka|Attorney-General]] in 1996 and was appointed a [[President's Counsel (Sri Lanka)|President's Counsel]] the same year. His appointment as Chief Justice in 1999 evoked widespread protest in the media on concerns of there being more qualified and experienced judges in Sri Lanka, and [[Chandrika Kumaratunga]] was perceived as using him to control Court decisions.{{Citation needed|date=February 2010}} In his short term on the Court, he had contributed to and rendered decision on many Court cases that appeared to satisfy the Executive President's political needs.{{Citation needed|date=February 2010}}
Justice Silva was seen as close to [[President (government title)|President]] [[Chandrika Kumaratunga]] when first appointed to the Supreme Court in 1995, then serving under her as [[Attorney General of Sri Lanka|Attorney-General]] in 1996 and was appointed a [[President's Counsel (Sri Lanka)|President's Counsel]] the same year. His appointment as Chief Justice in 1999 evoked widespread protest in the media on concerns of there being more qualified and experienced judges in Sri Lanka, and [[Chandrika Kumaratunga]] was perceived as using him to control Court decisions.{{Citation needed|date=February 2010}} In his short term on the Court, he had contributed to and rendered decision on many Court cases that appeared to satisfy the Executive President's political needs.{{Citation needed|date=February 2010}}


⚫
In March 2003, the [[British Refugee Council]] released findings on the situation, citing a report from August 2001 where [[International Bar Association]] (IBA) concluded that there was "an overwhelming need for an independent credible judicial system"{{Citation needed|date=February 2010}} in Sri Lanka. It detailed instances of lack of accountability, breach of natural justice and potential for undue interference, as well singling out which positions should be protecting the rule of law. The position of Chief Justice was mentioned as one of possible abuse.
'''Contraversial Judgements Passed By Sarath N Silva'''
His career as a legal officer was unblemished and was well deserved to be promoted as a judge in the court of appeal in 1987.His true colour started to appear since then.<ref>Sarath N Silva .The Bully.Sunday Leader.22 May 2014.Available Online</ref>When his wife Manorani filed a devorced case against him Sarath N Silva blatently interfered with it and helped his girl friend Damayanthie to obtain an one sided judgement in her devorce case.<ref>Sarath N Silva.The bully.Sunday Leader.22 May 2014.Available Online</ref>When Anthony Emmanuelle Fernando appealed the suprime court to re-file a case that had been dropped twice,in which Sarath N Silva himself was a respondent ,he jailed the appaelent <ref>Basil Fernando.Adoo Chief Justice Hooo.Colombo Telegraph.Nov 13 2012</ref>

⚫
.In March 2003, the [[British Refugee Council]] released findings on the situation, citing a report from August 2001 where [[International Bar Association]] (IBA) concluded that there was "an overwhelming need for an independent credible judicial system"{{Citation needed|date=February 2010}} in Sri Lanka. It detailed instances of lack of accountability, breach of natural justice and potential for undue interference, as well singling out which positions should be protecting the rule of law. The position of Chief Justice was mentioned as one of possible abuse.


A [[conflict of interest]] came before Silva in June 2001 when an impeachment notice for his position was restrained by his very court.<ref name="SLM">{{cite journal|date=March 2003|title=Chief Justice Sarath Silva accused of injustice|journal=The Sri Lanka Monitor|publisher=British Refugee Council|location=UK|issue=182|issn=0955-5943|url=http://brcslproject.gn.apc.org/slmonitor/March2003/index.html}}</ref>
A [[conflict of interest]] came before Silva in June 2001 when an impeachment notice for his position was restrained by his very court.<ref name="SLM">{{cite journal|date=March 2003|title=Chief Justice Sarath Silva accused of injustice|journal=The Sri Lanka Monitor|publisher=British Refugee Council|location=UK|issue=182|issn=0955-5943|url=http://brcslproject.gn.apc.org/slmonitor/March2003/index.html}}</ref>


In August 2001, the [[International Bar Association]] (IBA) concluded that there was "an overwhelming need for an independent credible judicial system" in Sri Lanka. It detailed instances of lack of accountability, breach of natural justice and potential for undue interference and pointed out that institutions which should be protecting the rule of law, including the President, government and the Chief Justice, were acting to undermine it. The IBA further opined that other Court members had been removed by Chief Justice Silva without inquiry.<ref name="SLM" /> Despite these issues, he remained Chief Justice until retirement until 5 June 2009.<ref name="official site" />
In August 2001, the [[International Bar Association]] (IBA) concluded that there was "an overwhelming need for an independent credible judicial system" in Sri Lanka. It detailed instances of lack of accountability, breach of natural justice and potential for undue interference and pointed out that institutions which should be protecting the rule of law, including the President, government and the Chief Justice, were acting to undermine it. The IBA further opined that other Court members had been removed by Chief Justice Silva without inquiry.<ref name="SLM" /> Despite these issues, he remained Chief Justice until retirement until 5 June 2009.<ref name="official site" />



==References==
==References==
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{{s-bef|before=[[G. P. S. de Silva]]}}
{{s-bef|before=[[G. P. S. de Silva]]}}
{{s-ttl|title=[[Chief Justice of Sri Lanka]]|years=1999-2009}}
{{s-ttl|title=[[Chief Justice of Sri Lanka]]|years=1999–2009}}
{{s-aft|after=[[Asoka de Silva (justice)|Asoka de Silva]]}}
{{s-aft|after=[[Asoka de Silva (justice)|Asoka de Silva]]}}
{{s-bef|before=[[Shibly Aziz]]}}
{{s-bef|before=[[Shibly Aziz]]}}
{{s-ttl|title=[[Attorney General of Sri Lanka]]|years=1996-1999}}
{{s-ttl|title=[[Attorney General of Sri Lanka]]|years=1996–1999}}
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{{Attorney General of Sri Lanka}}
{{Attorney General of Sri Lanka}}


{{authority control}}
{{Persondata <!-- Metadata: see [[Wikipedia:Persondata]]. -->

| NAME =Silva, Sarath N.
| ALTERNATIVE NAMES =
| SHORT DESCRIPTION = Sri Lankan judge
| DATE OF BIRTH =
| PLACE OF BIRTH =
| DATE OF DEATH =
| PLACE OF DEATH =
}}
{{DEFAULTSORT:Silva, Sarath N.}}
{{DEFAULTSORT:Silva, Sarath N.}}
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[[Category:Sinhalese people]]
[[Category:Sri Lankan Buddhists]]
[[Category:Sri Lankan Buddhists]]
[[Category:Chief Justices of Sri Lanka]]
[[Category:Chief justices of Sri Lanka]]
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[[Category:Sinhalese people]]
[[Category:President's Counsels (Sri Lanka)]]
[[Category:President's Counsels (Sri Lanka)]]
[[Category:Living people]]
[[Category:Living people]]
[[Category:Year of birth missing (living people)]]
[[Category:Attorneys general of Sri Lanka]]
[[Category:Attorneys General of Sri Lanka]]
[[Category:Alumni of Sri Lanka Law College]]
[[Category:Alumni of Sri Lanka Law College]]
[[Category:21st-century Sri Lankan people]]
[[Category:21st-century Sri Lankan people]]
[[Category:Court of Appeal of Sri Lanka judges]]
[[Category:Court of Appeal of Sri Lanka judges]]
[[Category:President of the Court of Appeal of Sri Lanka]]
[[Category:Presidents of the Court of Appeal of Sri Lanka]]
[[Category:1946 births]]
[[Category:Alumni of Trinity College, Kandy]]

Latest revision as of 17:45, 15 October 2024

For disambiguation, see Sarath.
Sarath N. Silva
PC
41st Chief Justice of Sri Lanka
In office
16 September 1999 – 7 June 2009
Appointed byChandrika Kumaratunga
Preceded byG. P. S. de Silva
Succeeded byAsoka de Silva
38th Attorney General of Sri Lanka
In office
1996–1999
Preceded byShibly Aziz
Succeeded byK. C. Kamalasabayson
President of the Sri Lankan Court of Appeal
In office
1987 – 1994, 1994–1995 (President)
Personal details
Born (1946-05-17) 17 May 1946 (age 78)
Alma materSri Lanka Law College, University of Brussels

Sarath Nanda Silva PC served as the 41st Chief Justice of the Supreme Court of Sri Lanka.

He obtained his Primary and Secondary school education at Trinity College Kandy and continued to Sri Lanka Law College. Prior to civil service, his achievements included work obtaining a Master of Laws degree magna cum laude from the University of Brussels. He was admitted as an Advocate of the Supreme Court of Sri Lanka in June 1967 and commenced his career in the Attorney General's department in 1968 as a Crown Counsel. He was promoted to Senior State Counsel in 1975 and Deputy Solicitor-General in 1979. Appointed a Judge of the Sri Lankan Court of Appeal in 1987, he later became the President of the Court in 1994.[1]

Controversial appointments and impeachment

[edit]

Justice Silva was seen as close to President Chandrika Kumaratunga when first appointed to the Supreme Court in 1995, then serving under her as Attorney-General in 1996 and was appointed a President's Counsel the same year. His appointment as Chief Justice in 1999 evoked widespread protest in the media on concerns of there being more qualified and experienced judges in Sri Lanka, and Chandrika Kumaratunga was perceived as using him to control Court decisions.[citation needed] In his short term on the Court, he had contributed to and rendered decision on many Court cases that appeared to satisfy the Executive President's political needs.[citation needed]

In March 2003, the British Refugee Council released findings on the situation, citing a report from August 2001 where International Bar Association (IBA) concluded that there was "an overwhelming need for an independent credible judicial system"[citation needed] in Sri Lanka. It detailed instances of lack of accountability, breach of natural justice and potential for undue interference, as well singling out which positions should be protecting the rule of law. The position of Chief Justice was mentioned as one of possible abuse.

A conflict of interest came before Silva in June 2001 when an impeachment notice for his position was restrained by his very court.[2]

In August 2001, the International Bar Association (IBA) concluded that there was "an overwhelming need for an independent credible judicial system" in Sri Lanka. It detailed instances of lack of accountability, breach of natural justice and potential for undue interference and pointed out that institutions which should be protecting the rule of law, including the President, government and the Chief Justice, were acting to undermine it. The IBA further opined that other Court members had been removed by Chief Justice Silva without inquiry.[2] Despite these issues, he remained Chief Justice until retirement until 5 June 2009.[1]


References

[edit]
  1. ^ a b http://www.justiceministry.gov.lk/courts[permanent dead link‍] of Law/THE SUPREME COURT OF SRI LANKA.htm
  2. ^ a b "Chief Justice Sarath Silva accused of injustice". The Sri Lanka Monitor (182). UK: British Refugee Council. March 2003. ISSN 0955-5943.
Legal offices
Preceded by Chief Justice of Sri Lanka
1999–2009 		Succeeded by
Preceded by Attorney General of Sri Lanka
1996–1999 		Succeeded by
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