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The end of an epoch
View(s):Justice J. F.A. Soza (1919-2013)
The demise of Justice J.F.A. Soza, (Anton Soza to many of his friends), the exemplary and eminent judge of the original courts, the outstanding puisne judge of the Supreme Court of Sri Lanka, the Teacher of judges and erudite jurist, signifies end of an epoch in the judicial and legal history of this country.
He died at the ripe old age of 94 , at the end of a rich and fruitful life. He counted over five decades of unblemished service from original courts to the Apex Court, with great acceptance and total acclaim. It is well-nigh impossible to conceive of another of such calibre where his vibrant personality, ready wit and humour, humaneness and extraordinary qualities of head and heart could be found blended in one single individual.
Tall, erect and upright in physical stature, he stood out amongst his fellowmen. His remarkable ability to move socially with the lawyers, who appeared before him, be it a friendly cricket encounter or a social get-together, was well known. It is equally well known that he at the same time maintained that total judicial distance between the bench and bar in the day-to-day dispensation of justice in an atmosphere of dignity and decorum interspersed with his sparkling wit and humour. Any junior who appeared before him will vouch for the fact that he went out of his way to guide them in the path of rectitude both in law and procedure.
It was my good fortune to appear before him over 45 years ago as a young advocate in the District Court of Galle where from the very inception he evinced those noble qualities of judicial integrity, independence and the upholding of the Rule of Law.
He was an absolutely sincere and hardworking judge. He believed, first and foremost that mastery over the facts of the case before him was vital in the just and fair disposal of the case.
It was routine in that period in the history of our judicial practice that the “arachchi” of the court collects the records of cases for trial and inquiry in the cause list for the following day and deposit them in a trunk in the boot of the judge’s car and hand over the key of the trunk to the judge when he leaves his chambers after his day’s work.
Thus Anton Soza having become fully conversant with the next days’ case was in full control to manage the precious judicial time available to him without unnecessary delay or postponement. Thus it was rarely that Soza could be misled on the facts of the case.
Anton Soza was a keen student of the Civil law and practice. Those days when photocopying was not in vogue, Mr. Soza used to copy by hand in his private notebook pleadings drafted by particularly such leading luminaries who practiced in Galle District Courts like the late Advocate A. Mampitya. It was this passion to imbibe the essence of the law that stood in good stead in his quick but well deserved ascendency to the highest rung in the judicial ladder.
In this context, he would recommend the Galle bar as the “Institute of Higher Legal Studies” to members of the judiciary on transfer to the District Court of Galle. He was particular in the proper maintenance of the case record of the case which he said was the final refuge of the litigant in his pursuit of the justice of the case.
After his sojourn in the Southern Provincial Court we watched with great admiration and acclaim his rise to the Apex of the judicial structure of the country. His comprehensive judgments, The Judges Journal published by the judge’s institute of which he was the director, and his other legal writings will bear ample testimony to his erudition, his profound insight into the Law, his hard work and his inimitable classical literary style.
It is said that the first step is the last step in life. In the fulfillment of good and noble life, the means must necessarily justify the end. It is this initial path of virtue and rectitude trod by justice Soza from the very inception that led to the ultimate flowering of his brilliant career in the highest court of the land.
Justice Soza belonged to an era where the young future candidates to the judiciary were selected by a process akin to the Darwinian theory of Natural Selection. Those were the times when the Supreme Court judges periodically presided in the Assizes in the exercise of the Criminal jurisdiction in the provinces.
Inevitably young lawyers were constraint to appear before their Lordships as counsel assigned by court to assist the court in the defence of the accused arraigned by the State. Their Lordships, who were rich in wisdom and profound judges of men and matters judging the performance and other qualities of these young lawyers would handpick them and recommend them as future original court judges on their honesty, integrity, grasp of the law and forensic ability and general merit.
In the circumstances prevailing in those times it was the most satisfactory salutary and incorruptible method of the initial selection of judges and recommending them to the appointing authority. With the establishment of the high courts, this system has given way to the present degenerate method of judicial selection. Thus the present day appointees to the judiciary are made wholly subservient and docile to the extraneous forces that are responsible for their appointment on which they depend for their very survival, their future prospects, the choice of the station and even the safety of their life and limb.
This appreciation of justice Soza was prompted by my deep love and admiration born out of my personal association with him. But remembering the life and times of Anton Soza serves a much larger inspirational purpose: In these times in our judicial and legal history where the bench and the bar are at the crossroads as they have never encountered ever before or even conceived at any period of their existence, the epoch-making saga of justice Soza will serve to instill in the minds of the future generations that there was such a man who stood tall with his head high striding the judicial landscape nourishing and nurturing the immutable and eternally valid values like the integrity, independence and the non-negotiability of the judiciary, the upholding of the Rule of Law and the inviolability of the courts of justice.
Thus delving into the life and work of Anton Soza serves a vital historical purpose namely a study in sharp contrast with the THEN and NOW.
Anton Soza was a devout catholic. He believed in solidarity and devotion to his family, his beloved wife, son Harsha and daughter. They were the centre of his love and devotion, apart from his dedication to his career. He lovingly watched over his son Harsha in the building up of a brilliant legal career culminating in his being conferred Silks several years ago which he well deserved. To Anton Soza his son’s elevation was the jewel in his crown.
Good Bye Sir,
May you find eternal bliss and peace
S. W. Lewke Bandara P.C
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