Deshamanya
Deshamanya ( si, දේශමාන්ය, translit=Dēshamāṉya; ta, தேசமான்ய, translit=Tēcamāṉya; Pride of the Nation) is the second-highest national honour of Sri Lanka awarded by the Government of Sri Lanka as a ...
Manicavasagar Vaithalingam (December 17, 1906 - December 12, 1993) was a Sri Lankan lawyer,
Puisne Justice
A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use
The term is used almost exclusively in common law ...
of the
Supreme Court of Sri Lanka
The Supreme Court of Sri Lanka ( si, ශ්රී ලංකා ශ්රේෂ්ඨාධිකරණය, Sri Lanka Sreshthadikaranaya; ta, இலங்கை உயர் நீதிமன்றம், Ilankai uyar neetimanram) is th ...
,
Chancellor
Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
of the
University of Jaffna
The University of Jaffna ( ta, யாழ்ப்பாணப் பல்கலைக்கழகம், translit=Yāḻppāṇap Palkalaikkaḻakam; si, යාපනය විශ්වවිද්යාලය, ''Yāpanaya Viśvavidyālaya''; ...
and
Chairman
The chairperson, also chairman, chairwoman or chair, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the grou ...
of the
Commercial Bank of Ceylon
Commercial Bank of Ceylon PLC (CBC) also known as ComBank is a licensed commercial bank in Sri Lanka and its ownership is private. It was incorporated as a public limited company and it is listed on the Colombo Stock Exchange. It is regarded ...
.
Early years
Vaithalingam was born on December 17, 1906 to prominent
Colombo
Colombo ( ; si, කොළඹ, translit=Koḷam̆ba, ; ta, கொழும்பு, translit=Koḻumpu, ) is the executive and judicial capital and largest city of Sri Lanka by population. According to the Brookings Institution, Colombo me ...
stockbroker
Mudaliyar
Thuluva Vellalar (Thondamandala Tuluva Vellalar), also known as Agamudaya Mudaliars and Arcot Mudaliars, is a caste found in northern Tamil Nadu, southern Andhra Pradesh and southern Karnataka, India. They were originally significant lando ...
Arunachala Vaithalingam. Both his paternal and maternal family hails from the affluent town of
Manipay
Manipay or Maanippaai ( ta, மானிப்பாய்) is an affluent town in the northern Jaffna District of Sri Lanka. The original name of Manipay is Periyapulam. It was a mission location when the American Ceylon Mission (ACM) came to S ...
,
Jaffna
Jaffna (, ) is the capital city of the Northern Province of Sri Lanka. It is the administrative headquarters of the Jaffna District located on a peninsula of the same name. With a population of 88,138 in 2012, Jaffna is Sri Lanka's 12th most ...
. He began his education at the
Royal College, Colombo
Royal College, Colombo is a selective entry boys' school located in Cinnamon Gardens, Colombo, Sri Lanka. Started as a private school by Rev Joseph Marsh in 1835, it was established as the Colombo Academy by Sir Robert Wilmot-Horton in Janua ...
where he excelled in academics and went on to obtain a degree in law from the
Colombo Law College
Sri Lanka Law College (abbreviated as SLLC), formerly known as Ceylon Law College, is a law college, and the only legal institution where one can enroll as a attorney-at-law in Sri Lanka. It was established in 1874, under the then Council of Legal ...
.
Judicial career
Vaithalingam joined the judicial service 9 years after being called to the bar, as an Acting Magistrate in
Mallakan. For over two decades, he functioned as a
Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
and
District Judge in different parts of the island and in October, 1962, he was appointed a
Commissioner of Assize
The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
. He continued as such till his appointment to the
Supreme Court of Ceylon
The Supreme Court of Sri Lanka ( si, ශ්රී ලංකා ශ්රේෂ්ඨාධිකරණය, Sri Lanka Sreshthadikaranaya; ta, இலங்கை உயர் நீதிமன்றம், Ilankai uyar neetimanram) is th ...
in 1964 by Prime Minister
Sirimavo Bandaranaike
Sirima Ratwatte Dias Bandaranaike ( si, සිරිමා රත්වත්තේ ඩයස් බණ්ඩාරනායක; ta, சிறிமா ரத்வத்தே டயஸ் பண்டாரநாயக்கே; 17 April 191 ...
.
Judgments
Mentioned below are a few of the numerous judgments in which Justice Vaithalingam was involved. All of the cases below are from the Supreme Court of Sri Lanka and no judgments from lower courts have been included.
Cases presided over
*Mohideen v. Village Council, Nintavur - NLR - 469 of 68
965LKSC 22; (1965) 68 NLR 469 (14 September 1965).
*The Solicitor General v. WM Podisira - NLR - 502 of 67
965LKSC 23; (1965) 67 NLR 502 (27 August 1965)
*Thenabandu v. Samarasekera - NLR - 472 of 70
967
Year 967 ( CMLXVII) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Spring – Emperor Otto I (the Great) calls for a council at Rome, to present the ne ...
LKSC 1; (1967) 70 NLR 472 (26 November 1967)
*Jayasena v. The Queen - NLR - 369 of 68
966
Year 966 (Roman numerals, CMLXVI) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place Byzantine Empire
* 23 June - Arab-Byzantine Wars, Byzantine-Arab War: Arab-Byzantine ...
LKSC 14; (1966) 68 NLR 369 (12 May 1966)
*Dahanayake v. Kannangara - NLR - 260 of 68
966
Year 966 (Roman numerals, CMLXVI) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place Byzantine Empire
* 23 June - Arab-Byzantine Wars, Byzantine-Arab War: Arab-Byzantine ...
LKSC 24; (1966) 68 NLR 260 (7 February 1966)
*Don Sadiris.L v. Heenhamy.L - NLR - 17 of 68
965LKSC 10; (1965) 68 NLR 17 (20 July 1965)
*Babanisa v. Ukku - NLR - 305 of 68
965LKSC 27; (1965) 68 NLR 305 (13 January 1965)
*The Queen v. Abeysinghe - NLR - 386 of 68
965LKSC 11; (1965) 68 NLR 386 (21 June 1965
Cases in which referred to for Common Law purposes
*Arumugam Coomaraswamy v. Andris Appuhamy and Others - SLR - 219, Vol 2 of 1985
985
Year 985 (Roman numerals, CMLXXXV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Summer – Henry II, Duke of Bavaria, Henry II (the Wrangler) is rest ...
LKSC 8; (1985) 2 Sri LR 219 (19 June 1985)
*Wellington v. Amerasinghe - SLR - 41, Vol 1 of 1987
986
Year 986 (Roman numerals, CMLXXXVI) was a common year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* August 17 – Battle of the Gates of Trajan: Emperor Basil ...
LKSC 38; (1987) 1 Sri LR 41 (10 November 1986)
*Subair v. Isthikar - NLR - 397 of 77
974
Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who has ...
LKSC 5; (1974) 77 NLR 397 (3 July 1974)
*WAHemadasa v. JL Sirisena - NLR - 201 of 69
966
Year 966 (Roman numerals, CMLXVI) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place Byzantine Empire
* 23 June - Arab-Byzantine Wars, Byzantine-Arab War: Arab-Byzantine ...
LKSC 29; (1966) 69 NLR 201 (22 September 1966)
*Jeyaraj Fernandopulle v. Premachandra De Silva and Others - SLR - 70, Vol 1 of 1996
996
Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Japan
* February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...
LKSC 14; (1996) 1 Sri LR 70 (9 July 1996)
*Gunaratne Menike v. Jayatileke Banda - SLR - 152, Vol 2 of 1995
994
Year 994 ( CMXCIV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* September 15 – Battle of the Orontes: Fatimid forces, under Turkish gener ...
LKSC 43; (1995) 2 Sri LR 152 (13 December 1994)
Post-Judicial Career
After retiring from the Supreme Court, Vaithalingam was appointed
Chairman
The chairperson, also chairman, chairwoman or chair, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the grou ...
of the
Commercial Bank of Ceylon
Commercial Bank of Ceylon PLC (CBC) also known as ComBank is a licensed commercial bank in Sri Lanka and its ownership is private. It was incorporated as a public limited company and it is listed on the Colombo Stock Exchange. It is regarded ...
and was then appointed as the first
Chancellor
Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
of the
University of Jaffna
The University of Jaffna ( ta, யாழ்ப்பாணப் பல்கலைக்கழகம், translit=Yāḻppāṇap Palkalaikkaḻakam; si, යාපනය විශ්වවිද්යාලය, ''Yāpanaya Viśvavidyālaya''; ...
.
In Retirement, he was a member of both the Citizen Committee and the Delimitation Committee among many others. A devote Hindu, he also served as President of the Educational Society for many years.
As Chancellor of the University of Jaffna
Vaithalingam was appointed as the first Chancellor of the University of Jaffna by the President of Sri Lanka with effect from the first of January, 1979. In the course of his tenure, which lasted half a decade, he presided over the first convocation held at the Veerasingam Hall on the 13th of September 1980 and also delivered the very first convocation address. He was also conferred with a
Doctorate
A doctorate (from Latin ''docere'', "to teach"), doctor's degree (from Latin ''doctor'', "teacher"), or doctoral degree is an academic degree awarded by universities and some other educational institutions, derived from the ancient formalism ''l ...
by the University.
Deshamanya
Vaithalingam was awarded the
Deshamanya
Deshamanya ( si, දේශමාන්ය, translit=Dēshamāṉya; ta, தேசமான்ய, translit=Tēcamāṉya; Pride of the Nation) is the second-highest national honour of Sri Lanka awarded by the Government of Sri Lanka as a ...
Award within two years of its founding in 1987. He was the first Sri Lankan Tamil to receive the award and the appearance of common ground between the government and a prominent Tamil caused an adverse reaction from the
Liberation Tigers of Tamil Eelam
The Liberation Tigers of Tamil Eelam (LTTE; ta, தமிழீழ விடுதலைப் புலிகள், translit=Tamiḻīḻa viṭutalaip pulikaḷ, si, දෙමළ ඊළාම් විමුක්ති කොටි, t ...
. The LTTE called on him to refuse the reward, if he valued his life; however, Vaithalingam defied the outfit and accepted the honour.
Ethnic Conflict
In the citizens committee chaired by his good friend and former colleague on the bench, O. L. de Kretser, he worked on the Report of the Commission of Inquiry, on the Tragedy of January Tenth 1974 along with Bishop Sabapathy Kulendran of the Church of South India in Jaffna.
Language Rights
Personal life
Vaithalingam married Valamba, the eldest daughter of Nannithamby Selliah of Rosmead Place - son of
Visva Udayar Sangarapillai Nannithamby, Broker of Mackwood & Co. & his wife Sellam, daughter of Kandarthamby Kandiah (Chattambiar) - and sister of
Justice Siva Selliah,
High Court Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
.
They have two children: (1)Arunachala Manicavasagar,
JP, who married Skandaleela - daughter of Proctor Sivakolundu Rajendran (
JP,
NP) and his wife Kamalambigai, youngest daughter of Stowell Elaithamby Murgesampillai - and his younger sister, (2)Nirmala Ragunanthan, who was married to the late Ragunanthan Thambimutha, Managing Director of Raniyo (Pvt) Ltd. Both of his children continue to live in Colombo while his grandchildren reside in North America.
Vaithalingam and his wife were prominent members of the upper echelons of society; however, he and his wife were both devout
Hindus
Hindus (; ) are people who religiously adhere to Hinduism.Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for ...
engaged in several charitable works. Vaithalingam was very close to his wife and largely left society life for a spiritual undertaking and much-subdued persona following her passing.
Vaithalingam remained close friends with
Junius Richard Jayewardene
Junius Richard Jayewardene ( si, ජුනියස් රිචඩ් ජයවර්ධන, ta, ஜூனியஸ் ரிச்சட் ஜயவர்தனா; 17 September 1906 – 1 November 1996), commonly abbreviated in Sri Lanka as ...
up until his death in 1993. As per an anecdote by Justice Naharaja, when the former president came to visit Vaithalingam while he was on his deathbed, Vaithalingam in a sour state joked about the workings of society by telling Jayewardene that though he had time and again bested him in every academic endeavor throughout their academic career, he had only become a Supreme Court Judge whilst it was Jayewardene that had become President - questioning the workings of society. The statement was quickly laughed away.
Notes
*
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*
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*
Commons:File:Justice V. Manicavasagar Supreme Court Reference 3.JPG
*
Commons:File:Justice V. Manicavasagar Supreme Court Reference 4.JPG
*
Commons:File:Justice V. Manicavasagar Supreme Court Reference 5.JPG
{{DEFAULTSORT:Manicavasagar, V.
1906 births
1993 deaths
Alumni of Sri Lanka Law College
Alumni of Royal College, Colombo
Chancellors of the University of Jaffna
Deshamanya
People of British Ceylon
Sri Lankan Hindus
Sri Lankan Tamil judges
Sri Lankan Tamil lawyers
Puisne Justices of the Supreme Court of Ceylon
District Courts of Sri Lanka judges
Magistrates of Sri Lanka