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More on the Legal Drafgtsman’s Dept. and those who adorned it

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Legal Draftsman’s Department today

Excerpted from a Cabinet Secretary’s Memoirs by BP Peiris

(Continued from Apr. 9)

Mervyn was succeeded as Legal Draftsman by P. C. Villavarayan, a classical scholar from Oxford and a great gentleman, so polished in his manners that he never liked to hurt anyone else’s feelings. He always had a Greek and a Latin book on his table: Martial’s Epigrams, Vergil, or the Greek Anthology to check up on quotations. Apart from being a scholar, he was a philosopher and his philosophy was obviously based on and influenced by his classical training.

He was never worried; he was never flurried; and he never seemed to be in a hurry. His ordinary letters were short essays in English, polished and cultured. He was the politest of men; but when the occasion demanded, he could be the firmest also. He had integrity and strength of character and was not prepared to knuckle down to others.

When I started as a temporary draftsman, P. C. V. was asked to supervise my work. He went out of his way to help me. I worked in his room and we lunched together in an ante-room. There has always been a camaraderie among the legal profession and age did not seem to count. I had rice and curry from home. He existed on four cheese sandwiches, two plantains and an apple.

His lunch was the same every day and, as if his doctor had prescribed it, he always consumed the three items of his diet in the order mentioned, the apple coming last. He gave no explanation for this rigid habit—how could he?—for he was robust and in the best of health. In spite of the age difference between the two of us, he was a genial companion.

Colonel Halland, the new Inspector-General of Police imported from India, was an imperialist and a snob. Admiral Layton, the Commander-in-Chief, once summoned a conference to decide on the steps to be taken to impose a blackout. It was attended by senior officers of the Police, the Local Government Department, the Controller of Motor Traffic, others concerned with various aspects of the problem, and P. C. V. Decisions were reached and orders given that the necessary draft legislation should be got ready as soon as possible for the consideration of the Commander-in-Chief. The next day, while I was in P. C. V.’s room, his telephone rang. Col. Halland was on the line and the following conversation took place:

Halland – About yesterday’s conference, I have fixed a meeting in my room for 11 a.m. today and I expect to see you here. I hope the time suits you.

V. – The time suits me, Col. Halland. Meetings of this nature are always held in my chambers and I will be waiting for all of you here.

H. – But why is that? I have called this meeting.

V. – That is correct, but on yesterday’s decisions, a legal draft has to be prepared, and that is always done in my Chambers.

H. – You must remember that I am the Head of a large and important Department.

V. – I know that, Col. Halland, but you have not been long enough in this country to know that I am the head of a very small but very important department.

H. – What is the principle about this?

V. – There is no principle. It has always been the practice. But if you want to know, I suppose it is on the basis that the client comes to the lawyer, not the lawyer to the client.

H.- But you ate not putting me in the position of an ordinary client? I told you that I am the head of a very big department.

V. – Well, Col. Halland, Admiral Layton has ordered you to produce a draft of the proposed legislation. If you can prepare it, please do so. If you want me to prepare it, it will be done in my Chambers.

H. – I shall report this to the Legal Secretary.

V. – Please do so. He knows the practice.

The conference was held in the Legal Draftsman’s Chambers, but Halland did not attend. The bubble of his arrogance had been pricked by Villavarayan and he sent a subordinate officer to represent him. That was how the Defence (Blackout) Regulations came to be drafted.

I was asked to draft a set of Defence Regulations for the formation of a Women’s Auxiliary Corps. At that time we had the WRENS and the WAAFS here, and I had therefore to draft in such a way that our girls would not be mistaken for the foreigners. Following normal office routine, my draft found its way into P. C. V.’s tray. After he had been through it, he sent for me and said something like this: “Peiris, in your regulations, you have grossly insulted the women who will be the members of this Corps. Look at the name you have given to the Corps – ‘Ceylon Auxiliary Territorial Service’ – Can these women carry the letters CATS on their caps? I am altering it to ATS (C). In the second place, you are guilty of gross cruelty to the women. Look at your regulation 18, which deals with uniforms. You say here that medals shall be pinned on the left breast. I cannot possibly let that pass.” And he altered the word “breast” to “lapel of the coat.” My regulation had been taken over rather carelessly from a corresponding regulation relating to a men’s regiment.

P. C. V. retired at 55 when he could have worked till sixty because, as he said, he was disappointed with the D.S. Senanayake regime. D.S. had P. C. V.’s salary increased by £ 200 on the condition he would not ask to be considered for appointment to the Supreme Court Bench.

On his retirement, he refused a farewell by his office staff, came to the office on his last day of work, and walked out at the end of the day without saying “Good-bye” to a single one of his colleagues or the members of the staff. We were all sorry he left us in this way.

At the time when Mervyn was Draftsman, P. C. V., the senior assistant and I, a temporary assistant; the next in the line of succession was Harry Wendt, a son of Mr Justice Wendt and a brother of Lionel, a name too well known in Ceylon and abroad to need any special reference from me. Harry was a well-bred, well-read gentleman. There is one thing that a legal draftsman dislikes, and that is to be disturbed in the middle of his drafting; it breaks his train of thought.

This sort of disturbance never seemed to affect Harry. He was ever ready to put his draft away and give us, Juniors, his advice on a matter of law or drafting whenever his advise was sought. He would put his own papers away, listen to our problem, bring his mind to bear on our difficulty, and then tell us how we should proceed with our draft. A gracious, patient man.

Harry had few friends. He used to come to my house in a rickshaw, dressed in a well-starched suit. He liked informality and was in the habit of taking his coat off and making himself comfortable in my armchair. Then followed, over a drink, a very interesting conversation lasting a couple of hours. I once kept him to dinner. We had string hoppers, chicken curry and a very hot sambol, prepared by my wife at Harry’s special request. Harry enjoyed the sambol, but towards the end of the meal, tears were streaming out of his eyes and he called them tears of joy.

Harry was a slow but a very thorough draftsman. After several years of drafting, he became tired of the work; the strain was beginning to tell on him and he desired a change. Drayton said that no man ought to be kept as a draftsman for more than 10 years. Howard, who was then Legal Secretary was sympathetic, and asked Harry whether he would like to go as Additional District Judge, Nuwara Eliya, which post was at that moment vacant.

The change of work and the climate would have done Harry a world of good. Harry was happy and accepted, but Mervyn, as Head of Department said that he could not be released. Harry never forgave Mervyn for that. Later, everyone saw the reasonableness of Harry’s request for a change of work and Villavarayan saw to it that he went as Additional District Judge of Galle.

I asked Harry what he would do, never having been a judge before, if one of the lawyers suddenly rose before him and raised a preliminary objection. He said that he had been so long drafting that he had forgotten the niceties of the practice of the law. He said he would ask the lawyer under what provision of law he was objecting, would then ask counsel on the other side what he had to say, and, having listened to both sides, would be in a position to make up his own mind and make his order.

He proposed, as much as possible, to keep his mouth shut on the Bench and pretend to be wise, as any sensible judge would, and listen carefully to the arguments presented to him. He was a most popular and acceptable judge. From Galle he came fora short time as Commissioner of Requests, Colombo and, again, carried the office with great dignity.

He died suddenly while having dinner at a friend’s house, in 1945, at the early age of 41. His brother had pre-deceased him, leaving him the patrimony. They came from a very wealthy family. I was a witness to Harry’s last will. After making extremely generous legacies in favour of his servants, he left the entire residue for a trust in the name of his brother. We have today the Lionel Wendt Memorial Hall.

He himself wished to be forgotten. I believe, he left something like Rs 60,000 to his head boy, and lesser amounts to his other servants in proportion to their length of service. One servant got his motor car. This sudden windfall, entirely unexpected, turned the boys’ heads. The head boy, a married man, with a wife and children, used his money to build himself a house. The servant who received the car, ran it for hire and crashed into a bollard. The younger servants took their money to the racecourse and very soon ended up as paupers.

The usual tributes were paid to him in the District Court of Galle and the Court of Requests, Colombo. One of his friends wrote: Others will, out of their qualifications and experience, speak of the contributions which Harry Wendt made to the intellectual dignity of Ceylon, both in the draftsmanship of the law and its adjudication. But there are many who will not soon forget the incomparable quality of gentle friendship which this sensitive man had, and which, lightened by a wit and much intimacy with cultivated ideas and civilized thought, he gave out freely and with catholicity. Ceylon is much impoverished by the passing of the Wendts, Harry so soon after Lionel; but their standards are clearly there for us to see.”

Another friend said: It was only the other day that Harry Wendt and 1, after calling on a friend, drove together to the sea front and there talked, among other things, of his plan for the future. He looked forward, in the years ahead, to resuming a practice at the Bar, in which he felt there would be a field under the constitution to be, and, upon my urging, almost assented to writing a comprehensive treatise on the laws of Ceylon, written as only he could have written, with erudition, lucidity, ease, grace and a meditative balance of mind. Well, that locus classicus on the laws of Ceylon, which only Harry Wendt could have written, will now never be written. It is indeed inscrutable that glorious spirits like these should pass away while gnomes and ghouls remain and flourish.

On Harry’s death in 1945 and Mervyn Fonseka’s in 1946, each of the assistants rose two steps up the departmental ladder – Clifford Pereira’s third and fourth correct predictions. The Department now consisted of Villavarayan, Legal Draftsman, H. N. G. Fernando (now Chief Justice), myself, and the following in order of seniority – James Homer-Vanniasinkam (later acting Attorney-General, Seychelles), A. W. H. Abeysundera (later Puisne Justice), S. Namasivayam (later Parliamentary Counsel, Ghana), Percy de Silva (now Legal Draftsman) and S. Mahadeva. It is gratifying to note that views in high quarters have changed and that a legal draftsman is no longer considered merely as a quill-driver and a scissors and paste artist.

H. N. G. was the most brilliant man I have been privileged to work with. He had a brain like a razor blade, sharp and quick. When he was asked to draft a Bill, he would roll the scheme in his mind for four or five days without putting pencil to paper. He would then have the Bill firmly fixed in his mind, call the stenographer and dictate the entire Bill, a thing which no other draftsman ever dared to attempt.

We would struggle with our pencil, write something, cut it out, write again, rewrite and so on ad infinitum. To listen to him dictating a Bill was a treat. Naturally, he would go wrong on a few cross-references, but these mistakes were not many. All in all, it was an amazing piece of work and a feat of memory.

Fernando and I had, one day, to meet a deputation of three senior doctors from the Ministry of Health over an amendment of the Schedules to the Poisons, Opium and Dangerous Drugs Ordinance. The names of the Drugs specified in the Schedules were long and commuted from the Schedule. After a few hours’ discussion, we arrived at decisions, and H. N. G. asked the doctors how long they would take to send him their report and instructions.

He was surprised to hear that the doctors would need about six weeks. He asked them whether they could wait about half an hour longer, called a stenographer and dictated the doctors’ report, having told them to correct him if he was wrong, and the doctors had not a single correction to make.

Some time -after H. N. G. became Legal Draftsman on P. C. V’s retirement, he applied for silk. Alan Rose, the Attorney-General sat on the file and nothing came of it. But other honours were to come his way later. He was awarded the O.B.E., but the greatest honour was when he was made Puisne Justice and wore his late father’s scarlet robes.



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Features

Cyclones, greed and philosophy for a new world order

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Floods caused by Cyclone Ditwah in Sri Lanka

Further to my earlier letter titled, “Psychology of Greed and Philosophy for a New World Order” (The Island 26.11.2025) it may not be far-fetched to say that the cause of the devastating cyclones that hit Sri Lanka and Indonesia last week could be traced back to human greed. Cyclones of this magnitude are said to be unusual in the equatorial region but, according to experts, the raised sea surface temperatures created the conditions for their occurrence. This is directly due to global warming which is caused by excessive emission of Greenhouse gases due to burning of fossil fuels and other activities. These activities cannot be brought under control as the rich, greedy Western powers do not want to abide by the terms and conditions agreed upon at the Paris Agreement of 2015, as was seen at the COP30 meeting in Brazil recently. Is there hope for third world countries? This is why the Global South must develop a New World Order. For this purpose, the proposed contentment/sufficiency philosophy based on morals like dhana, seela, bhavana, may provide the necessary foundation.

Further, such a philosophy need not be parochial and isolationist. It may not be  necessary to adopt systems that existed in the past that suited the times but develop a system that would be practical and also pragmatic in the context of the modern world.

It must be reiterated that without controlling the force of collective greed the present destructive socioeconomic system cannot be changed. Hence the need for a philosophy that incorporates the means of controlling greed. Dhana, seela, bhavana may suit Sri Lanka and most of the East which, as mentioned in my earlier letter, share a similar philosophical heritage. The rest of the world also may have to adopt a contentment / sufficiency philosophy with  strong and effective tenets that suit their culture, to bring under control the evil of greed. If not, there is no hope for the existence of the world. Global warming will destroy it with cyclones, forest fires, droughts, floods, crop failure and famine.

Leading economists had commented on the damaging effect of greed on the economy while philosophers, ancient as well as modern, had spoken about its degenerating influence on the inborn human morals. Ancient philosophers like Plato, Aristotle, and Epicurus all spoke about greed, viewing it as a destructive force that hindered a good life. They believed greed was rooted in personal immorality and prevented individuals from achieving true happiness by focusing on endless material accumulation rather than the limited wealth needed for natural needs.

Jeffry Sachs argues that greed is a destructive force that undermines social and environmental well-being, citing it as a major driver of climate change and economic inequality, referencing the ideas of Adam Smith, John Maynard Keynes, etc. Joseph Stiglitz, a Nobel Laureate economist, has criticised neoliberal ideology in similar terms.

In my earlier letter, I have discussed how contentment / sufficiency philosophy could effectively transform the socioeconomic system to one that prioritises collective well-being and sufficiency over rampant consumerism and greed, potentially leading to more sustainable economic models.

Obviously, these changes cannot be brought about without a change of attitude, morals and commitment of the rulers and the government. This cannot be achieved without a mass movement; people must realise the need for change. Such a movement would need  leadership. In this regard a critical responsibility lies with the educated middle class. It is they who must give leadership to the movement that would have the goal of getting rid of the evil of excessive greed. It is they who must educate the entire nation about the need for these changes.

The middle class would be the vanguard of change. It is the middle class that has the capacity to bring about change. It is the middle class that perform as a vibrant component of the society for political stability. It is the group which supplies political philosophy, ideology, movements, guidance and leaders for the rest of the society. The poor, who are the majority, need the political wisdom and leadership of the middle class.

Further, the middle class is the font of culture, creativity, literature, art and music. Thinkers, writers, artistes, musicians are fostered by the middle class. Cultural activity of the middle class could pervade down to the poor groups and have an effect on their cultural development as well. Similarly, education of a country depends on how educated the middle class is. It is the responsibility of the middle class to provide education to the poor people.

Most importantly, the morals of a society are imbued in the middle class and it is they who foster them. As morals are crucial in the battle against  greed, the middle class assume greater credentials to spearhead the movement against greed and bring in sustainable development and growth. Contentment sufficiency philosophy, based on morals, would form the strong foundation necessary for achieving the goal of a new world order. Thus, it is seen that the middle class is eminently suitable to be the vehicle that could adopt and disseminate a contentment/ sufficiency philosophy and lead the movement against the evil neo-liberal system that is destroying the world.

The Global South, which comprises the majority of the world’s poor, may have to realise, before it is too late, that it is they who are the most vulnerable to climate change though they may not be the greatest offenders who cause it. Yet, if they are to survive, they must get together and help each other to achieve self-sufficiency in the essential needs, like food, energy and medicine. Trade must not be via exploitative and weaponised currency but by means of a barter system, based on purchase power parity (PPP). The union of these countries could be an expansion of organisations,like BRICS, ASEAN, SCO, AU, etc., which already have the trade and financial arrangements though in a rudimentary state but with great potential, if only they could sort out their bilateral issues and work towards a Global South which is neither rich nor poor but sufficient, contented and safe, a lesson to the Global North. China, India and South Africa must play the lead role in this venture. They would need the support of a strong philosophy that has the capacity to fight the evil of greed, for they cannot achieve these goals if fettered by greed. The proposed contentment / sufficient philosophy would form a strong philosophical foundation for the Global South, to unite, fight greed and develop a new world order which, above all, will make it safe for life.

by Prof. N. A. de S. Amaratunga 
PHD, DSc, DLITT

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SINHARAJA: The Living Cathedral of Sri Lanka’s Rainforest Heritage

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Damp and thick undergrowth

When Senior biodiversity scientist Vimukthi Weeratunga speaks of Sinharaja, his voice carries the weight of four decades spent beneath its dripping emerald canopy. To him, Sri Lanka’s last great rainforest is not merely a protected area—it is “a cathedral of life,” a sanctuary where evolution whispers through every leaf, stream and shadow.

 “Sinharaja is the largest and most precious tropical rainforest we have,” Weeratunga said.

“Sixty to seventy percent of the plants and animals found here exist nowhere else on Earth. This forest is the heart of endemic biodiversity in Sri Lanka.”

A Magnet for the World’s Naturalists

Sinharaja’s allure lies not in charismatic megafauna but in the world of the small and extraordinary—tiny, jewel-toned frogs; iridescent butterflies; shy serpents; and canopy birds whose songs drift like threads of silver through the mist.

“You must walk slowly in Sinharaja,” Weeratunga smiled.

“Its beauty reveals itself only to those who are patient and observant.”

For global travellers fascinated by natural history, Sinharaja remains a top draw. Nearly 90% of nature-focused visitors to Sri Lanka place Sinharaja at the top of their itinerary, generating a deep economic pulse for surrounding communities.

A Forest Etched in History

Centuries before conservationists championed its cause, Sinharaja captured the imagination of explorers and scholars. British and Dutch botanists, venturing into the island’s interior from the 17th century onward, mapped streams, documented rare orchids, and penned some of the earliest scientific records of Sri Lanka’s natural heritage.

Smallest cat

These chronicles now form the backbone of our understanding of the island’s unique ecology.

The Great Forest War: Saving Sinharaja

But Sinharaja nearly vanished.

In the 1970s, the government—guided by a timber-driven development mindset—greenlit a Canadian-assisted logging project. Forests around Sinharaja fell first; then, the chainsaws approached the ancient core.

 “There was very little scientific data to counter the felling,” Weeratunga recalled.

“But people knew instinctively this was a national treasure.”

The public responded with one of the greatest environmental uprisings in Sri Lankan history. Conservation icons Thilo Hoffmann and Neluwe Gunananda Thera led a national movement. After seven tense years, the new government of 1977 halted the project.

What followed was a scientific renaissance. Leading researchers—including Prof. Savithri Gunathilake and Prof. Nimal Gunathilaka, Prof. Sarath Kottagama, and others—descended into the depths of Sinharaja, documenting every possible facet of its biodiversity.

Thilak

 “Those studies paved the way for Sinharaja to become Sri Lanka’s very first natural World Heritage Site,” Weeratunga noted proudly.

A Book Woven From 30 Years of Field Wisdom

For Weeratunga, Sinharaja is more than academic terrain—it is home. Since joining the Forest Department in 1985 as a young researcher, he has trekked, photographed, documented and celebrated its secrets.

Now, decades later, he joins Dr. Thilak Jayaratne, the late Dr. Janaka Gallangoda, and Nadika Hapuarachchi in producing, what he calls, the most comprehensive book ever written on Sinharaja.

 “This will be the first major publication on Sinharaja since the early 1980s,” he said.

“It covers ecology, history, flora, fauna—and includes rare photographs taken over nearly 30 years.”

Some images were captured after weeks of waiting. Others after years—like the mysterious mass-flowering episodes where clusters of forest giants bloom in synchrony, or the delicate jewels of the understory: tiny jumping spiders, elusive amphibians, and canopy dwellers glimpsed only once in a lifetime.

The book even includes underwater photography from Sinharaja’s crystal-clear streams—worlds unseen by most visitors.

A Tribute to a Departed Friend

Halfway through the project, tragedy struck: co-author Dr. Janaka Gallangoda passed away.

 “We stopped the project for a while,” Weeratunga said quietly.

“But Dr. Thilak Jayaratne reminded us that Janaka lived for this forest. So we completed the book in his memory. One of our authors now watches over Sinharaja from above.”

Jumping spide

An Invitation to the Public

A special exhibition, showcasing highlights from the book, will be held on 13–14 December, 2025, in Colombo.

“We cannot show Sinharaja in one gallery,” he laughed.

“But we can show a single drop of its beauty—enough to spark curiosity.”

A Forest That Must Endure

What makes the book special, he emphasises, is its accessibility.

“We wrote it in simple, clear language—no heavy jargon—so that everyone can understand why Sinharaja is irreplaceable,” Weeratunga said.

“If people know its value, they will protect it.”

To him, Sinharaja is more than a rainforest.

It is Sri Lanka’s living heritage.

A sanctuary of evolution.

A sacred, breathing cathedral that must endure for generations to come.

By Ifham Nizam

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How Knuckles was sold out

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Knuckles range

Leaked RTI Files Reveal Conflicting Approvals, Missing Assessments, and Silent Officials

“This Was Not Mismanagement — It Was a Structured Failure”— CEJ’s Dilena Pathragoda

An investigation, backed by newly released Right to Information (RTI) files, exposes a troubling sequence of events in which multiple state agencies appear to have enabled — or quietly tolerated — unauthorised road construction inside the Knuckles Conservation Forest, a UNESCO World Heritage site.

At the centre of the unfolding scandal is a trail of contradictory letters, unexplained delays, unsigned inspection reports, and sudden reversals by key government offices.

“What these documents show is not confusion or oversight. It is a structured failure,” said Dilena Pathragoda, Executive Director of the Centre for Environmental Justice (CEJ), who has been analysing the leaked records.

“Officials knew the legal requirements. They ignored them. They knew the ecological risks. They dismissed them. The evidence points to a deliberate weakening of safeguards meant to protect one of Sri Lanka’s most fragile ecosystems.”

A Paper Trail of Contradictions

RTI disclosures obtained by activists reveal:

Approvals issued before mandatory field inspections were carried out

Three departments claiming they “did not authorise” the same section of the road

A suspiciously backdated letter clearing a segment already under construction

Internal memos flagging “missing evaluation data” that were never addressed

“No-objection” notes do not hold any legal weight for work inside protected areas, experts say.

One senior officer’s signature appears on two letters with opposing conclusions, sent just three weeks apart — a discrepancy that has raised serious questions within the conservation community.

“This is the kind of documentation that usually surfaces only after damage is done,” Pathragoda said. “It shows a chain of administrative behaviour designed to delay scrutiny until the bulldozers moved in.”

The Silence of the Agencies

Perhaps, more alarming is the behaviour of the regulatory bodies.

Multiple departments — including those legally mandated to halt unauthorised work — acknowledged concerns in internal exchanges but issued no public warnings, took no enforcement action, and allowed machinery to continue operating.

“That silence is the real red flag,” Pathragoda noted.

“Silence is rarely accidental in cases like this. Silence protects someone.”

On the Ground: Damage Already Visible

Independent field teams report:

Fresh erosion scars on steep slopes

Sediment-laden water in downstream streams

Disturbed buffer zones

Workers claiming that they were instructed to “complete the section quickly”

Satellite images from the past two months show accelerated clearing around the contested route.

Environmental experts warn that once the hydrology of the Knuckles slopes is altered, the consequences could be irreversible.

CEJ: “Name Every Official Involved”

CEJ is preparing a formal complaint demanding a multi-agency investigation.

Pathragoda insists that responsibility must be traced along the entire chain — from field officers to approving authorities.

“Every signature, every omission, every backdated approval must be examined,” she said.

“If laws were violated, then prosecutions must follow. Not warnings. Not transfers. Prosecutions.”

A Scandal Still Unfolding

More RTI documents are expected to come out next week, including internal audits and communication logs that could deepen the crisis for several agencies.

As the paper trail widens, one thing is increasingly clear: what happened in Knuckles is not an isolated act — it is an institutional failure, executed quietly, and revealed only because citizens insisted on answers.

by Ifham Nizam

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