Mark Fernando

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Justice Mark Fernando is an eminent jurist and former judge of the Supreme Court of Sri Lanka.

[edit] Education and Early Career

Justice Fernando, was born in a family steeped in judicial tradition. His father was former Chief Justice H. N. G. Fernando and his grandfather, Judge W. M. Fernando also sat on the Supreme Court. He took his oaths as an advocate of the Supreme Court in July 1963. Justice Fernando first worked in the chambers of H. W. Jayawardene QC. He shone as an advocate and was conferred Silk in January 1985. He was known to have been one of the lawyers who drafted the 1978 Constitution of President Junius Richard Jayewardene.

[edit] Human Rights Defender

Justice Fernando has been responsible for the delivering of many judgements for the past fifteen years that have upheld the rights of citizens in respect of the right to vote, the right to freedom of speech and the right to freedom against torture and arbitrary arrest and detention.

[edit] Controversy and Resignation

In 2005, Justice Fernando opted to take premature retirment from the Supreme Court, two and half years before his term ended. He was then the longest serving judge on the bench.

Observers believe that Justice Fernando has been sidelined and unfairly treated within the Supreme Court. In recent years the Chief Justice Sarath N. Silva had excluded him from hearings relating to the constitutionality of bills before the Parliament.

A massive signature campaign was launched to persuade Justice Fernando to stay on to complete his term. Signatories covered a wide range of the politicla spectrum, lawyers and law students as well as the ecclelastical heads of the Buddhist, Catholic, Anglican and Methodist denominations.