On April 14th, 2020 a week before the 1st year commemoration of the Easter Sunday bombings, I was arrested by the CID under the Prevention of Terrorism (Temporary Provisions) Act No 48 of 1979 [PTA]. By April 19th, 2020 the Police spokesman had conducted two media conferences on the investigations. I was featured in both. According to him I was arrested after extensive investigations and there was sufficient evidence to prosecute me. Sub judice rules prevent me from commenting further except to say that I have pleaded not guilty and I am innocent. Nevertheless, the media conferences had had their effect. I was now one of the ‘worst of the worst’. Article 13(3) of the Constitution and section 41(2) Judicature Act No: 2 of 1978 assure to every person the right to legal representation, especially in criminal cases. However how meaningful is this right when your case is so unpopular that lawyers are reluctant to represent you? It is an open secret that lawyers who appear for unpopular clients get branded and even ostracized just for doing their job. This is antithetical to a system that is based on adversarial justice, assures the right to legal counsel and which promotes the cab – rank rule.

In my case, the State launched a full-scale offensive. They kept it regularly in the news and watered it with sensational headlines. Two DSG’s and a SSC were appearing in the Fort Magistrate’s Court. I was described as being the ‘Anton Balasingham’ of the National Thowheed Jamaath which carried out the attacks. Even some lawyers got activated in pressurising the BASL to not intervene on my behalf. In Parliament I was repeatedly called a ‘terrorist’. I was public enemy no: 1. As a family we were devastated. It was during these bleak times locked up and closed off from the rest of the world, in despair and feeling destitute that I saw a letter left at the CID under the legendary header ‘Gowry Shangary Thavarasha’. She was writing on behalf of her client. I was her client. Until then I did not know that she had undertaken to represent me. I said a silent prayer of thanks to God and I knew I was going home. The Late Mrs Gowry Shangary Thavarasha was a central cog in a ‘Mission Impossible’ operation of a group of lawyers who came together to fight for justice for me. A group I call with profound admiration as the ‘Justice League’. This group launched an unprecedented campaign for my release that resulted in me being granted bail at the relatively short period of 22 months. As a senior member of the Justice
League from the very inception and until her demise Mrs Thavarasha functioned not just as a legal advisor but also as a friend, confidante and a source of tremendous strength to my family.

Her coming aboard my case is not surprising. I first worked with the her in a case with some similarities – a case of a Sri Lankan Tamil expatriate threatened with arrest under the PTA, labelled as a terrorist, but all for reasons that had nothing to do with guilt, terrorism or evidence. Starting off my private practice I was thrilled to be retained by her. She was an amazing attorney to work with and to receive instructions from. Absolutely scrupulous, ethical and vigilant of the client’s interest over all else. She did her work with consummate diligence. To me as counsel she was very supportive, watched my back and made sure that we tied up all loose ends.

During a career that spanned three decades Mrs Gowry Thavarasha has stood many times between the State juggernaut and an oppressed individual. She should have written a book. A chapter each on each epic battle she fought. Her clients included Free Trade Zone workers, a Chief Justice, minority politicians, a former Director of the CID, many journalists and many others who had one key common factor which was that the government at that time wanted them ‘finished off’. In all of this Gowry Thavarasha stood fearlessly like a lone ranger in a Hollywood western. Why did she take these cases up? Being a Tamil born in Alavety, Jaffna I think she was all too familiar with how the system can work against a person and the critical importance of competent and effective legal representation in our adversarial justice system. The criminal justice system depends on the ‘presumption of innocence’, ‘proof beyond reasonable doubt’ and the right to legal representation to deliver justice. However, could these theoretical
safeguards actually protect accused in the face of an expert, experienced and well trained prosecutorial outfit that is out for a conviction? The investigating officer giving evidence, the State Counsel leading it and the government analyst / JMO are all experts. Most accused on the other hand are first timers. As a detainee and a remand prisoner I saw the underbelly of the criminal justice system. I realised that if the justice system is going to work and deliver, we needed not just more courts and more judges but we also needed more Mrs. Gowry Thavarasha’s. Lawyers who are ready to take up difficult, unpopular and even bad cases and give their clients skilful representation. This was something which the Late Mrs. Gowry Thavarasha remained dedicated to.

The Late Mrs Gowry Shangary Thavarasha did not do the mundane. She was into the exceptional and special. It took courage and she had plenty of it. A fitting celebration of the life and work of the Late Mrs Gowry Shangary Thavarasha would be developing a bar
capable of providing skilful, competent and robust advocacy at all levels of seniority and experience. We also need to develop a culture that respects lawyers for doing their work and one that does not seek to punish and judge lawyers based on their clients.

I emphasise its importance as if she and the rest of the Justice League did not withstand the hostile environment they worked in and continue their brilliant advocacy representing me I might not have been available to write this article. I join the many who pray for the Late Mrs. Gowry Shangary Thavarasha and thank Godfor the role she played in my life.

Hejaaz Hizbullah
Attorney-at-Law
Former PTA detainee
Amnesty International Prisoner of Conscience