The Selfless Leader & The People’s Lawyer 

By Janahan Dhanabalasingam & Kumaresan Purantharan –MAY 16, 2018

Appathuray Vinayagamoorthy, a distinguished Tamil political leader, former Member of Parliament for Jaffna District, Leader of the All Ceylon Tamil Congress and well-known Human Rights Lawyer bade adieu to the world on 28 May 2017. In his long arduous political journey, spanning nearly six decades, he made a niche for himself in the Tamil political arena not by seeking to achieve fame but by serving the downtrodden. He was honest, straightforward and unswerving in his commitment to the Tamil nationalist struggle. This tribute is penned to mark the First Year Death Anniversary of this great human being.  

Political Entry

Appathuray Vinayagamoorthy

Vinayagamoorthy made his political entry in the 1950s by enlisting himself with the All Ceylon Tamil Congress founded and headed by GG Ponnambalam QC. At the time, in Tamil politics two giant personalities were ruling the roost, GG Ponnambalam and SJV Chelvanayakam QC, though belonging to competing camps.  Vinayagamoorthy, an Interpreter Mudaliyar at the time, was enamoured by Ponnambalam’s fiery argument and mesmerizing speeches. He committed himself to serve the people under the leadership of Ponnambalam. In no time, he became the trusted lieutenant of Ponnambalam running his political campaigns to magnificent victories.  

With the demise of Ponnambalam, his son Kumar Ponnamabalam, a youth wing leader of the party, assumed his father’s mantle. Long-established rapport Vinayagamoorthy enjoyed with Kumar ensured smooth transition of mantle of leadership with both being able to move forward. The duo participated in the All Party meeting convened by the then President J R Jayawardene on 21 December 1983 in Colombo. Vinayagamoorthy contested the parliamentary general election for Jaffna district held in 1989. Due to the abnormal situation that prevailed in the peninsula at the time, he could not engage in campaign for the election. The All Ceylon Tamil Congress contested the parliamentary general election for Colombo held in 1989 as well. Kumar was the chief candidate with the list including distinguished people like Vinayagamoorthy, Dr Kumaraguruparan and Educationist Arunasalam. The ACTC failed to secure any seat as the Tamils in Colombo voted for either of the two major parties, the UNP and the SLFP, a worrying trend still lingering. Raising voice for the Tamils from the south was no easy task given the political climate in the country at the time. Yet, nothing deterred these fearless leaders. 

 Human Rights Attorney

In 1980, whilst in the government service, he enrolled with the University of Colombo as an external student to read Law. In 1983, he graduated and in the year 1985 he oath as an Attorney-at-Law of the Supreme Court of Sri Lanka. After devilling under Kumar, he established his own practice. Making money was never his motivation. Rather, he devoted his entire legal career to serving the innocent Tamil youths incarcerated under the Prevention of Terrorism Act and Emergency regulations without payment. He appeared for thousands of innocent Tamil youths on pro bono basis expecting nothing in return. Vinyagamoorthy appeared for Periyasamy Chandrasekaran, former cabinet minister, when the latter was arrested and detained under the PTA and secured his release. He never failed to make it a point of visiting Tamil political prisoners in prisons and detention centres across the country despite his ill health. 

Vinayagamoorthy’s contribution to the fundamental rights can be illustrated by two landmark judgments passed by the Supreme Court. A Tamil youth, Vijayan Vimalenthiran was arrested by army officers under the Emergency Regulations from a lodge in Colombo on suspicion of involvement with the assassination of the Late President Premadasa. He was detained at Panagoda army camp without being produced before a Magistrate, a flagrant violation of the law. Vinayagamoorthy lodged a fundamental rights application with the Supreme Court on behalf of Vimalenthiran against the unlawful arrest and detention. The Application came up before a three-member bench comprising Justices ARB Amarasinghe, Wijetunga and Anandacoomarasamy. The bench in a landmark judgement held that fundamental rights of the Applicant guaranteed under Article 13 (1 ) and (2 ) were infringed. The Supreme Court held that no arrest can be made in contravention to the requirements laid down by the regulation. This case, A Vinayagamoorthy Vs Army Commander and Others is reported in the Sri Lanka Law Report ( 1997 ( 1 ) SLR and incorporated in the syllabus of the Sri Lanka Law College. 

Another Tamil youth from the north, Nagamany Theivendran was arrested in Colombo in 1996 by the Terrorist Investigation Department ( TID ) under the Prevention of Terrorism Act (PTA) for undertaking armed training with the LTTE and being involved in activities for the movement. The Attorney General indicted him in the Colombo High Court. Vinayagamoorthy appeared for the accused. The only evidence relied by the prosecution was the confession purported to have been given by the accused voluntarily without duress in police custody. Vinayagamoorthy argued in the Voir Doire inquiry that the confession was extracted through torture and there was no corroborative evidence to implicate the accused and hence the confession can not be used against the accused. Though absent any corroborative evidence, the High Court after trial sentenced the accused to seven years rigorous imprisonment  solely on the footing of the confession. 

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