News
Appeal Court President to resign amid Govt’s move to impeach him
View(s):- Attorney General agrees to fast-track 11 high profile cases after meeting President
By Ranjith Padmasiri
Court of Appeal (CA) President Nissanka Bandula Karunarathna is to step down from his position, the Sunday Times learns.
The decision comes in the wake of plans by the National People’s Power (NPP) Government to move an impeachment motion against him.
It is learnt that Justice Karunarathna is to submit his resignation at the end of this month. He was due to retire on June 16 this year upon reaching 63, the retirement age for Appeal Court judges.
A deputy minister confirmed to the Sunday Times yesterday the government planned to bring an impeachment motion against the CA president. The recent performance of Justice Karunarathna was to be cited.
The development comes along with a decision by the Attorney General’s Department to fast-track 11 pending ‘serious criminal prosecutions’ following discussions last Monday between Attorney General Parinda Ranasinghe and President Anura Kumara Dissanayake.
President Dissanayake had earlier made references to the delays in such prosecutions, seeking the cooperation of the AG’s Department.
Attorney General Ranasinghe has instructed four of the cases to be referred back to the police for further investigations. Three cases have been referred to the Commission to Investigate Allegations of Bribery or Corruption, as action needs to be taken under the Anti-Corruption Act. Indictments against suspects in the four remaining cases are to be filed in the coming week.
Given that some of the crimes appear to have been committed overseas, requests have been made to the relevant countries to provide legal assistance to conduct the investigations. Steps are being taken to obtain assistance from these countries under mutual legal assistance laws so that investigations can be completed and legal action filed against the suspects.
The Sunday Times learns that during the discussion with the President, the AG has pointed out that there had been certain instances where instructions given by the AG’s Department had not been followed owing to interference.
It had been revealed that considering the evidence presented in the case on the abduction and assault of journalist Keith Noyahr, the AG’s Department had issued instructions to arrest three navy sailors. However, the instructions had not been followed. Instead, the investigation file had been forwarded to another department.
Justice Karunarathna started his judicial career as a magistrate and later rose to become President of the CA. Former President Ranil Wickremesinghe recommended him to be appointed to the Supreme Court (SC), but the nomination was rejected by the Constitutional Council (CC).
An attorney-at-law subsequently filed a fundamental petition in the SC challenging the CC’s decision. The SC dismissed the petition in December. It is learnt that the Government is considering using some of the observations made by the SC in its judgment as the basis for its impeachment motion against Justice Karunarathna.
Meanwhile, the CC has approved the nominations made by President Anura Kumara Dissanayake to appoint four justices from the Court of Appeal to the Supreme Court.
Accordingly, Justices Sobitha Rajakaruna, Menaka Wijesundera, Sampath Abayakoon, and Sampath Wijeratne are to take oaths as Supreme Court Justices today (12).
Justice Rajakaruna was serving as a Deputy Solicitor General at the Attorney General’s Department prior to being appointed to the CA. Justice Wijesundera was a Senior State Counsel with the AG’s Department before being appointed as a high court judge and then as a justice of the CA. Justices Abayakoon and Wijeratne both served as magistrates, district judges, and high court judges prior to being appointed to the CA.
The name of Justice M.T.M. Laffar, the third senior-most CA Justice, has not been proposed to the SC, and he is due to retire from the CA in June upon reaching 63 years.
The first vacancy in the SC was created in November 2023, following the retirement of former SC Justice Buwaneka Aluwihare. This was followed by the retirements of Justices Priyantha Jayawardena, Vijith Malalgoda, and former Chief Justice Jayantha Jayasuriya.
With the appointment of four Justices to the SC, there are now four vacancies in the CA. More vacancies are due to open up in the CA this year with the retirement of several Justices.
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