News
CA President to retire; Govt. shelves plan to impeach him
The government has shelved its plan to impeach Court of Appeal (CA) President Nissanka Bandula Karunaratne after he submitted his retirement papers to President Anura Kumara Dissanayake this week.
Justice Karunaratne is to withdraw from his duties in the CA with effect from February 1 and has already conveyed this decision to the president, the Sunday Times learns. He is to retire on June 16 upon reaching 63 years.
Government sources said yesterday that they have decided to shelve plans to impeach Justice Karunaratne in view of his preparations to retire and the decision to withdraw from his duties. Accordingly, he will be allowed to retire on June 16 when he officially reaches retirement age.
Justice Karunaratne has already briefed all the judges of the CA about his decision to withdraw from duties with effect from February 1.
The government’s attention has now been drawn to appointing another senior CA judge to serve as CA President in an acting capacity until Justice Karunaratne’s retirement.
Justice Mohammed Laffar is the senior-most judge in the CA after Justice Karunaratne. President Dissanayake did not recommend his name to the Supreme Court, and he is due to retire on June 18 upon reaching 63.
Justices Udaya Karaliyadde, Rathnapriya Gurusinghe, and Dhammika Ganepola are the next senior-most CA judges.
The government has also stressed that the Constitutional Council (CC) has the power to initiate its own inquiry regarding the conduct of any person whose appointment is subject to the CC’s approval.
Meanwhile, the ceremonial sitting to welcome four newly appointed Supreme Court judges will be held on Wednesday at the main hall of the superior court complex.
Justices Sobhitha Rajakaruna, Menaka Wijesundera, Sampath Abayakoon, and Sampath Wijeratne were sworn in last week as new Supreme Court justices before President Dissanayake.
The ceremonial sitting to welcome newly appointed Court of Appeal Justices Sarath Dissanayake and Pradeep Hettiarachchi will be held on Tuesday at the Court of Appeal’s main hall.
The Sunday Times also understands that the government’s move to disregard the nomination from the Attorney General’s Department when filling the recent vacancies of the Supreme Court has created unhappiness within the AG’s Department ranks. Though the AG had nominated Additional Solicitor General Susantha Balapatabendi, PC, to fill one of the Supreme Court vacancies, his name had not been forwarded by the President to the Constitutional Council for consideration.
The senior-most High Court judge who is next in line to be appointed to the Court of Appeal is Jaffna High Court Judge M. Ilanchelian. However, he is due to retire today (19) upon reaching 60. In terms of seniority, Kandy High Court Judge Sumudu Premachandra, Colombo High Court Judges Namal Bandara Balalle and K. Priyantha Fernando, and Trincomalee High Court Judge K. Prema Shankar are those who are next in line. The AG has also sent the names of Senior Deputy Solicitor General Lakmali Karunanayake and Senior Deputy Solicitor General Sudarshana de Silva to the President to be forwarded to the Constitutional Council for consideration as Court of Appeal judges.
Several more judges of the superior courts are due to retire this year. In the Supreme Court, Chief Justice Murdu Fernando is to retire in July while Justice Gamini Amarasekara will retire in June. Court of Appeal President Nissanka Bandula Karunaratne and Justice Mohammed Laffar will both retire in June, while Justice Ahsan Marikar will retire before them in April.
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