Justice Nishanka Bandula Karunaratne, the President of the Court of Appeal, is set to begin pre-retirement leave at the end of January, ahead of his official retirement in June. He will step down from his judicial duties on 1 February but will remain in his position until his retirement on 16 June.
Justice Karunaratne has reportedly submitted the necessary documentation to President Anura Kumara Dissanayake, which has led to the suspension of an impeachment motion that had been under consideration against him.
These developments follow a significant Supreme Court judgment delivered on 12 December 2024 in a fundamental rights case involving Justice Karunaratne’s proposed nomination to the Supreme Court during the previous administration.
The Supreme Court Ruling
Former President Ranil Wickremesinghe had recommended Justice Karunaratne for a Supreme Court appointment, but the constitutional council rejected the proposal. This prompted attorney B.P.M.S. Pathiratne from Veyangoda to file a fundamental rights petition, arguing that the council’s decision undermined judicial independence and violated fundamental rights.
In a ruling by a three-judge bench led by Justice Preethi Padman Surasena, the Supreme Court rejected the petition. The bench concluded that it was reasonable for the constitutional council to assess a judge’s conduct and performance before considering a promotion.
The judgment affirmed the constitutional council’s authority to request a performance report from the Chief Justice before making higher judicial appointments. The court ruled that this process was lawful and did not compromise the independence of the judiciary.
Following the judgment, reports indicated that Government MPs were preparing an impeachment motion against Justice Karunaratne, which had reportedly gathered around 118 signatures.
