The Chairman of the Court of Appeal, Justice Nishanka Bandula Karunaratne, has taken pre-retirement leave, a decision approved by the President, according to a statement issued by the President’s Media Division on February 2.
This move follows the government’s decision to file charges against Justice Karunaratne, raising serious concerns regarding judicial independence and signaling potential political and legal conflicts.
Pre-retirement leave typically allows an official to take unused leave before formally retiring. However, in this case, Justice Karunaratne’s decision to take leave is perceived as a strategic step to avoid an impeachment trial and the public fallout that would likely follow. His departure follows increased scrutiny after the government announced its intention to file charges against him. Justice Karunaratne had previously been nominated by President Ranil Wickremesinghe for a position as a Supreme Court judge, but his nomination was rejected by a majority of the Constitutional Council, leading to questions about his qualifications.
The impeachment of a senior judge, particularly the Chairman of the Court of Appeal, could have set a dangerous precedent for future conflicts between the judiciary and the executive.That has now been everted but many questns remain regarding the conduct of Nishanka Bandula Karunaratne.
New Appointment
In the wake of Justice Karunaratne’s departure, Justice Mohammad Lafar Tahir, the senior-most judge currently serving in the Court of Appeal, has been appointed as the Acting Chairman of the Court of Appeal.
