Former Chief Justice Shirani Bandaranayake performed a miracle that paved the way for the Maithri-Ranil government in 2015. Maithri, Ranil and Anura were able to label the Rajapaksas as thieves because of the way the Rajapaksas removed Shirani. The fact that the Rajapaksas were so enraged by a decision she gave regarding Divi Neguma raised suspicions even among their staunchest supporters. Lawyers took her impeachment to the streets, creating the slogan of good governance against theft.
After the formation of the Maithri-Ranil government, the Bar Association proposed removing the Rajapaksa-appointed Chief Justice Mohan Peiris and reappointing Shirani as Chief Justice. Lawyers argued that she should hold the position in order to investigate the thefts that occurred during the Rajapaksa era.
But both Maithri and Ranil were against it. During the impeachment, Ranil secretly sided with the Rajapaksa government, claiming that Parliament was superior to the courts. Maithri and the former ministers who joined Ranil had supported Shirani during her impeachment, so they feared reappointing her.
Instead, Maithri and Ranil sought a neutral, non-controversial Chief Justice. Sripavan was appointed accordingly. At that moment, Maithri and Ranil made a grave mistake. Had Shirani been appointed, the Maithri-Ranil government’s mission to catch thieves would not have become a joke.
The 2015 Yahapalana government and the current Anura Kumara government were both given a mandate to catch thieves. To do that, there must be judges who make direct and fearless decisions. Thieves fear such a judiciary. Anura’s decision to nominate Justice Preethi Padman Surasena for the post of Chief Justice shows that he understands the mandate he received.
‘Why do you say that…?’
Justice Preethi Padman served as a High Court judge in the Central Province for a period. The case involving an acid attack on former Auditor General Lalith Ambanwela, which shocked the entire country, came before him. He sentenced the seven accused to terms of 10 to 70 years, giving confidence to Auditor General’s officers to perform their duties without fear. His decision created a significant stir in the country at the time.
Justice Preethi Padman became a Court of Appeal judge during the Maithri-Ranil government, appointed by then-President Maithri. In 2018, Maithri removed Ranil from the post of Prime Minister and appointed Mahinda through a constitutional coup. The country descended into chaos. Never before in Sri Lanka’s history had the legality of a Prime Minister’s appointment been challenged in court.
The Court of Appeal ruled that Maithri’s appointment of Mahinda as Prime Minister without a parliamentary majority was unconstitutional and barred Mahinda from acting as Prime Minister. Justice Preethi Padman was among the judges who issued this order.
Even though Mahinda’s MPs criticised Justice Preethi Padman under parliamentary privilege, he stood firm. His name became widely known for his role in that landmark ruling.
When Maithripala stepped down, Ranil’s cabinet, at Maithri’s request, gifted him the official residence on Paget Road in Colombo. After Gotabaya became President, a petition was filed in the Supreme Court challenging this decision. Justice Preethi Padman was on the bench that issued an interim injunction preventing Maithri from using the residence.
After Gota fled the uprising, President Ranil postponed the 2023 local government election, citing a lack of funds. Samagi Jana Balawegaya General Secretary Ranjith Maddumabandara petitioned the Supreme Court over the non-disbursement of funds. The Court issued an interim injunction halting the withholding of funds allocated for the election.
The Secretary to the Ministry of Finance, who represented the President, was ordered to release the funds. The ruling was historic. Justice Preethi Padman was part of the bench that delivered it. MPs from Ranil’s party mocked the ruling in Parliament and threatened to haul the judges before a parliamentary select committee. Despite this, the bench, including Justice Preethi Padman, ruled that Ranil had violated fundamental rights by not holding the election.
Ranil repeatedly ignored Supreme Court rulings during his presidency and ridiculed judicial decisions in Parliament. Justice Preethi Padman was also on the bench that struck down the corrupt VFS visa deal and ordered a return to the previous system. Ranil’s government also ridiculed this ruling.
Justice Preethi Padman was on the bench that allowed petitioners to name Ranil as a respondent in the case challenging the appointment of Deshabandu as IGP after Ranil left the presidency.
When the bench, including Justice Preethi Padman, restored Ranil as Prime Minister in 2018, they were praised for upholding justice. But when the same bench ruled that local government elections must be held, Parliament attempted to summon the judges before a select committee.
Appointing Justice Preethi Padman—who stood against executive overreach—as Chief Justice is a commendable decision. By approving his appointment in the Constituent Assembly, Opposition Leader Sajith Premadasa and other members have honoured the youth-led struggle of 2022 to rescue the country from corruption. Although the Assembly, including Sajith, had previously rejected some of Anura’s judicial nominations, they approved Justice Preethi Padman because he is the right person for the role of Chief Justice at this critical moment. He is truly a hero for holding thieves accountable.
