Former Chief Justice Shirani Bandaranaike did a miracle to pave the way for the Maithri-Ranil government in 2015. Maithri, Ranill and Anura were able to label the Rajapaksas as thieves because of the game the Rajapaksas played to remove Shirani. The fact that the Rajapaksas were so angry about a decision she gave regarding Divi Neguma raised suspicions even among the people who worshipped the Rajapaksas. Lawyers brought her impeachment to the streets and they created the slogan of good governance against theft.
After the formation of Maithri-Ranil government, the Bar Association proposed to remove the Rajapaksa-appointed Chief Justice Mohan Peiris and re-appoint Shirani as the Chief Justice. Lawyers pointed out that she should be in the position of Chief Justice to catch the thefts happened during the Rajapaksa era.
But both Maithri and Ranil did not like it. During the impeachment, Ranil secretly went to the Rajapaksa government by saying that the parliament is superior to the court. Maithri and the former ministers of the government who joined Ranil with him had spoken in favor of Shirani during the impeachment brought against her, so they were afraid to appoint her.
Instead, Maithri-Ranil looked for a neutral Chief Justice who was not controversial. Sri Pawan became the Chief Justice accordingly. At that time, Maithri-Ranil made a big mistake. If Shirani had been appointed, the Maithri-Ranil government’s catching thieves would not have been a joke.
The 2015 Yahapalana government and the current Anura Kumara government have been given the mandate to catch thieves. To catch thieves, there should be judges in the courts who give direct decisions. Thieves are afraid of such a court. Anura’s decision to nominate Justice Preethi Padman Surasena for the post of Chief Justice is a decision that he understood the meaning of the mandate he received.
‘Why do you say that…?’
Judge Preethi Padman served as a High Court judge in the Central Province for a time. The case of throwing acid on former Auditor General Lalith Ambanwela, which shocked the entire country at that time, came to High Court Judge Preethi Padman. He sentenced the 7 accused who threw acid on Lalith Ambanwela to imprisonment for 10 to 70 years, giving strength to the Auditor Generals and the officers of the Auditor General’s office who were performing their duties to the letter to perform their duties without fear. His decision created a great stir in the country at that time.
Judge Preethi Padman became a Court of Appeal judge during the Maithri-Ranil government. He was appointed as a Court of Appeal judge by the then President Maithri. In 2018, Maithri removed Ranil from the post of Prime Minister and appointed Mahinda as the Prime Minister through a constitutional coup. At that time, the entire country was in chaos. Never in the history of Sri Lanka has the legality of a Prime Minister appointed by the President been questioned in a court.
The Court of Appeal declared that it was unconstitutional for Maithri to appoint Mahinda as the Prime Minister through a constitutional coup without a parliamentary majority and banned Mahinda from working as the Prime Minister. One of the judges of the Court of Appeal who issued that order was Justice Preethi Padman.
Even though Mahinda’s MPs criticized Justice Preethi Padman takeing cover under parliamentary privileges, he did not budge. His name as a judge became known to the entire country as a judge as a judge in the Court of Appeal who issued that order.
When Maithripala stepped down as President, Ranil’s cabinet gave him the official residence on Paget Road in Colombo, which he had used as the President’s official residence, as a gift, at Maithri’s request. It was a cabinet decision. After Gotabaya became President, a petition was filed in the Supreme Court challenging the granting of this house to Maithri. Justice Preethi Padman was in the Supreme Court during this period. Justice Preethi Padman Surasena was also on the bench of Supreme Court judges who issued an interim injunction preventing Maithri from using the house on Paget Road.
After Gota fled the struggle, Ranil, who became President, postponed the LG-election scheduled for 2023, citing lack of funds. Samagi Jana Balawegaya General Secretary Ranjith Maddumabandara went to the Supreme Court against the non-disbursement of funds for the LG-election. The Supreme Court issued an interim injunction stopping the non-spending of funds allocated for the local government elections.
The Secretary to the Ministry of Finance at that time represented President Ranil, and the order was issued to the Secretary to the Ministry of Finance. The order given to the Secretary to the Finance, who represented the President, to spend the funds allocated for the elections when the elections were postponed due to lack of funds to this was a historic decision. Justice Preethi Padman Surasena was also on the bench of the Supreme Court. The decision given by the bench of judges including Justice Preethi Padman was ridiculed by Ranil’s MPs in Parliament. They threatened to bring the judges before a parliamentary select committee. However, the judges including Justice Preethi Padman decided that President Ranil had violated his fundamental rights by not holding the by-election.
Ranil ignored Supreme Court decisions during his presidency. He also made a mockery of the judicial decisions of Parliament. Justice Preethi Padman was also on the bench of Supreme Court judges that banned the corrupt VFS visa issuance deal and ordered the reinstatement of the previous visa issuance process. The verdict against that corrupt visa issuance deal also made a mockery by Ranil’s government.
Justice Preethi Padman was also on the bench of Supreme Court judges that allowed the petitioners’ request to name Ranil as a respondent in the petition filed after Ranil left the presidency, seeking to declare the appointment of Deshabandu as the IGP illegal.
When the bench of judges including Justice Preethi Padman gave the order to restore Ranil to the prime minister ship in 2018, they said that justice had been served. But when the bench of judges including Justice Preethi Padman ruled to hold LG-election, they tried to bring the judges to the parliamentary select committee.
Appointment of Justice Preethi Padman, who was on the bench of judges that overturned the power of executive presidents who tried to break the law, as the Chief Justice is a great decision. By approving his appointment in the Constituent Assembly, Opposition Leader Sajith Premadasa and the members of the Constituent Assembly have done justice to the struggle launched by the youth of 2022 to save the country from thieves. The Constituent Assembly, including Sajith, who had previously rejected some of the judge appointments sent by Anura, raised their hands and approved the appointment of Preethi Padman as the Chief Justice because he is the best person to sit on the chair of the Chief Justice at this moment. He is truly a hero for punishing thieves.
By Upul Joseph Fernando
