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Following the retirement of Chief Justice Murdu Fernando, President Anura Kumara Dissanayake has recommended Justice Preethi Padman Surasena, currently the second most senior judge on the Supreme Court, to fill the vacancy. The Constitutional Council has approved this recommendation.
Accordingly, Justice Preethi Padman Surasena will become the 49th Chief Justice of Sri Lanka. Current Chief Justice Murdu Fernando is scheduled to retire on July 27.
Legal Career of Preethi Padman Surasena
Justice Surasena graduated from the University of Colombo in 1985 and subsequently entered Sri Lanka Law College via the law entrance exam. He took oaths as an Attorney-at-Law in 1989.
He joined the Attorney General’s Department and served as a State Counsel before being appointed a High Court Judge by President Mahinda Rajapaksa in 2007.
On January 20, 2016, President Maithripala Sirisena appointed him to the Court of Appeal, and on January 15, 2018, he became its President. Later, on January 9, 2019, he was elevated to the Supreme Court. He is currently the most senior judge on the Supreme Court after Chief Justice Murdu Fernando.
Key Judgments Delivered by Justice Surasena
1. Death Penalty for Vele Suda
As a High Court Judge, Justice Surasena presided over the case against Samantha Kumara alias "Vele Suda", a notorious drug trafficker. In 2015, he sentenced him to death for possession and trafficking of illegal narcotics.
2. 52-Day Constitutional Crisis (2018)
During the 2018 constitutional crisis, President Maithripala Sirisena removed PM Ranil Wickremesinghe and appointed Mahinda Rajapaksa. A 122-member petition challenged the legality of this move. As President of the Court of Appeal, Justice Surasena led the bench that ruled the appointment of a new PM and Cabinet without parliamentary majority was unconstitutional and issued an interim injunction preventing them from functioning.
3. Contempt of Court – Galagodaaththe Gnanasara Thera
While at the Court of Appeal, Justice Surasena presided over the case where Gnanasara Thera, Secretary of Bodu Bala Sena, was found guilty of contempt of court and sentenced to 19 years in prison (to be served in 6 years) for disruptive behavior during the Prageeth Ekneligoda disappearance case.
4. Disqualification of MP Geetha Kumarasinghe
In 2015, Justice Surasena ruled that Geetha Kumarasinghe, elected MP from Galle District, was disqualified for holding dual citizenship (Sri Lanka and Switzerland) in violation of the Constitution. The writ order issued declared her parliamentary seat null and void.
5. Annulment of Presidential Pardon – Duminda Silva
Justice Surasena led the Supreme Court bench that nullified the presidential pardon granted by Gotabaya Rajapaksa to Duminda Silva, who was convicted and sentenced to death for the murder of Bharatha Lakshman Premachandra. The Court ruled the pardon was unlawfully granted, violating fundamental rights.
6. Disqualification of MP Naseer Ahamed
Justice Surasena also ruled on the disqualification of MP Naseer Ahamed, who, elected under the Sri Lanka Muslim Congress (SLMC), voted in favor of the government budget in 2021 against party decision. The Court held that his expulsion from the party was constitutional, thereby invalidating his parliamentary seat.
7. Blocking Luxury Residence for Former President Maithripala Sirisena
In a fundamental rights petition, Justice Surasena's bench issued an interim injunction preventing the allocation of a luxury state residence in Malalasekara Mawatha to former President Maithripala Sirisena after his retirement, ruling the Cabinet decision unconstitutional.
8. Halting E-Visa Outsourcing to Private Companies
He also presided over a case that halted a Cabinet decision to outsource e-visa processing to two private firms. The petition argued that the decision would cause foreign exchange losses and pose a national security threat. The Court issued an interim order to suspend implementation, maintaining the old visa system.
Later, when the Controller of Immigration and Emigration Harsha Ilukpitiya failed to comply with this order, Justice Surasena's bench ruled it as contempt of court and remanded him on September 25. Sentencing is scheduled for July 24.