Following reports in the Lankadeepa newspaper regarding a potential impeachment motion against Court of Appeal President Justice Nissanka Bandula Karunaratne—and speculation surrounding his possible resignation—attention has been drawn to a historical precedent during the administration of President J.R. Jayewardene.
In 1984, the United National Party (UNP) government initiated steps to impeach the 36th Chief Justice of Sri Lanka, Neville Samarakoon, leading to his eventual retirement before the motion was finalized.
The Appointment and Growing Rift
Neville Samarakoon, a highly respected senior advocate and close personal associate of President Jayewardene, was directly appointed as Chief Justice without prior service as a judge. President Jayewardene initially expected Chief Justice Samarakoon to be aligned with the administration. However, Samarakoon maintained strict judicial independence, frequently criticizing government actions that attempted to exploit legal loopholes.
Tensions escalated significantly after an incident where UNP-backed elements attacked left-wing politician Vivienne Goonewardene and other women during an International Women’s Day event. When the judiciary ruled against the perpetrators, pro-government groups staged demonstrations and pasted hostile posters outside the residences of the presiding judges.
Further friction arose during the Kalawana by-election, when the government attempted to seat defeated UNP candidate Aberathna Pillapitiya instead of the elected Communist Party candidate, Sarath Muttettuwegama. Chief Justice Samarakoon thwarted the government’s efforts, solidifying the administration’s resolve to seek his removal.
The Controversial Speech
The government found grounds for action following a speech delivered by Chief Justice Samarakoon on March 14, 1984, at an annual prize-giving ceremony for a private educational institute in Kollupitiya. In his address, he strongly criticized government economic and administrative policies.
Highlighting issues with the state “Job Bank” system and rising inflation, the Chief Justice stated that court vacancies could not be filled with qualified personnel due to political interference and inadequate salaries. He noted that while basic commodity prices—such as bread, rice, and coconuts—had skyrocketed since 1977, only parliamentarians and the wealthy could afford a decent living standard. He further remarked on the President’s salary public statements, noting that substantial public funds were spent maintaining the executive office.
The Impeachment Motion and Parliamentary Select Committee
The speech provoked severe backlash during UNP parliamentary group meetings and cabinet discussions. In September 1984, a resolution signed by 57 government MPs was submitted to Parliament, requesting the immediate removal of Chief Justice Samarakoon under Article 107(2) of the Constitution on grounds of alleged proved misbehaviour.
Speaker E.L. Senanayake appointed a Parliamentary Select Committee, chaired by Minister of National Security Lalith Athulathmudali, to investigate the charges. The committee included ministers and opposition members such as Anura Bandaranaike, Sarath Muttettuwegama, and Dinesh Gunawardena.
While government members on the committee concluded that the Chief Justice’s speech was unbecoming of his position, opposition members held that the remarks did not warrant removal or constitute misbehaviour affecting his office.
Conclusion and Retirement
As Parliament prepared to proceed with the motion, Chief Justice Samarakoon announced his scheduled retirement for late October 1984. Consequently, the government dropped the impeachment plans.
Chief Justice Samarakoon officially retired on October 22, 1984. During his farewell address at the Hulftsdorp court complex, he reiterated that judges in Sri Lanka had faced severe obstacles while defending the fundamental rights of the public, expressing confidence that the Supreme Court would continue to uphold justice independently.
