Did Appeal Court Judge Nissanka Bandula Karunarathna Receive Bribes from Wijayadasa Rajapaksha?
Questions Raised by Legal and Police Sources
By Our Investigative Team
A cloud of suspicion now hangs over Sri Lanka's judiciary as questions mount about whether Appeal Court Judge Nissanka Bandula Karunarathna received bribes in connection with the high-profile "Harak Kata" case. Legal and police sources have raised serious allegations that former Justice Minister Wijayadasa Rajapaksha may have facilitated a bribe of Rs. 70 million to secure bail for alleged drug kingpin Nadun Chinthaka Wickramaratne, alias "Harak Kata."
While no formal charges have been filed against the judge, the timing of judicial rulings and the arrest of Rajapaksha's son in connection with a separate Rs. 500 million bribery scheme have intensified scrutiny of the Appeal Court bench that handled Harak Kata's detention orders.
The Judge in Question
Justice Nissanka Bandula Karunarathna has served as the President of the Court of Appeal, presiding over numerous high-stakes cases. His judicial record includes handling appeals in corruption cases, including the indictment of former minister Rohitha Abeygunawardena, and quashing findings of a Presidential Commission of Inquiry that investigated political victimisation allegations.
Most significantly, Karunarathna sat on the two-judge bench alongside Justice Chamath Morais that adjudicated Harak Kata's detention orders. In December 2023, this bench ruled that the drug kingpin should be produced before a Magistrate if the CID failed to present fresh evidence of offenses under the Prevention of Terrorism Act (PTA).
The ruling effectively challenged the executive's detention authority, with the court holding that the CID had not produced evidence that Harak Kata had committed PTA offenses. While the bench rejected a separate petition seeking to invalidate the detention order entirely, it placed the onus on the CID to justify continued detention.
The Bribery Allegations
The current controversy stems from a broader bribery investigation by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). According to investigators, in 2023, four suspects—including Rakitha Rajapaksha, son of former Justice Minister Wijeyadasa Rajapaksha—demanded Rs. 500 million from Harak Kata's wife, Madhushika Madhuwanti, while she was in Dubai.
The suspects allegedly promised to:
Remove detention orders against Harak Kata
Transfer him from high-security Boossa Prison to another facility
Secure his release from investigations
According to CIABOC, the initial demand of Rs. 500 million was later reduced to Rs. 200 million, with an advance payment of Rs. 120 million allegedly obtained.
The 70 Million Question
The specific allegation concerning Judge Karunarathna involves a purported bribe of Rs. 70 million. While this figure has not been formally documented in charges filed by CIABOC, legal sources suggest that a portion of the larger bribe may have been directed toward judicial officials to influence the Appeal Court's ruling.
An audio clip leaked in recent weeks reveals discussions among suspects about payments to high-profile officials in exchange for removing detention orders. The clip reportedly mentions Rs. 100 million already obtained, with references to payments intended for influential figures.
The timing is striking: Harak Kata's detention was addressed by Karunarathna's bench at the very period when these alleged bribe negotiations were taking place.
Wijeyadasa Rajapaksha's Role
Former Justice Minister Wijeyadasa Rajapaksha has come under scrutiny not only due to his son's arrest but also because of his position during the relevant period. Rajapaksha served as Justice Minister while the Appeal Court was handling Harak Kata's case.
After his son's arrest, Rajapaksha arrived at the Bribery Commission to "inquire into matters concerning his son". Critics have questioned whether this represents genuine concern or damage control.
The leaked audio also references Saman Ekanayake, the Presidential Secretary during Ranil Wickremesinghe's administration, adding another layer of complexity to the alleged political-underworld nexus.
Judicial Independence Under Scrutiny
The allegations raise fundamental questions about judicial independence in Sri Lanka. While no formal charges have been filed against Judge Karunarathna, the mere existence of these claims damages public trust in the judiciary.
The Bribery Commission has pursued several high-profile cases involving former regime figures. However, observers note that some investigations were long overdue and had been "put on the back burner by previous governments".