BASL writes to AKD expressing concern over alleged irregular grant of Presidential Pardon

Thursday, 12 June 2025 04:30 - - {{hitsCtrl.values.hits}}

The Bar Association of Sri Lanka (BASL) has written to President Anura Kumara Disanayake expressing its serious concern regarding recent reports of an inmate allegedly released from Anuradhapura Prison under the guise of a Presidential Pardon, without having followed proper legal process.

“As Your Excellency is aware, Article 34 of the Constitution empowers the President to grant Pardons to convicted individuals. However, this power must be exercised in a manner that is transparent, procedurally sound, and consistent with judicial precedent,” the BASL said.

It recalled that the Supreme Court judgement of Hirunika Premachandra v. Attorney General (SC/ FR 221/ 2021), among others, affirms that the exercise of the clemency power is subject to judicial review, especially where due process has been compromised.

“The incident involving the alleged release of the convicted inmate has raised grave questions about possible institutional malpractice, misuse of administrative authority, and breaches in the internal control systems of prison authorities,” the BASL letter to President Disanayake, signed by its President Rajeev Amarasuriya and Secretary Chathura Galhena, said.

“The subsequent press release issued by the Presidential Media Division (PMD) has further clarified that no such pardon had been officially granted by Your Excellency. Such unauthorised actions reflect a serious breakdown in the procedural integrity of the system, and also raises concerns of possible impropriety,” it added.

The BASL stressed that the Rule of Law must prevail without exception, and no space should exist for the arbitrary or unlawful release of prisoners, especially in a manner that disregards the victims’ rights and judicial determinations.

In this regard, the BASL has urged President Disanayake to take steps to:

1. Direct a full and impartial investigation into the incident, identifying all responsible parties, and taking necessary disciplinary or legal action against the perpetrators.

2. Strengthen transparency and accountability in the operations of the Department of Prisons, with a focus on institutional reforms.

“The BASL stands ready to extend its fullest cooperation to Your Excellency, the Ministry of Justice, and other relevant authorities in advancing these efforts. We remain committed to upholding the Rule of Law and ensuring that the justice system serves the people with integrity and fairness. We trust Your Excellency will treat this matter with the urgency and gravity it deserves,” the BASL letter to President Disanayake added.

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