Tuesday Apr 21, 2026
Tuesday Apr 21, 2026
Tuesday, 21 April 2026 03:02 - - {{hitsCtrl.values.hits}}
The Human Rights Commission of Sri Lanka (HRCSL) has called for strict adherence to constitutional and legal provisions when making arrests, following its finding that the arrest and suspension of former Prisons Commissioner General Thushara Upuldeniya violated his fundamental rights.
In a statement, the Commission said his detention had not been carried out in accordance with proper procedure and that his suspension from duty had been imposed unlawfully.
In recommendations issued on 23 March, the HRCSL directed the Inspector General of Police (IGP) and Public Security Ministry Secretary to examine the actions of the Director of the Criminal Investigation Department (CID) and take appropriate measures.
It also recommended that the Justice and National Integration Ministry Secretary take suitable action regarding the suspension process. The Commission further ordered that all officials be reminded through a circular to strictly follow constitutional and legal provisions when making arrests.
The recommendations, signed by Commission Chairperson retired Supreme Court Justice L.T.B. Dehideniya and Commissioner Nimal G. Punchihewa, are to be implemented and reported back by 30 April.
The matter was taken up following a complaint lodged by Upuldeniya’s wife, H.M.K. Herath, on 16 June 2025, alleging that he had been unlawfully suspended and removed from his post without fair reason, causing injustice and humiliation to him and his family.
Upuldeniya was arrested on 9 June 2025 by the CID following a complaint from the Presidential Secretariat regarding the release of a prisoner from Anuradhapura Prison on Vesak Poya Day. The Colombo Magistrate’s Court remanded him on 10 June 2025 and later released him on bail on 9 July 2025 under conditions including a travel ban and a prohibition on entering prison premises.
The Commission concluded that his rights under Articles 12 and 13(1) of the Constitution had been violated, highlighting the need for adherence to due process in arrests and disciplinary action.
