The Bar Association of Sri Lanka (BASL) has express 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. 

In a letter addressed to President Anura Kumara Dissanayake on Wednesday (11), the BASL states that 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, it said.

The letter further stated that the Supreme Court judgment 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 to has been compromised. 

The Bar Association charged that 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. 

It said that the subsequent press release issued by the presidential Media Division (PMD) has further clarified that no such pardon had been officially granted by the President and that such unauthorized actions reflect a serious breakdown in the procedural integrity of the system, and also raises concerns of possible impropriety. 

The BASL says 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 Bar Association of Sri Lanka urges the President 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; and

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

The BASL said it stands ready to extend its fullest cooperation to the President, 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,” it said.