BASL raises serious concerns over unauthorized prison release under Presidential Pardon

The BASL is urging the President to take steps to initiate a full and impartial investigation into the incident to identify all responsible parties and take appropriate disciplinary or legal action

By Lakmal Sooriyagoda  

The Bar Association of Sri Lanka (BASL) has written to President Anura Kumara Dissanayake expressing its serious concern over recent reports of an inmate allegedly being released from the Anuradhapura Prison under the guise of a Presidential Pardon without adherence to due legal process.  

In its letter to the President, the BASL is urging the President to take steps to initiate a full and impartial investigation into the incident to identify all responsible parties and take appropriate disciplinary or legal action. The BASL is further urging to strengthen transparency and accountability within the Department of Prisons, with a focus on comprehensive institutional reforms.  

In its letter, the BASL cited Article 34 of the Constitution, which empowers the President to grant pardons to convicted individuals. However, it stressed that such power must be exercised transparently, in accordance with proper procedures, and consistent with established judicial precedent.  

Referring to the Supreme Court judgment in Hirunika Premachandra v. Attorney General (SC/FR 221/2021), the BASL reiterated that the exercise of presidential clemency is subject to judicial review, especially in cases where due process appears to have been compromised.  

According to the BASL, the incident has raised serious questions regarding potential institutional malpractice, misuse of administrative authority, and failures in the internal control systems of the prison authorities. The situation was further compounded by a press release from the Presidential Media Division (PMD), which stated that no such pardon had been granted by President Dissanayake. The BASL noted that this points to a severe breakdown in procedural integrity and suggests possible impropriety.