Forgery of presidential pardons; similar investigations ongoing in other prisons, ASG tells court

By Bhagya Silva

Additional Solicitor General Suharshi Herath Jayawira, appearing on behalf of the Attorney General, informed court that investigations are ongoing in several other prisons regarding incidents similar to the one currently before court, involving the alleged forgery of documents to secure presidential pardons for ineligible inmates.   
She also revealed that the wife of former Parliamentarian Melroy Fernando who was convicted by the High Court for the murder of two women in Wennappuwa had been granted a presidential pardon and released in similar manner despite not being listed among those eligible for such clemency.   
In connection with the present case, the suspect Thushara Upuldeniya was further remanded till July 9 by the Colombo Chief Magistrate. The court also ordered his transfer to another prison, citing concerns that his continued presence could interfere with ongoing investigations.   
Presenting facts to the court, ASG Jayawira said that the original list of 37 inmates recommended for release on Vesak Day by the Anuradhapura Prison Commissioner had been altered by the suspect. She said the suspect had removed the name of one prisoner from the list and submitted a revised list of 36 inmates to the Ministry of Justice, which was subsequently sent to the Presidential Secretariat for final approval.   
“The President approved only the 36 names in the final list. However, after receiving this approved list, the suspect had sent a letter back to the Anuradhapura Prison, falsely claiming that all 37 inmates had received the President’s pardon,” she told court.   
According to ASG Jayawira, the allegedly forged documents lacked official seals, signatures, or even a fax transmission stamp. The Anuradhapura Prison had also not verified the authenticity of the documents. She described the act as a deliberate abuse of authority involving the fabrication of official records and warned that the suspect, if released, could continue to misuse his access to institutional resources.   
In response, President’s Counsel Sarath Jayamanne and Counsel Darshana Kuruppu, appearing for the suspect, argued that their client had followed established procedures. They stated that he had forwarded a list of 388 inmates to the Ministry of Justice in anticipation of the Vesak pardon process, based on an inquiry received via WhatsApp from the Ministry Secretary. They further explained that additional names had been included between May 5 and May 14 as more inmates became eligible, and this was done in good faith.   
The defence also submitted an affidavit from the Anuradhapura Prison’s Operations Officer, stating that the inmate in question was released under instructions from senior prison officials. They noted that similar discrepancies had occurred in the past, citing Vesak 2023, when 640 inmates were released despite only 588 being listed, and Christmas, when 1,012 were released despite an official list of 988.   
However, ASG Jayawira pointed out that this affidavit was only produced the previous day, and that during earlier CID interviews, neither the suspect nor the officer had disclosed such information. She alleged that the suspect, even while in remand, had tried to pressure his subordinates to submit affidavits in his favour.   
“If he is released, one can only imagine how seriously it will undermine the investigation,” she said.   
After hearing all arguments, Colombo Chief Magistrate Thanuja Lakmali Jayathunga denied bail for the suspect.