Sri Lanka Bar Association Expresses Concern to the President
14-Jun-2025.
The Bar Association of Sri Lanka has expressed deep concern to the President regarding a recent incident involving the release of a prisoner from the Anuradhapura prison.
The association stated that the circumstances surrounding the release raise serious questions about the integrity of the institutional processes involved. It also warned that such incidents could recur in the future if appropriate procedures are not strictly followed.
The concern arose following the release of W.H. Athula Thilakarathna, who had been incarcerated at the Anuradhapura prison and was reportedly released under a presidential pardon granted on the occasion of Vesak in 2025.
It was later revealed that serious irregularities had taken place in this process, prompting the Criminal Investigation Department (CID) to initiate a formal inquiry.
Investigations revealed that certain prisoners who had not been granted a presidential pardon were falsely identified as recipients of such clemency and were subsequently released.
In a letter sent to President Anura Kumara Dissanayake by BASL President Rajeev Amarasuriya and Secretary Sathuura Galhena, the association strongly expressed its concern regarding the legal and procedural breaches involved in the release of the prisoner from Anuradhapura prison without proper legal due process.
The letter emphasized that while Article 34 of the Constitution empowers the President to grant pardons to convicted individuals, such powers must be exercised transparently, in accordance with established procedures, and within the framework of the law.
The Supreme Court, in the case involving Hirunika Premachandra and the Attorney General, has previously ruled that the exercise of the presidential pardon is subject to judicial review if proper procedures are violated.
In this context, the current incident has raised numerous questions regarding the possible malfunctioning of government institutions, misuse of administrative powers, and the violation of internal control mechanisms within the prison system.
A media statement released by the Presidential Media Division confirmed that no official presidential pardon had been granted in this case.
This situation not only reflects a failure of procedural integrity within the relevant institutional framework but also raises alarming concerns about potential procedural lapses in the future.
The rule of law must be upheld without exception. The release of prisoners must not occur in a manner that contravenes legal provisions, disregards judicial decisions, or infringes on the rights of victims.
Therefore, the Bar Association has urged the government to conduct a full and impartial investigation into this incident, identify the parties responsible, and initiate legal action against them without delay.
The letter also called for strengthening the operations of the Department of Prisons to ensure accountability and transparency moving forward.
