October 12, Colombo (LNW): In a bid to standardise procedures and uphold the integrity of judicial practice, the Judicial Service Commission (JSC) has issued a formal directive to all magistrates across the country, firmly instructing them not to authorise the detention of suspects or prisoners in so-called “special” prison facilities.
The instruction, delivered via an official circular signed by JSC Secretary Prasanna Alwis, was distributed to all judicial officers as part of a broader effort to curtail inconsistent practices and reinforce the equal application of custodial regulations.
This decision comes in response to rising concerns and complaints over select judicial officers having previously directed that certain individuals in custody be granted special treatment—such as being detained in facilities offering enhanced conditions or security, outside the purview of standard prison protocol.
The Commission’s communication made it explicitly clear that magistrates are not to issue instructions that allow for preferential treatment, including special security arrangements for suspects or inmates. Should any such requests arise during court proceedings, magistrates are now expected to redirect them to the relevant prison authorities, particularly the superintendent, who holds the responsibility for such decisions.
The circular further prohibits judicial officers from permitting prisoners temporary leave from incarceration for personal reasons—such as attending family gatherings or events. The JSC insisted that the sanctity of custodial sentences must be respected, regardless of personal circumstances.
Moreover, the directive includes specific guidance on how to handle cases where prisoners must be taken out of prison for any reason. In such situations, the prison superintendent is now required to provide written notice to the relevant magistrate, including a full account of the reasons behind the transfer or outing.
Medical concerns raised by inmates are also addressed in the new guidelines. Any request made by a prisoner regarding medical treatment must be simultaneously reviewed by both the presiding magistrate and the designated prison medical officer, ensuring a dual layer of oversight.
