The Bar Association of Sri Lanka (BASL) is deeply concerned about recent social media posts that target the Hon. Attorney General. These social media posts seek to unfairly interfere with the independence of the office the Attorney General.
It must be noted that the Attorney General performs a quasi-judicial role in respect of criminal matters. The Attorney General has to decide whether or not to charge /indict a suspect based on the material available and submitted to him by the investigating authority. In doing so, the Attorney General will be required to consider whether such material is admissible in law and whether based on such material there exists a reasonable prospect of a conviction.
The decisions of the Attorney General are reviewable, by way of the exercise of Writ jurisdiction before the Court of Appeal or by way of the exercise of the Fundamental Rights jurisdiction before the Supreme Court.
It must also be understood that judicial officers and quasi-judicial officers have to take decisions according to law, which sometimes may not necessarily reflect the popular view.
In case of Victor Ivon v. Sarath N. Silva, Attorney-General and Another (1998) 1 Sri.L.R. 340 at 349, it was observed by Justice Mark Fernando that – “A citizen is entitled to a proper investigation – one which is fair, competent, timely and appropriate – of a criminal complaint, whether it be by him or against him. The criminal law exists for the protection of his rights – of person, property and reputation – and lack of a due investigation will deprive him of the protection of the law.”
Whilst every citizen has a right to critique the decisions of public officials including the Attorney General it must be done in a manner that will not undermine the independence of the office of the Attorney General and to the detriment of the rule of law. The officers of the Department of the Attorney General should not be subject to unwarranted and unfair interference from sections of the public or media who do so to achieve their partisan ends.
The BASL firmly believes that it is the duty of the Government and the Law Enforcement agencies to ensure that there is no unwarranted interference with the exercise of the powers of the Attorney General. The Government must ensure the protection of the independence of key institutions
including that of the office of the Attorney General which is essential to protect the rule of law in our country.
We strongly urge that the independence and integrity of the office of Attorney General be protected at all times to ensure the protection of the cherished principles of justice and freedom.
