BASL raises alarm over alleged irregular Presidential Pardon

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By: Isuru Parakrama

June 12, Colombo (LNW): The Bar Association of Sri Lanka (BASL) has issued a strongly worded letter to President Anura Kumara Dissanayake, expressing serious concern over reports of an alleged irregular release of a convicted inmate from Anuradhapura Prison under the guise of a Presidential Pardon.

The incident has triggered widespread unease within legal circles over possible procedural violations and institutional malpractice.

In its letter dated June 11, 2025, the BASL urged the President to take immediate steps to address the issue, highlighting that Article 34 of the Constitution permits the Head of State to grant pardons.

However, the Association stressed that such powers must be exercised in a manner that is “transparent, procedurally sound, and consistent with judicial precedent.”

Referring to the Supreme Court judgement in Hirunika Premachandra v. Attorney General (SC/FR 221/2021), the BASL pointed out that the President’s clemency powers are subject to judicial review, especially when there are indications that due process may have been undermined.

The association noted that the alleged release has raised serious questions over the misuse of administrative authority, breaches in internal controls of the prison system, and a potential breakdown in procedural integrity.

According to the BASL, subsequent clarifications from the Presidential Media Division revealed that no such official pardon had been granted by President Dissanayake, suggesting that the release may have been unauthorised. The letter described these developments as indicative of “serious institutional failings” and warned of potential abuse of power.

“The Rule of Law must prevail without exception,” the BASL stated, urging that there should be no tolerance for arbitrary or unlawful releases that may disregard victims’ rights or judicial decisions.

To address the concerns, the BASL called on the President to launch a “full and impartial investigation” into the matter. It emphasised the need to identify and hold accountable all those involved, including disciplinary or legal action where necessary.

It also urged the strengthening of transparency and accountability within the Department of Prisons, particularly through institutional reforms.

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