BASL writes to President on review of decisions of Attorney General

Saturday, 8 February 2025 02:06 - - {{hitsCtrl.values.hits}}

Insists decisions of AG in criminal matters should not be reviewed by political authorities

Attorney General

Parinda Ranasinghe

The Bar Association of Sri Lanka (BASL) yesterday fired an urgent letter to President Anura Kumara Dissanayake over the review of decisions of Attorney General Parinda Ranasinghe.

Following is the full text of the letter to the President signed by BASL President Anura B. Meddegoda, PC and Secretary Chathura A. Galhena.

The BASL is deeply concerned about media reports that the Cabinet of Ministers may be considering reviewing a decision of the Attorney General in connection with the discharge of three suspects in the Magistrate’s Court of Mount Lavinia case bearing No. B 92/2009 relating to the assassination of Lasantha Wickrematunge.

Whilst the Attorney General is a public functionary and as such is accountable to the public for his decisions, it must be noted that the Attorney General performs a quasi-judicial role in respect of criminal matters.

As such, the Attorney General has to decide whether or not to charge a suspect based on the material available and submitted to him by the investigating authority. In doing so, he 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.

It has been held by the Supreme Court that decisions of the Attorney General are amenable to review. Such a review can be done either by way of exercise of writ jurisdiction or by way of exercise of the fundamental rights jurisdiction. As such, any decision to either discharge or prosecute a suspect would be subject to review by the apex courts according to law.

The BASL is firmly of the view that decisions of the Attorney General in criminal matters should not be reviewed by political authorities, including the Cabinet of Ministers, as that would undermine the independence of the office of the Attorney General, which is crucial to uphold the rule of law.

Whilst public debate on decisions made by any public functionary is a vital element of a democratic society, the need to safeguard the independence of these functionaries is equally important. It must 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 the case of Victor Ivan 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.”

As such, we urge Your Excellency to ensure that there is no unwarranted interference with the exercise of the powers of the Attorney General and we trust Your Excellency will continue to protect 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.

Discover Kapruka, the leading online shopping platform in Sri Lanka, where you can conveniently send Gifts and Flowers to your loved ones for any event including Valentine ’s Day. Explore a wide range of popular Shopping Categories on Kapruka, including Toys, Groceries, Electronics, Birthday Cakes, Fruits, Chocolates, Flower Bouquets, Clothing, Watches, Lingerie, Gift Sets and Jewellery. Also if you’re interested in selling with Kapruka, Partner Central by Kapruka is the best solution to start with. Moreover, through Kapruka Global Shop, you can also enjoy the convenience of purchasing products from renowned platforms like Amazon and eBay and have them delivered to Sri Lanka.