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The Bar Association of Sri Lanka (BASL) has strongly opposed any political interference in the decisions of the Attorney General (AG), stating that such actions would undermine the rule of law. In a letter to President Anura Kumara Dissanayake, the BASL emphasized that the AG’s decisions in criminal matters should not be subject to review by political authorities, including the Cabinet of Ministers.
Concerns Over AG’s Independence
This statement comes amid controversy surrounding the discharge of three suspects involved in the murder of Sunday Leader Editor Lasantha Wickrematunge. The President’s decision to summon Attorney General Parinda Ranasinghe (Jnr) for a meeting on February 6 has further fueled concerns over potential political influence.
The BASL expressed alarm over media reports suggesting that the Cabinet of Ministers might review the AG’s decision in the Mount Lavinia Magistrate’s Court case related to Wickrematunge’s assassination. The association urged President Dissanayake to prevent any unwarranted interference with the AG’s authority and uphold the independence of key legal institutions.
Legal Framework for Reviewing AG’s Decisions
The BASL’s letter, dated February 7, 2025, and signed by its President, Anura Meddegoda, PC, and Secretary, Chathura Galhena, clarified that any decision to prosecute or discharge a suspect is already subject to review within Sri Lanka’s legal framework.
“The Attorney General performs a quasi-judicial role in criminal matters,” the BASL stated. “Decisions by the AG must be based on evidence, admissibility of material in court, and reasonable prospects of securing a conviction. The Supreme Court has established that such decisions are subject to judicial review through writ jurisdiction or fundamental rights applications.”
Public Debate and Judicial Independence
The BASL acknowledged that public debate on the AG’s decisions is an essential part of a democratic society but stressed that judicial and quasi-judicial officers must make decisions based solely on the law, even when those decisions are unpopular.
Discharge of Suspects and Response
In a letter to the CID Director dated January 27, 2025, the AG justified the decision not to prosecute three key suspects:
Sergeant Prem Ananda Udalagama (former Army Intelligence Unit member)
Sub-Inspector Tissa Siri Sugathapala (former Crimes OIC, Mount Lavinia Police)
Retired Senior DIG Prasanna Nanayakkara
This decision was linked to magisterial inquiry case number B/92/2009. Meanwhile, there is a proposal to debate the matter in Parliament.
Additionally, it was reported that a senior lawyer from the AG’s department met with protesters and assured them that they could challenge the acquittals in court if they had any objections. Meanwhile, journalist organizations are actively discussing strategies to escalate their campaign for justice in the assassination of Lasantha Wickrematunge and other slain journalists.
Need for Immediate Action
As concerns mount over political interference, legal experts and civil society are calling for firm measures to ensure the independence of the AG’s office. The upcoming parliamentary debate on the matter will be a crucial moment in determining the future of judicial independence in Sri Lanka
