Former Chief Justice Sarath N. Silva has strongly criticized the government’s proposal to create a Director of Criminal Cases (State Prosecutor) position, calling it a serious mistake and a subjugation of law to politics.
Silva recalled that a similar post was introduced during the 1970–1977 government when he served as Deputy Director of Criminal Cases. He emphasized that transferring the Attorney General’s authority over criminal cases to an external lawyer appointed by the Minister in charge would be a grave error that requires a constitutional amendment.
He cited the Bandaranaike government’s misuse of this position, where orders were given to arrest political opponents. Prominent opposition lawyer Lalith Athulmudali was among those targeted, leading to a high-profile legal battle when he attempted to challenge an arrest warrant at the private residence of the Director of Criminal Cases Magistrate. The situation escalated when higher courts rejected the decisions made by the Director of Criminal Cases, creating a legal crisis.
Silva urged the current government to learn from past mistakes, warning that shifting the Attorney General’s powers to another entity could have serious consequences. Speaking as a former Attorney General and Chief Justice, he urged the government to reconsider the decision.
He further recalled that the Kandy Bar Association strongly opposed this law during the Bandaranaike era, going as far as publicly burning the bill in protest.
