The Colombo Magistrate’s Court ordered that the Commissioner General of Prisons, Thushara Upuldeniya, who was arrested by the Criminal Investigation Department (CID), be remanded until tomorrow (June 11).
The CID produced the suspect, Commissioner General of Prisons, before Colombo Additional Magistrate Manjula Ratnayake yesterday afternoon.
Timeline of Events:
- May 02, 2025: Wijekoon Mudiyanselage Athula Thilakaratne was sentenced to prison for financial fraud by the Anuradhapura High Court.
- May 12, 2025: Thilakaratne was granted release under a presidential pardon on Vesak Poya Day.
- June 05, 2025: It was revealed before the Anuradhapura High Court that the accused had been released under presidential pardon.
- June 06, 2025: The Secretary to the President filed a complaint with the CID under the heading: “Regarding the release of a prisoner who was not approved under the Presidential Pardon.”
- June 08, 2025: Anuradhapura Prison Superintendent Mohan Karunaratne was arrested by the CID.
- June 09, 2025: Karunaratne was remanded until June 11.
- June 09, 2025: Commissioner General of Prisons Thushara Upuldeniya was arrested by the CID.
- June 10, 2025: Upuldeniya was remanded until June 11.
“These individuals are running an empire within their institutions” Additional Solicitor General Dileepa Peiris, appearing for the CID, told the court, “Your Honour, this suspect is the Commissioner General of Prisons in Sri Lanka. He has been arrested and produced before this court for abusing the presidential pardon granted to individuals convicted by court orders. He has undermined your judicial authority. The Inspector General of Police maintained a private assault unit and attacked a hotel hostile to him. He has been remanded and is now on bail. The Controller of Immigration and Emigration is also in remand over contempt of court charges. Now, the Commissioner General of Prisons stands before you. Your Honour, these individuals are running their own empires within state institutions. They rule within their domains.”
He further explained, “Under Article 34 of the Constitution, the President holds the power to pardon convicted individuals. On special occasions such as Vesak and Christmas, general pardons are granted. The standard process is for the Secretary to the Ministry of Justice, through the Commissioner General of Prisons, to collect reports from the island’s prisons, categorize eligible prisoners, and submit the report to the Secretary to the President. In this case, reports were collected from 28 prisons. A list of 388 prisoners eligible for pardon was submitted.”
“A powerful attack on the judiciary” Continuing, Peiris stated, “The Anuradhapura High Court fined defendant Athula Thilakaratne two million rupees. As the fine was unpaid, he was remanded. However, when the case resumed recently, prison officials informed the court that he had been granted a presidential pardon and released. But his name was not on the official list of 388 pardoned prisoners. Nor was he among the 36 names proposed by the Anuradhapura Prison Superintendent. How did he get released?
This is a grave misuse of power. A court conviction is the result of an extensive legal process. Releasing such an individual arbitrarily is a direct attack on the judiciary. After media coverage of the release, a public outcry erupted. Since the released individual is from Anuradhapura, and so is the President, suspicions have arisen regarding political interference. This prompted the government to launch an immediate investigation.”
“57 prisoners were released illegally on Christmas Day last year” Peiris added, “Your Honour, in a short time, we have uncovered vast evidence. This practice of unauthorized releases has been ongoing. On Christmas Day 2024, 57 prisoners were released illegally. Eleven more were released similarly on Independence Day this year. Prison superintendents have exercised personal discretion, bypassing the official recommendations. Even individuals fined Rs. 225,000 were released. We have launched a comprehensive investigation into these practices, including into the assets of high-ranking prison officials. Dangerous criminals have been released under the guise of presidential pardons. The complaint that triggered this investigation was lodged by Additional Secretary to the President, Prasanna Indrajith.”
“The suspect acted in accordance with a circular issued by the Presidential Secretariat” Defense Counsel Darshana Kuruppu, appearing for Upuldeniya, argued, “Your Honour, my client acted in accordance with a circular issued by the Presidential Secretariat. The names of prisoners to be released on Vesak or Christmas are generally sent in advance. However, the circular allows later inclusion of additional names. Those added later are not on the original list. If there was an error, responsibility lies with the Secretaries to the Ministries of Justice and the President. My client followed procedure and is willing to cooperate. He is currently suspended and has no access to prison facilities, nor the ability to influence the investigation. I request bail under any condition.”
Peiris responded, “Your Honour, the circular presented by the defense lacks a reference number. A circular must carry a reference number to be valid. Heads of institutions cannot act informally.”
Magistrate’s Order After hearing both sides, Magistrate Manjula Ratnayake rejected the bail request, stating that releasing the suspect at this stage could obstruct the investigation. The Magistrate ordered that Upuldeniya be remanded until June 11 and produced before the Permanent Magistrate on that date.
Upon remanding the suspect, the defense again requested special protection for him in prison, citing threats from underworld figures. Peiris countered, “That is his home; no special security is required.”
Nonetheless, the Magistrate directed the Superintendent of Prisons to provide special security to the suspect during his remand.
