The Bar Association of Sri Lanka (BASL) has expressed concern over the political authority and the Cabinet influencing the recommendations of the Attorney General, stating that such actions undermine the rule of law.
In a letter addressed to President Anura Dissanayake, the BASL raised concerns regarding the potential political review of the Attorney General’s decision regarding the release of three suspects in Mount Lavinia Magistrate’s Court case No. B 92/2009, related to the murder of journalist Lasantha Wickramatunga.
Review of the Attorney General’s Decisions
The BASL is deeply concerned about media reports that the Cabinet may consider reviewing the Attorney General’s decision on the release of three suspects involved in the case.
Although the Attorney General is a public officer and therefore accountable for his decisions, it should be noted that he plays a quasi-judicial role in criminal matters. The Attorney General must decide whether or not to charge a suspect based on the evidence available, considering whether the facts presented by the investigating authority are admissible in law and whether there is a reasonable prospect of conviction.
The Supreme Court has previously ruled that decisions made by the Attorney General are subject to review. Such reviews can be conducted through writ jurisdiction or fundamental rights cases. Therefore, any decision to acquit or prosecute a suspect must follow proper legal review mechanisms rather than political intervention.
The BASL strongly believes that decisions made by the Attorney General in criminal matters should not be reviewed by political authorities, including the Cabinet, as this would compromise the independence of the Attorney General’s Office. The association argues that the AG’s independence is crucial to upholding the rule of law and ensuring fair legal proceedings.
While public debate on state decisions is an essential part of a democratic society, the need to protect the independence of legal institutions is equally important. Judicial and quasi-judicial officers are required to make decisions in accordance with the law, even when those decisions may not align with popular opinion.
In Victor Ivan v. Sarath N. Silva, Attorney General and Another (1998) 1 S.L.R. 340 at 349, Justice Mark Fernando ruled:
“A citizen is entitled to a fair, competent, timely, and appropriate investigation into a criminal complaint, whether it is made by or against him. The criminal law exists to protect his personal rights, property, and reputation, and the absence of a proper investigation would deprive him of the protection of the law.”
Therefore, the BASL urges President Anura Dissanayake to prevent undue interference in the Attorney General’s legal decisions. The association emphasizes the need to safeguard the independence of key institutions, including the Attorney General’s Office, which plays a vital role in upholding the rule of law.
