Sri Lanka: Bar Association Condemns Dissanayake’s Interference in AG’s Decisions

The Bar Association of Sri Lanka (BASL) has issued a powerful statement warning the government against reviewing the Attorney General’s (AG) decisions, stating that such political interference threatens the independence of the judicial system and the rule of law.

The statement, addressed to President Anura Kumara Dissanayake, comes in response to reports that the Cabinet of Ministers may be considering a review of the AG’s decision to discharge three suspects in the assassination case of journalist Lasantha Wickrematunge (Magistrate’s Court of Mount Lavinia case No. B 92/2009).

“The Attorney General is a public functionary performing a quasi-judicial role in criminal matters. Decisions to charge or discharge suspects must be based strictly on legal evidence, not political influence,” the BASL declared.

The association strongly emphasized that while judicial decisions are subject to review by the courts, any attempt by political authorities, including the Cabinet, to interfere with the AG’s prosecutorial discretion would set a dangerous precedent.

“Any move to review AG’s decisions by the executive branch undermines the independence of the office and erodes public confidence in the justice system,” the statement warned, citing Supreme Court precedents that establish the proper legal channels for reviewing prosecutorial decisions.

Quoting a landmark ruling in Victor Ivan v. N. Silva, Attorney General and Another (1998), the BASL reminded the government that due process and fair investigations are fundamental rights of every citizen, and any deviation from this principle would compromise justice.

The BASL called on President Dissanayake to uphold the integrity of Sri Lanka’s legal institutions, ensuring that no undue pressure is exerted on the AG’s office. “Safeguarding the independence of these institutions is crucial for upholding democracy and the rule of law in our country,” the statement concluded.