The Bar Association of Sri Lanka states that it is concerned about the political establishment and the Cabinet influencing the recommendations of the Attorney General. They also point out that the rule of law is being undermined through this.
The association states this in a letter addressed to President Anura Dissanayake.
The letter, which expresses its displeasure over the review of the Attorney General’s decisions by Parliament, states as follows.
The Bar Association of Sri Lanka (BASL) is deeply concerned about media reports that the Cabinet may consider reviewing the Attorney General’s decision regarding the release of three suspects in the Mount Lavinia Magistrate’s Court case No. B 92/2009 in connection with the murder of Lasantha Wickramatunga.
The article points out that although the Attorney General is a public figure and is therefore accountable to the public for his decisions, it should be noted that the Attorney General plays a quasi-judicial role in criminal matters.
Accordingly, it is up to the Attorney General to decide whether or not to charge a suspect based on the evidence available and presented by the investigating authority.
The Supreme Court has held that the decisions of the Attorney General are amenable to review and that such action can be taken by exercising writ jurisdiction or fundamental rights jurisdiction. Therefore, any decision to release or prosecute a suspect is subject to review by the Supreme Court in accordance with law.
The Bar Association of Sri Lanka strongly believes that the review of the decisions of the Attorney General in criminal matters by political authorities, including the Cabinet, undermines the independence of the Attorney General’s Office, which is essential to safeguard the rule of law.
Therefore, the Bar Association of Sri Lanka requests the President to ensure that there is no unnecessary interference in the exercise of the powers of the Attorney General.