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Illegal release of prisoners: ‘Relevant authorities must take them into custody’

Illegal release of prisoners: ‘Relevant authorities must take them into custody’

12 Jun 2025 | BY Buddhika Samaraweera


  • Prez Secretariat says the said institutions legally authorised to act, and hence will only intervene to monitor if no necessary remedial action taken 
  • CID should receive necessary directives from AG: Police




The Presidential Secretariat stated that if any individual who is supposed to be in prison is not, it is up to the relevant authorities to ensure that they are taken back into custody.

Following the revelation that an inmate from the Anuradhapura Prison had been released despite his name not being included in the official list of prisoners approved for a Presidential pardon on Vesak of this year, it has now come to light that over 60 such questionable releases have taken place over the past few years.

Speaking to The Daily Morning, the Presidential Secretariat's Legal Director, attorney J.M. Wijebandara said that if someone who is supposed to be in prison is not, the institutions responsible should take the necessary steps to correct it. "No pardon means no pardon. If someone acted beyond their legal power to release prisoners, then, it's up to the relevant institutions to fix the situation," he emphasised.

When queried as to whether individuals who have been released illegally will be taken back into custody, he said: "As the Presidential Secretariat, we don’t have the authority to order arrests. If someone who should be behind bars is out, that’s a matter for the Prisons authorities to handle. We don’t need to be watching over every move. The law already gives these institutions the authority that they need. If they don’t take action, we can step in and monitor the situation."

According to the President’s Media Division, the inmate in question had been convicted of financial fraud and was not included in the list of 388 inmates approved for a Presidential pardon for Vesak 2025. The approval process, as per the Constitution, involves recommendations made by the Prisons authorities, which must then go through the Ministry of Justice and National Integration, before being signed off by the President.

Meanwhile, Additional Solicitor General Dileepa Peiris told the Colombo Magistrate’s Court on Tuesday (10) that 68 inmates had been illegally released under the guise of a Presidential pardon during Christmas of last year (2024) and Independence Day in February 2025. Of the 68, he said that 57 were released during the Christmas period, and another 11 during the Independence Day pardon, despite not meeting the necessary legal criteria. He also noted that 338 inmates had been released from 29 prisons across the country during the Vesak Poya, and that at least two of them were released without valid approval.

When contacted by The Daily Morning, Acting Police Spokesperson, Assistant Superintendent of Police (ASP) F. U. Wootler, said that he was awaiting information from the Criminal Investigation Department (CID) regarding the action to be taken against individuals who have been released from prison illegally. “I am waiting for a message from the CID on what action they are going to take against them. They (CID) should first receive the necessary directives from the Attorney General. Then they will proceed with the next part of the inquiry. I haven’t received that message yet, but as soon as I do, I will share it with you all,” ASP Wootler added.




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