Not Presidential Pardon — A Prison Boss’s Pardon

COLOMBO (News 1st); The Commissioner General of Prisons, Thushara Upul Upuldeniya, who was taken into custody, has been remanded until tomorrow.

This followed his presentation before Colombo Additional Magistrate Manjula Rathnayake.

Thushara Upul Upuldeniya was arrested last night by officers of the Criminal Investigation Department.

Commissioner General of Prisons Thushara Upuldeniya, who was arrested in connection with the illegal release of prisoners under the misuse of the Presidential Pardon, was presented before court this afternoon.

Additional Solicitor General Dileepa Peiris, presenting a report on the investigation on behalf of the Attorney General’s Department, stated that the power to release prisoners under the President’s general amnesty, as granted by the Constitution, had been misused.

Dileepa Peiris pointed out that the individual who received the general amnesty in question had only served ten days of imprisonment.

Quote: "Your Honour, out of 388 prisoners to be released under the President’s general amnesty, 36 were designated for release from Anuradhapura Prison. However, the name of this individual was not on that list. Despite this, the suspect was released under the general amnesty. All of this occurred with the knowledge of the Commissioner General of Prisons." End of Quote

The Additional Solicitor General emphasized that this incident was a serious blow to the rule of law.

Quote: "Your Honour, during this process, judicial authority has been misused. This is a severe blow to the supremacy of the law. These state officials have acted in disregard of court-imposed sentences. It’s as if a separate court is operating within the prison. They have granted pardons to individuals of their choosing. This is not a presidential pardon—it is a pardon by the Commissioner General of Prisons." End of Quote

Dileepa Peiris further revealed that, outside the standard procedure for granting presidential pardons, 57 prisoners were released on Christmas Day last year, and 11 more on Independence Day this year.

Quote: "This is a broad investigation. These numbers may change. We will take legal action against every official who has misused the law in this manner. All prison officials who acted outside the legal framework should now be prepared. We have already begun investigations. Furthermore, Your Honour, during questioning, we inquired about documents obtained by the suspect. These documents appear to be from a state institution, but they lack dates, days, or reference numbers. Officers of the respected Department of Prisons are acting like schoolchildren. Your Honour, we now suspect that the suspect arranged for the release of the prisoner before receiving the official list from the Anuradhapura Prison Superintendent." End of Quote

Dileepa Peiris also stated that individuals not eligible for the presidential pardon were recommended for release during the last Vesak Poya Day.

Quote: "On the last Vesak Poya Day, 388 prisoners were granted presidential pardons. However, some ineligible prisoners were also included in that list. This has been happening for some time." End of Quote

Appearing on behalf of the suspect, Senior Attorney-at-Law Darshana Kuruppu requested bail, stating that his client had no knowledge of the release of a prisoner from Anuradhapura Prison under the presidential pardon.

Quote: "Your Honour, this suspect is not among the 388 prisoners released under the presidential pardon. The reason is that the circular issued by the government regarding the release of prisoners grants certain powers to the prison superintendent. According to that circular, the superintendent can release additional prisoners beyond those named. The Anuradhapura Prison Superintendent acted based on a misunderstanding of this circular. Your Honour, the circular also states that the superintendent bears full responsibility for any such releases. Therefore, it is clear that my client has no involvement in this incident. Your Honour, not only my client but also the Secretary to the Ministry of Justice and the Secretary to the President should be investigated, as the list of named prisoners is sent through the Ministry Secretary to the President’s Secretary." End of Quote

At this point, Solicitor General Dileepa Peiris, appearing on behalf of the Attorney General’s Department, objected to granting bail to the suspect.

After considering the submissions, the Additional Magistrate ordered the suspect to be remanded until tomorrow.