The Bar Association of Sri Lanka (BASL) has revealed issue following media reports that suggest the Cabinet of Ministers may be considering a review of the Attorney Generals choice regarding the discharge of 3 suspects in the Lasantha Wickrematunge assassination case.While acknowledging that the Attorney General is a public authorities accountable to the general public for his choices, the BASL emphasized that the Attorney General carries out a quasi-judicial function in criminal matters.As such, the Attorney General needs to choose whether to charge a suspect based on the material readily available and submitted to him by the examining authority.
In doing so, he will be required to think about whether such product is acceptable in law and whether based upon such material there exists a reasonable prospect of a conviction, the BASL stated in a letter address to the President.The Bar Association states that it has been held by the Supreme Court that decisions of the Attorney General are amenable to evaluate and that such an evaluation can be done either by way of exercise of writ jurisdiction or by method of the workout of the fundamental rights jurisdiction.As such any decision to either discharge or prosecute a suspect would go through evaluate by the pinnacle courts according to law, it said.The BASL said it is securely of the view that decisions of the Attorney General in criminal matters must not be reviewed by the political authorities including the Cabinet of Ministers as that would weaken the self-reliance of the office of the Attorney General, which is important to promote the guideline of law.It further stated that, whilst public dispute on decisions made by any public functionary is an essential aspect of a democratic society, the requirement to protect the independence of these functionaries is similarly essential.
It must be understood that judicial officers and quasi- judicial officers have to take decisions according to law, which sometimes may not always reflect the popular view.The letter additional notes that in the Victor Ivon v.
Sarath N.
Silva case (1998 ), Justice Mark Fernando observed: A citizen is entitled to a correct investigation - one which is fair, competent, prompt and proper - of a criminal grievance, whether it be by him or versus him.
The criminal law exists for the protection of his rights - of person, residential or commercial property and track record - and absence of a due investigation will deprive him of the defense of the law.Therefore, the Bar Association of Sri Lanka urged President Anura Kumara Dissanayake to guarantee that there is no excessive disturbance with the Attorney Generals powers and stresses the significance of protecting the self-reliance of key institutions, including the workplace of the Attorney General, to maintain the rule of law in Sri Lanka.