Unlawful Pardons: How 69 Inmates Were Released Without Presidential Approval

 

A Scandal Behind Bars: CID Uncovers Unauthorised Prisoner Releases

A Criminal Investigation Department (CID) report submitted to court this week has revealed a systemic breach of Sri Lanka’s presidential pardon process: 69 inmates across the country were released without official approval, exposing serious lapses—and possible fraud—within the prison system.

Background: A Sacred Tradition Marred by Controversy

Presidential pardons in Sri Lanka are traditionally granted during major national and religious occasions like Christmas, Independence Day, and Vesak. The process is governed by Article 34 of the Constitution, which outlines strict requirements: prison officials submit names for amnesty, the Justice Ministry vets them, and the final list must receive presidential approval before any release.

But this year, that system appears to have broken down.

What the CID Found: A Pattern of Breach and Forgery

According to the CID report:

57 inmates were released from 29 prisons on December 25, 2024

11 more were released from 28 prisons on February 4, 2025

None of these releases received the required presidential authorization.

The investigation was launched after a June 6 complaint from the Senior Additional Secretary to the President regarding the suspicious release of an inmate at Anuradhapura Prison. That case would become emblematic of a wider failure.

The Anuradhapura Case: Forged Letter, Real Release

One of the most egregious cases involves Athula Thilakaratna, an inmate facing multiple charges of fraud, forgery, and breach of trust. Despite being ineligible under pardon rules—and not appearing on the approved list—he was released on the basis of a fraudulent letter claiming presidential clemency.

The prison’s Superintendent, M.S. Mohan Karunaratne, has since been arrested. Another unauthorized release at the same facility is also under investigation.

Conflicting Claims: Officials Point Fingers

Commissioner of Prisons Gamini Dissanayake—who has since resigned—initially claimed that only approved inmates were released and that directives were properly followed. However, the Ministry of Justice disagrees, stating that Thilakaratna’s name was never on any official list.

Justice Minister Harshana Nanayakkara confirmed that more unapproved releases may come to light as the CID probe continues. “There was a clear lack of oversight,” he told The Sunday Times. “We’re investigating lapses and will strengthen controls.”

Legal Fallout and Political Pressure

Thilakaratna’s lawyer, Suranga Mohotti, insists his client was released due to a procedural error, not bribery or manipulation. Still, he acknowledged the case could escalate to the Supreme Court if further wrongdoing is proven.

In parallel, former Prisons Commissioner General Thushara Upuldeniya has also been remanded until June 25 pending inquiries into his potential involvement.

Toward Reform: A System Under Review

In light of mounting public outrage and legal ambiguity, a special committee has been established to review pardon procedures. The committee is expected to deliver a policy report aligning future practices with the Supreme Court’s previous rulings, which call for a "clear, consistent formula" under Article 34.

The Ministry of Justice is also preparing to issue new circulars to ensure tighter oversight and clarity in future releases.

A Cautionary Tale for Presidential Powers

While presidential pardons have long been a tool of compassion and rehabilitation, the current scandal reveals just how vulnerable the system is to abuse and manipulation. With dozens of inmates walking free illegally, the case has prompted calls for urgent reforms—not just in procedure, but in how power is exercised behind prison walls.