The Supreme Court of Sri Lanka has quashed a presidential pardon granted under former President Ranil Wickremesinghe to a man serving a 29-month prison sentence for defaulting on maintenance payments, declaring the release unlawful and unconstitutional.
A three-judge bench comprising Justice Janak De Silva, Justice Dr. Sobhitha Rajakaruna, and Justice Sampath K. B. Wijeratne delivered the verdict following a Fundamental Rights application filed by the convict’s former wife, Ahamend Jaleel Farmilla Begum.
The petitioner challenged the early September 2024 release of Mohamed Ameen Mohamed Naseem, who had served less than two months of his term following imprisonment by the Quazi Court for failing to pay Rs. 1.74 million in maintenance arrears.
The court ruled that former President Wickremesinghe, alongside the Ministry of Justice Secretary and the Commissioner General of Prisons, violated Article 12(1) constitutional guarantees of equality and equal law protection by granting the presidential remission.
The justices noted that prison authorities gave preferential treatment to the convict by recording his commitment as non-payment of a fine, whereas another inmate held under identical maintenance arrears received only a one-week sentence reduction.
Holding that clerical differences on commitment warrants could not justify unequal treatment, the bench invalidated the remission and reinstated the original prison term issued by the Negombo Magistrate’s Court.
The court designated the released convict a fugitive from justice and advised his immediate surrender to law enforcement, confirming that local magistrates retain existing statutory power to enforce the arrest warrant without requiring additional directives.
The bench clarified that the executive branch retains constitutional power to issue a fresh remission provided all procedures strictly adhere to legal standards.
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