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Attorney General of Sri Lanka

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Attorney General of Sri Lanka
PostAttorney General of Sri Lanka
IncumbentVacant
StyleThe Honourable
Member ofCabinet of Sri Lanka, Judiciary of Sri Lanka
Reports toPresident of Sri Lanka
SeatColombo
AppointerPresident of Sri Lanka
Formation1884
InauguralC. R. Lambert

Attorney General of Sri Lanka The Attorney General of Sri Lanka is the chief legal advisor and chief public prosecutor in Sri Lanka. The office interfaces with the Judicial Service Commission (Sri Lanka), Supreme Court of Sri Lanka, Court of Appeal of Sri Lanka and represents the state before tribunals such as the Privy Council (historically) and contemporary international bodies like the International Court of Justice and the Permanent Court of Arbitration. The holder engages with ministries including the Ministry of Justice (Sri Lanka), the Ministry of Finance (Sri Lanka), and provincial councils such as the Western Province, Sri Lanka administration.

History

The office traces origins to British colonial institutions including the Ceylon Civil Service and the Attorney General of Ceylon established in the 19th century during the tenure of governors such as Sir Arthur Hamilton-Gordon and Sir William Gregory. Post-independence transitions involved key actors like D. S. Senanayake and constitutional instruments including the Soulbury Constitution and later the Republic of Sri Lanka (1972) and Constitution of Sri Lanka. The office evolved alongside landmark events: the Donoughmore Commission, the Bandaranaike assassination, the Sri Lankan Civil War, and actions by leaders such as J. R. Jayewardene, Chandrika Kumaratunga, and Mahinda Rajapaksa. Colonial-era legal lineage connected to institutions like the King's Counsel designation and reforms mirrored in other jurisdictions such as India and Pakistan.

Role and Responsibilities

The Attorney General provides legal opinions to the President of Sri Lanka, ministers including the Attorney General (portfolio) and statutory bodies like the Election Commission of Sri Lanka, the Human Rights Commission of Sri Lanka, and regulatory agencies such as the Central Bank of Sri Lanka. The office conducts prosecutions under statutes including the Penal Code (Sri Lanka), the Code of Criminal Procedure (Sri Lanka), the Prevention of Terrorism Act (Sri Lanka), and anti-corruption laws enforced by the Commission to Investigate Allegations of Bribery or Corruption. In civil matters the office represents state corporations such as Ceylon Petroleum Corporation, SriLankan Airlines, and Ceylon Petroleum Storage Terminal Limited before domestic courts and international arbitration panels like ICSID and the International Chamber of Commerce. The Attorney General interacts with legal professions such as the Bar Association of Sri Lanka and institutions like the Faculty of Law, University of Colombo and Sri Lanka Law College.

Appointment and Tenure

The Attorney General is appointed by the President of Sri Lanka often on the advice of the Prime Minister of Sri Lanka or following conventions involving the Judicial Service Commission (Sri Lanka). Tenure has been influenced by political changes under presidents including Ranasinghe Premadasa, Kumaratunga, Maithripala Sirisena, and Gotabaya Rajapaksa. Appointments have sometimes involved career prosecutors from the Attorney General's Department (Sri Lanka) or eminent jurists from the Supreme Court of Sri Lanka and Court of Appeal of Sri Lanka. Removal or resignation may follow constitutional crises like the 1977 constitutional reform or controversies tied to investigations by commissions such as the Lessons Learnt and Reconciliation Commission.

Office and Organizational Structure

The Attorney General heads the Attorney General's Department (Sri Lanka), which includes divisions handling criminal prosecutions, civil litigation, advisory services, and international law. Senior posts include the Solicitor General of Sri Lanka, Additional Solicitors General, and Crown Counsel (now State Counsel), who liaise with agencies like the Criminal Investigation Department (Sri Lanka), Department of Immigration and Emigration (Sri Lanka), and the Sri Lanka Police. The department maintains ties with academic centres like the National University of Singapore law faculties in comparative work and with regional bodies such as the South Asian Association for Regional Cooperation legal committees.

Notable Attorneys General

Prominent figures have included H. W. Jayewardene, who served before becoming a senior statesman, and Nissanka Wijeyeratne, who moved between administrative and legal offices. Others such as Elanga Wikramanayake, Lakshman Kadirgamar (noting his later role as Minister of Foreign Affairs (Sri Lanka)), and Shirley Corea shaped constitutional and human rights jurisprudence. Attorneys General have often engaged with landmark cases involving actors like Velupillai Prabhakaran (through terrorism legislation), corporations such as John Keells Holdings and banks like the People's Bank (Sri Lanka), and inquiries connected to events like the 1983 anti-Tamil pogroms and the 2004 Indian Ocean earthquake and tsunami relief litigation.

List of Attorneys General

A chronological roster spans colonial-era holders like C. R. Lambert and Frederick Charles Chalmers through post-independence appointees such as D. S. W. Jayaratne, S. J. Walpola, P. C. Godamunne, Milinda Moragoda, Prasanna Jayawardena, and recent incumbents who interacted with administrations of Ranil Wickremesinghe and Maithripala Sirisena. The list encompasses legal luminaries who later served on bodies like the Supreme Court of Sri Lanka, International Criminal Court engagements, or diplomatic posts including postings to United Nations missions.

Controversies and Criticism

The office has faced scrutiny over alleged politicization during periods led by figures such as Mahinda Rajapaksa and Gotabaya Rajapaksa, allegations involving interference in prosecutions tied to corruption probes concerning entities like the Central Environmental Authority (Sri Lanka) and cases involving ministers such as Mangala Samaraweera and Basil Rajapaksa. Criticism has arisen around handling of terrorism cases under the Prevention of Terrorism Act (Sri Lanka), responses to human rights reports by organizations like Amnesty International and Human Rights Watch, and decisions affecting investigations by the Crimes Investigations Department. Debates continue over transparency reforms advocated by bodies including the Transparency International Sri Lanka chapter and proposals in reports by the United Nations Human Rights Council.

Category:Law of Sri Lanka Category:Government of Sri Lanka