The Supreme Court has declared null and void a presidential amnesty granted by former President Ranil Wickremesinghe to a man serving a 29-month prison sentence for failing to pay Rs. 1.74 million in maintenance arrears.
In a judgment delivered on October 23, a three-judge Supreme Court bench ruled that the remission granted to Mohamed Ameen Mohamed Naseem under a general amnesty in September 2024 violated the fundamental right to equality and equal protection of the law guaranteed under Article 12(1) of the Constitution.
The bench comprised Justice Janak De Silva, Justice Dr. Sobhitha Rajakaruna and Justice Sampath K.B. Wijeratne.
The fundamental rights petition was filed by Naseem’s former wife, Ahamend Jaleel Farmilla Begum, who challenged his release after he had served less than two months of his sentence.
Naseem was imprisoned in July 2024 for failing to comply with a maintenance order issued by the Quazi Court. However, he was released on September 12, 2024, under a general amnesty granted to mark Prisoners’ Day.
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The Supreme Court found that Naseem had received preferential treatment because his imprisonment had been recorded as resulting from non-payment of a fine. Meanwhile, another prisoner imprisoned over similar maintenance arrears received only a one-week reduction in his sentence.
The court held that differences in the wording of the two prisoners’ commitment warrants did not justify the unequal treatment.
Accordingly, the Supreme Court ruled that former President Wickremesinghe, the Secretary to the Ministry of Justice and the Commissioner General of Prisons had violated the petitioner’s fundamental rights.
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The court declared the remission granted to Naseem null and void, restoring the legal effect of his original prison sentence.
In a significant observation, the court described Naseem as a “fugitive from justice”, noting that he had been released while his sentence remained legally in force. It stated that he should surrender immediately to law enforcement authorities.
The judgment further clarified that the original warrant issued by the Negombo Magistrate’s Court remained valid and provided sufficient legal authority for prison officials to detain Naseem and enforce the sentence.
However, the Supreme Court stated that it was unnecessary to issue a separate order directing the enforcement of the sentence, as the Magistrate’s Court already had the authority to take the necessary action.
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The court also clarified that the President remained empowered to grant a fresh remission, provided the decision was made in accordance with the law and after due consideration of all relevant circumstances.
The ruling was delivered in Fundamental Rights Application No. 319/2024.
