President Anura Kumara Dissanayake declared that he will not issue executive directives to bypass existing prison laws and regulations, asserting that any unsuitable statutory provisions must be revised through established legislative mechanisms. The announcement came during a special discussion convened at the Presidential Secretariat in Colombo with the Maha Sangha, following widespread public concern over the Department of Prisons’ decision to disrobe Ven. Galagodaaththe Gnanasara Thero and present him before court in lay attire.
The high-level meeting addressed a letter formally submitted by the Mahanayake Theros to the Commissioner-General of Prisons, assessing the societal reactions triggered by the incident and exploring measures to avoid similar occurrences in the future. Firmly rejecting ad-hoc executive interventions, President Dissanayake stressed that issuing arbitrary orders would undermine the rule of law. He maintained that if regulations are set aside according to personal wishes, the legal system devolves into personal rule, noting that while laws are not eternal and require modernization, they must be amended through regular legislative channels.
Outlining the framework of the correctional system, the President explained that operations remain governed by the Prisons Ordinance enacted in 1877, ministerial regulations, and standing orders issued by the Commissioner-General of Prisons under ministerial approval. He noted that existing frameworks were predominantly drafted for ordinary inmates, containing limited measures tailored specifically to Buddhist monks. Acknowledging that the sight of a venerated monk appearing in lay clothing was deeply distressing to the Buddhist public and the Maha Sangha, President Dissanayake clarified that prison officers had merely carried out existing statutory procedures and should not be faulted for executing the law.
Key Developments
- Adherence to the Rule of Law: President Dissanayake firmly declined to issue executive orders bypassing existing prison legislation, affirming that statutory reforms must strictly follow constitutional processes.
- Establishment of a Special Review Committee: A multi-agency committee comprising representatives from the Attorney General’s Department, the Ministry of Justice, the Ministry of Public Administration, the Ministry of Buddhasasana Affairs, prison officials, and the Commissioner-General of Prisons has been tasked with presenting proposed regulatory amendments within two weeks.
- Broadened Scope of Protocols: The review will formulate standardized protocols governing the detention of Buddhist monks inside correctional facilities as well as their transport outside prison premises, including court appearances before the public and media.
- Universal Application: Any forthcoming reforms will apply consistently across the entire penal system rather than being tailored to favor or single out specific individuals.
The President confirmed that proposed legislative and regulatory revisions would be formally reviewed with the Maha Sangha prior to adoption. Representatives of the Maha Sangha across the three Nikayas welcomed the government’s approach to resolving the matter through institutional reforms. The discussion was also attended by Minister of Buddhasasana, Religious and Cultural Affairs Dr. Hiniduma Sunil Senevi and Minister of Justice and National Integration Harshana Nanayakkara.