By The Pulseline News Desk
The Supreme Court has declared null and void a presidential amnesty granted by former President Ranil Wickremesinghe (RW) to a man sentenced to 29 months in prison for failing to pay Rs. 1.74 million in maintenance arrears, ruling that the remission violated the constitutional guarantee of equality before the law.
In its judgment delivered on October 23, a three-judge bench comprising Justice Janak De Silva, Justice Sobhitha Rajakaruna and Justice Sampath K.B. Wijeratne has held that the decision to remit the sentence of Mohamed Ameen Mohamed Naseem under a general amnesty in September 2024 had violated Article 12(1) of the Constitution.
The fundamental rights application was filed by Naseem’s former wife, Ahamend Jaleel Farmilla Begum, challenging his release after he had served less than two months of his prison sentence.
Naseem was imprisoned in July 2024 for failing to comply with a maintenance order issued by the Quazi Court. He was released on September 12, 2024, under an amnesty granted to mark Prisoners’ Day.
The Supreme Court has found that Naseem had received preferential treatment because his imprisonment had been recorded as arising from the non-payment of a fine. The court has noted that another prisoner jailed over similar maintenance arrears had received only a one-week reduction in his sentence.
It has held that differences in the wording of the two prisoners’ commitment warrants did not justify the unequal treatment.
Accordingly, the court has 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.
The judgment has declared Naseem’s remission null and void, restoring the legal effect of his original sentence. In a significant observation, the court has described him as a “fugitive from justice” because he had been released while his sentence remained legally valid.
The court has said he should surrender immediately to law enforcement authorities. It has also confirmed that the original warrant issued by the Negombo Magistrate’s Court remained valid and provided sufficient authority for prison officials to detain him and enforce the sentence.
However, the Supreme Court has said no separate order directing enforcement was necessary, as the Magistrate’s Court had already had the authority to take the required steps.
The judgment has clarified that the ruling did not prevent the President from granting a fresh remission, provided the decision complied with the law and was made after considering all relevant circumstances.
The ruling was delivered in Fundamental Rights Application No. 319/2024.
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