The Hon. Harshana Nanayakkara, Attorney-at-Law – Minister of Justice and National Integration

¶ 01 Mr. Speaker, I thank Hon. Mano Ganesan for raising this very sensitive and democratic issue. I should also note to this august House that he did not raise it here for the first time. Both Hon. Mano Ganesan and Hon. Sujith Sanjaya Perera previously met me and discussed this sensitive situation. I thank them, and I respond with respect because they have been dedicated to this matter.

¶ 02 01. The Code of Criminal Procedure (Amendment) Act, No. 25 of 2024, was signed by the Speaker on 03.05.2024. Accordingly, it applies to judgments delivered after that date. We cannot have a situation of retrospective application of legislation, so it is a problem. During the time you made representations to me, I referred this issue to the Law Commission because I understand it is serious. I have not yet received observations recommending a change. Making it retrospective could be unconstitutional. I have requested the Law Commission to examine how we might resolve this, and I will remind them again to expedite their consideration.

¶ 03 02. Regarding overcrowding caused by delays in Government Analyst reports: to address the staff shortages in the Government Analyst’s Department—which have contributed to backlogs including narcotics and other criminal case exhibits—we have taken steps to fill vacancies in the Sri Lanka Scientific Service. A Cabinet Memorandum was submitted to recruit on a contract basis under the title “Scientific Research Officer.” The Cabinet has approved the creation, on a temporary basis, of 50 such positions. The Department of Management Services, by letter dated 16.01.2026, has conveyed concurrence to my Ministry. We will move swiftly to fill these vacancies so that reports can be furnished without delay.

¶ 04 03. On general amnesty for minor offences: pursuant to a written request from the Commissioner General of Prisons, I have already proposed to H.E. the President to grant a general amnesty in view of the National Independence Day on 04.02.2026.

¶ 05 04. From time to time, Presidential Pardons have been granted, subject to conditions, to prisoners over 65 and over 75 years. In the proposed amnesty for 04.02.2026, provision has also been proposed for prisoners over 65 years of age.