Can the Public Prosecutor ensure the Independence of the Public Prosecution?

FRAGMENTED PROSECUTORIAL STRUCTURES AND POLITICAL INTERFERENCE THREATEN THE INTEGRITY AND EFFECTIVENESS OF SRI LANKA’S JUSTICE SYSTEM

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Sri Lanka faces a renewed debate over prosecutorial independence as proposals to create a separate Public Prosecutor's Office surface. Historical and international examples show dual prosecutorial systems often lead to fragmented evidence, political manipulation, and failed convictions. Experts warn the Attorney-General's Department's unity is crucial to safeguard impartial justice.

When the Maritime Provinces of the Island of Ceylon was under British occupation, Colonial Rulers adopted the Royal Charter of 1801, under which the office of the Governor was first established and Sir Frederick North was appointed as the first Governor.

By the same Charter, the Supreme Court was first established in then Ceylon in 1801. The Charter provided for the appointment of the Advocate Fiscal to prosecute against criminals charged with grave crimes. The same Charter facilitated for the admission of Advocates and Proctors of the Supreme Court. Advocate Fiscal was the Chief Prosecuting Officer on behalf of the Crown.

In 1833, after the Kandyan Provinces were also annexed to the Maritime Provinces, the jurisdiction of the Supreme Court was extended to the whole Island and the Advocate Fiscal continued as the Principal Law officer of the Government.

Later on, he was known as the ‘King’s Advocate’ (or ‘Queen’s Advocate’ as the case may be). Later they introduced two offices as the Queen’s Advocate and the Deputy Queen’s Advocate. They have been redesignated as ‘the Attorney General’ and ‘the Solicitor General’ in 1884. Since then, the Attorney General was the Chief Law Officer as well as the Chief Prosecutor of the Government. The evolution of this office has been discussed by Dr. D. F. H. Gunawardhana, J. in the case of H.M.N. Devapriya Vs. Chief Inspecter of Police Head Quarters (CA (Writ) No. 589/2024 C.A. Minute dated 17.07.2025)