Arrest of former President Ranil: Test case for Sri Lanka’s democracy

SRI Lanka has entered uncharted political and legal territory. For the first time in its post-independence history, a former President has been arrested, remanded, and brought before a court of law. The charges concern the alleged misuse of public funds for private foreign travel, following investigations by the Criminal Investigation Department (CID).

- By Masihudeen Inamullah

This event is more than a legal case. It is a litmus test for Sri Lanka's democratic institutions, the independence of its judiciary, and the rule of law in a system long accused of shielding political elites from accountability.

Executive immunity and its limits

Since the introduction of the Executive Presidency in 1978, allegations of abuse of power have been constant. The Constitution grants the sitting President immunity from prosecution, effectively placing the officeholder above the law for the duration of their term.

That immunity, however, expires the moment a President leaves office.

In practice, no former head of state had ever been subjected to arrest until now. That legal barrier has finally been crossed. A precedent has been set: political power may grant temporary protection, but it does not guarantee permanent impunity.

The Courtroom battle

At present, Ranil Wickremesinghe remains a suspect. Neither guilty nor innocent until the court delivers its verdict.

The Attorney General is prosecuting on behalf of the State, while his defence lawyers argue otherwise. The crux of the legal battle is simple: can a President, or any public official, use state funds for personal purposes without prior approvals or allocations?

The prosecution insists the answer is “no”. Public money belongs to the people, not the officeholder. The defence argues that the President’s public and private lives cannot be separated, and that discretionary use of funds is inherent to the presidency.