SC nullifies Ranil-era pardon for man jailed over maintenance arrears

The Supreme Court has declared null and void a presidential remission granted under former President Ranil Wickremesinghe to a man sentenced to 29 months in prison for failing to pay Rs. 1.74 million in maintenance arrears.

In a judgment delivered on October 23, a three-judge bench held that the remission granted to Mohamed Ameen Mohamed Naseem under a general amnesty in September 2024 violated his former wife’s fundamental right to equality and equal protection of the law guaranteed under Article 12(1) of the Constitution.

The judgment was delivered by Justice Janak De Silva, with Justices Dr. Sobhitha Rajakaruna and Sampath K.B. Wijeratne agreeing.

The case was filed by Naseem’s former wife, Ahamend Jaleel Farmilla Begum, challenging his release after he had served less than two months of the 29-month sentence.

Naseem had been 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 a general amnesty granted to mark Prisoners’ Day.

The Supreme Court found that Naseem had been given preferential treatment after his imprisonment was recorded as being for non-payment of a fine, while another prisoner imprisoned over similar maintenance arrears had received only a one-week reduction in his sentence.

The Court held that the difference in the wording of the two prisoners’ commitment warrants did not justify the unequal treatment.

Accordingly, the Court 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 Court declared the remission granted to Naseem null and void, thereby restoring the legal effect of his original sentence.

In a significant observation, the Court said Naseem, having been released while his sentence remained legally valid, was now a “fugitive from justice” and should surrender immediately to law enforcement authorities.

The Court further held that the original warrant issued by the Negombo Magistrate’s Court remained valid and provided sufficient authority for prison officials to detain Naseem and enforce the sentence.

However, it said no further order from the Supreme Court was necessary to enforce the sentence, as the Magistrate’s Court already had the authority to take the necessary steps.

The judgment also clarified that the President was not precluded from granting a fresh remission to Naseem, provided it was done in accordance with the law and after considering all relevant circumstances.

The ruling was delivered in Fundamental Rights Application No. 319/2024.