Are Sri Lankan Lawyers Above the Law?
The question of whether Sri Lankan lawyers operate above the law has shifted from whispered suspicion to urgent national debate. Recent allegations—from ministers publicly accusing legal counsels of facilitating criminal escapes to high-profile bribery cases involving political figures—paint a troubling picture of a profession that appears to shield its own rather than uphold justice. When a police officer performing his duty can be arrested while the lawyer who abused him walks free , the rule of law itself is called into question.
A Crisis of Accountability
The most striking evidence of lawyer impunity came from Public Security Minister Tiran Alles, who in July 2024 accused legal counsels of aiding the escape of underworld figures Kanjipani Imran and Ganemulla Sanjeewa from Sri Lanka . According to Alles, the lawyers representing these crime bosses confessed to transporting them halfway out of the country and handing them over to another group who put them on a boat . "There is a group of lawyers making their living through the country's underworld," Alles stated .
This is not an isolated incident. The case of Rakitha Rajapakshe, son of former Justice Minister Wijeyadasa Rajapakshe, who was arrested alongside two others for allegedly accepting a Rs. 120 million bribe from the wife of drug trafficker Nadun Chinthaka Wickramaratne, alias "Harak Kata," demonstrates the deep entanglements between legal professionals and criminal networks . The allegations claim they demanded Rs. 500 million to influence official procedures and secure the trafficker's release .
The Myth of the "Divine Right"
The incident at Mount Lavinia Magistrate's Court in October 2025 crystallised public frustration. A lawyer, Gunarathna Wanninayaka, verbally abused a police constable who was simply following protocol to allow a prison transport vehicle priority. The lawyer reportedly berated the officer with insults that "would make even a fish market blush" .
Yet it was the policeman who was arrested, produced before the magistrate, and remanded. The lawyer walked free. The Bar Association of Sri Lanka (BASL) issued a statement condemning "the use of force by the police" while remaining silent on the lawyer's abusive conduct . This selective outrage reinforces public perception that lawyers operate with impunity.
The Regulatory Framework: Paper Tiger?
In theory, Sri Lanka's legal profession is governed by strict ethical standards. The Judicature Act No. 2 of 1978 and Supreme Court Rules empower the Court to suspend or remove attorneys for misconduct, malpractice, or criminal offenses . Lawyers can be disciplined for failing to exercise due diligence in professional matters or violating rules prohibiting them from acting in cases where they may be required as witnesses .
The Supreme Court occasionally enforces these rules. In October 2024, a lawyer was suspended for five years for failing to appear as assigned counsel in a criminal matter . However, such disciplinary actions are rare and typically involve minor procedural failures rather than the serious corruption and criminal facilitation allegations now surfacing.
A System Under Strain
The erosion of lawyer accountability reflects a broader loss of meaning in Sri Lanka's legal system. As the Asian Human Rights Commission observed, "When the executive president placed himself above the law, there began a process in which law gradually diminished to the point of no significance" . The 1978 Constitution's concentration of power in the executive presidency has created a culture where political connections matter more than legal principle.
This is evident in the Harak Kata bribery case: suspects were granted bail despite serious allegations of corruption involving the son of a former justice minister . The perception that "some actors are above consequence while others are humiliated by procedure" has become deeply entrenched.
The Public Investment Argument
The question of taxpayer funding is particularly resonant. Sri Lanka's legal education system is supported by public funds, yet some graduates appear to use their status to serve criminal interests rather than the public good . Lawyers educated at public expense have a fiduciary duty to society—a duty increasingly perceived as betrayed.
Reform or Resistance?
The Bar Association of Sri Lanka, led by President Rajeev Amarasuriya, has shown it can take strong stands on principle, such as unanimously opposing a government proposal to extend judges' retirement age . However, its reluctance to discipline its own members for misconduct undermines its moral authority .
Public demands for reform include mandatory identification badges for lawyers in court premises, a disciplinary review board with independent civilian members, prohibition of cash payments for legal services, and ethics training focusing on professionalism and respect . These are not radical proposals but basic steps toward restoring public trust.
The International Dimension
The escape of Kanjipani Imran, with alleged lawyer assistance, has implications beyond Sri Lanka's borders. If legal professionals are facilitating international money laundering and enabling criminals to flee justice, the country risks international sanctions and FATF grey-listing . The financial toll is staggering: lawyers are allegedly earning billions from underworld figures .
Are Sri Lankan lawyers above the law? The evidence suggests a troubling pattern of impunity, facilitated by an institutional culture that protects its own. The myth of the lawyer's "divine right" persists because it has rarely been challenged . Justice cannot exist on a two-tier system—one for those in black coats and another for everyone else.
The Bar Association must decide what it wants to be: a club of privilege defending the indefensible, or the conscience of the legal community upholding professional ethics . The rule of law requires that no one—not even the most powerful lawyer—is above it. Until that principle is enforced, the black coat will remain not a mark of honour, but a cloak of shame.