Ex-Prisoner appeals to Supreme Court to restore voting rights for incarcerated individuals

Colombo,July 18 (Daily Mirror) - A writ petition has been filed in the Supreme Court seeking an order directing the Election Commission to issue requisite guidelines to facilitate the eligible prisoners and inmates in remand custody to cast their vote in the elections including Presidential, Parliament and at every referendum.

This petition was filed by Sudesh Nandimal Silva, a former prisoner, who was unable to vote due to the absence of a voting process for prisoner.

The petitioner stated that, according to the Prisons Department data as

of May 2024, there are 19,867 remand prisoners in Sri Lanka,

accounting for 64.7% of the total prison population. These individuals, alongside

other eligible prisoners, are deprived of their constitutional right to vote due to the

absence of a proper voting mechanism within the prison system.

The Petitioner states that the power to issue requisite guidelines to lay down a

mechanism to facilitate the eligible prisoners or inmates in remand custody to vote

is thereby directly vested in the Election Commission by virtue of Articles 103 and 104B of the Constitution and the failure to adhere to Articles 103 and 104B by the Commission would therefore be deemed as an act of illegality which would require judicial review.

The Petitioner further stated that the absence of a facility for eligible prisoners to cast their votes is in violation of the rights guaranteed by the Constitution.

This petition was filed through Attorney-at-law Hirushi

Jayawardene and to be supported by Senior Counsel Lakshan Dias.