News

News

Archaic I and E law an obstacle for granting bail
By Asif Fuard
The Government will shortly bring in amendments to the Immigration and Emigration Act to allow bail to be granted to deserving persons who are being held under this Act for long periods until the conclusion of their trials.
Immigration and Emigration Chief P.B. Abeykoon told The Sunday Times there were more than 300 locals as well as foreigners held in prison because they could not be granted bail under the existing law.

The Negombo prison which is the main centre for housing foreigners who have violated the immigration laws hold some 50 foreigners from countries such as China, Nigeria, Iran, India and Pakistan. There are also 120 locals found guilty of violating the Immigration and Emigration act being held in Negombo.

“At present even to make a bail application, the suspects have to wait for period of one year. After that they have to make the application to the Supreme Court,” the Controller said.

He said persons charged with more serious crimes such as homicide and drug offences were granted bail. The inability to grant bail until a trial was concluded had resulted in prisoners held under this Act launching agitating in various ways from within the prisons itself with one such protest which took place at the Negombo Prison last month. The unnecessary detention of such offenders has led to overcrowding as well.

“Many of the foreigners who are in prison are those using Sri Lanka as a transit point to get across to the UK via the Middle East”, a prison official said.
In view of the large number of persons being held in remand custody at various prisons for alleged offences under this act Minister Jeyaraj Fernandopulle last week submitted a Cabinet memorandum as a means of solving this long outstanding issue.

Cabinet has approved and the Justice Ministry has been directed to study and report on the matter so that the necessary amendments to the law can be brought before parliament soon.

Top

Back to News