The Bar Association of Sri Lanka (BASL) has voiced serious concern over recent reports indicating efforts by Law Enforcement Agencies and Prosecuting Authorities to obtain information from Attorneys-at-Law concerning matters related to their professional duties.
This concern follows a report of a verbal request made by the Colombo Crimes Division (CCD) to an Attorney-at-Law, asking him to hand over his mobile phone. Responding to this incident, the BASL stressed to the Acting Inspector General of Police (IGP) that mobile phones or any electronic devices belonging to legal practitioners—which may contain both personal and professional data—must not be seized by police without a valid court order.
In a public statement, the BASL underscored that Attorneys-at-Law are bound by strict professional obligations of confidentiality when acting on the lawful instructions of their clients. These obligations are enshrined in the Supreme Court Rules and the Evidence Ordinance, both of which prohibit the disclosure of privileged communications without client consent or a specific legal requirement.
The BASL further asserted that any attempt to compel legal professionals to make statements related to their professional duties is inappropriate and risks breaching core ethical standards.
“Such actions compromise the independence of the legal profession and undermine the role of lawyers in the administration of justice,” the BASL stated.
The association also warned that such interference poses a threat to the Rule of Law and violates the constitutional protections provided under Article 14(1)(g) of the Constitution, which safeguards the rights of all citizens, including Attorneys-at-Law.
Reaffirming its stance, the BASL stated that legal professionals must be able to carry out their duties without fear or undue restrictions, in accordance with legal and professional standards. Any limitation on their ability to represent clients, the BASL cautioned, would impair citizens’ access to proper and effective legal representation—an essential component of a just legal system.
The statement, dated May 22, 2025, was signed by BASL President Rajeev Amarasuriya and Secretary Chathura Galhena.
