No, President’s Counsel Dileepa Peiris Has Not Been Disbarred – Here Is Where the “Seventy Lakhs” Story Came From

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When a senior state lawyer who has been pressing military intelligence officers over the Easter Sunday attacks is suddenly said to have lost his licence over a bribe, the story is bound to travel fast. That is exactly what happened to Additional Solicitor General and President’s Counsel Dileepa Peiris, with social media posts claiming that his Attorney-at-Law status had been cancelled after he allegedly acted out of greed for a payment of Rs. 7 million (seventy lakhs). We investigated. Here is what we found.

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Fact-Check

If the Attorney-at-Law status of Additional Solicitor General and President’s Counsel Dileepa Peiris had been removed, it would have been a major story reported widely by mainstream media. No such report was found.

Attorney General’s Department

We contacted a reliable source in the Attorney General’s Department, who confirmed that President’s Counsel Dileepa Peiris has not been removed from his position as an Attorney-at-Law.

Bar Association of Sri Lanka

The Bar Association of Sri Lanka said that both the admission and the removal of an Attorney-at-Law are carried out by the Supreme Court. Any decision to remove Dileepa Peiris from the profession would therefore have to be made by the Supreme Court, and the Association said it had not been informed of any such decision.

President’s Counsel Saliya Peiris

We also contacted the former President of the Bar Association of Sri Lanka, President’s Counsel Saliya Peiris, to verify the matter further. He too confirmed that the reports claiming Dileepa Peiris’s Attorney-at-Law status had been cancelled are false.

How the “Seventy Lakhs” Claim Began

During a court proceeding, Mr. Udaya Gammanpila alleged that Dileepa Peiris had referred to the medals won by Lieutenant Shantha Jayathilake, a distinguished war hero who had earned seven of the highest military decorations, including the Weera Wickrama Vibhushanaya and the Rana Wickrama Padakkama, during the three-decade war – as “pieces of metal plate,” insulting them. Lieutenant Shantha Jayathilake’s comments to the media can be seen here.

At a later press conference, Mr. Gammanpila criticised Dileepa Peiris directly. He said that after Cyclone Ditwah, President Anura Kumara Dissanayake had told Parliament that Rs. 1 million (ten lakhs) would be given to those whose roofs had been blown away. Since Shantha Jayathilake’s uniform bore seven “plates,” Gammanpila suggested there was a suspicion that Dileepa Peiris had insulted war heroes out of a desire to obtain Rs. 1 million per plate, Rs. 7 million (seventy lakhs) in total.

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That court proceeding concerned the investigation into former State Intelligence Chief Suresh Salley in connection with the Easter Sunday attacks. During the proceedings, Dileepa Peiris had strongly presented facts against Salley and other military intelligence officers. As a government lawyer, his bringing of senior security-forces officers before the court and criticising them had caused strong dissatisfaction among Mr. Gammanpila and others.

Mr. Gammanpila said it was improper for an Additional Solicitor General — himself a senior government official — to belittle the state honours awarded to Lieutenant Shantha Jayathilake by the President. He argued that Dileepa Peiris had breached Supreme Court Rules 53 and 54, which say an attorney should not insult other parties when presenting facts in court, and that steps would be taken to “remove his lawyer’s coat” — that is, to cancel his Attorney-at-Law status.

Statements were also issued claiming that Dileepa Peiris’s conduct could lead to the cancellation of his Attorney-at-Law status. It can be seen that these statements gave rise to posts claiming his status had already been cancelled.

Official Complaints and Petitions Against Dileepa Peiris

Although no fraud allegation sufficient to remove him from office has been proven, two politically driven and organised petitions filed against him in recent times have been reported.

Complaint Alleging Insult to War Heroes

The Bodhidhamma International Human Nonviolence Organisation submitted a written complaint to the Attorney General, the Chief Justice and the Bar Association of Sri Lanka (BASL), requesting disciplinary action against him and his removal from the proceedings. The organisation claimed that, during a court hearing, he had insulted war heroes by calling an official military decoration a “piece of metal plate.”

Army Dissatisfaction Over Statements on Military Intelligence

During the Easter Sunday investigations, Dileepa Peiris stated in open court that military intelligence officers, including former State Intelligence Chief Suresh Salley, were not co-operating with the inquiry. Following this, The Sunday Times reported that tense telephone exchanges arose between senior military officers and Dileepa Peiris, and that there was unrest within the security forces over the embarrassment caused to the military.

All these complaints were made by opposing parties on the basis of statements he made in the course of his official duties. They are not proven legal violations relating to any financial fraud or professional misconduct.

How an Attorney-at-Law Is Removed Under Sri Lankan Law

Under Section 42(2) of the Judicature Act No. 2 of 1978, the sole authority to suspend or remove (disbar) an Attorney-at-Law from the profession lies only with the Supreme Court of Sri Lanka. No such disciplinary order has been issued by the Supreme Court against Dileepa Peiris.

The process by which an Attorney-at-Law’s status may be cancelled (disbarment or removal) under Sri Lankan law is set out below.

Legal Basis

The process is governed mainly by Section 42 of the Judicature Act No. 2 of 1978 and by the Supreme Court (Conduct and Etiquette for Attorneys-at-Law) Rules of 1988, made under Article 136 of the Constitution. Under Section 42, any Attorney-at-Law found guilty of fraud, misconduct, a crime or an offence may be suspended from practice or removed from the profession by a bench of three judges. Studocu

Procedure

1. Start of the complaint or investigation — The process may begin through a complaint by an individual or through a matter reported by a court. The Chief Justice or any Supreme Court judge may order a preliminary inquiry by a disciplinary committee of the Bar Association of Sri Lanka to decide whether an attorney should be suspended or removed over their conduct. Srilanka Law

2. Preliminary inquiry by the disciplinary committee — The committee is made up of three members chosen from a panel of 15 or more people appointed by the Chief Justice. Studocu It examines the allegations and submits a report with recommendations to the Supreme Court.

3. Issuing the charge (Rule) — Under Section 42(3) of the Judicature Act, the Supreme Court issues a “Rule” requiring the attorney to show cause why they should not be suspended or removed. Lankalaw Before any suspension or removal, a notice with a copy of the allegations and a reasonable period to respond must be personally served on the attorney. Lankalaw

4. Hearing before a bench of judges — The disciplinary inquiry is held confidentially and may proceed even if the attorney does not appear. Studocu Evidence is examined and both sides are heard, with the Bar Association and the Attorney General’s Department represented.

5. Final decision — A bench of three judges gives the final decision and is not bound by the committee’s recommendations. Studocu If found guilty, the Supreme Court may order temporary suspension from practice, or complete removal from the roll of Attorneys-at-Law (disbarment). After the decision, the Registrar removes the attorney’s name from the official roll.

Common Grounds

• Fraud, forgery of documents, or abetting such acts
• Misuse of client funds
• Preparing forged or false signatures
• Contempt of court or serious breaches of professional ethics
• Conviction for a criminal offence

Being an Attorney-at-Law is not a right but a special permission (privilege) granted by the state, and so it is a power that can be withdrawn when necessary (a revocable franchise). Removing an attorney from the roll is not a punishment but a step to protect the integrity of the profession.

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Conclusion

A claim circulated on social media that President’s Counsel Dileepa Peiris had his legal practice cancelled after acting over a “Rs. 7 million” payment. However, the Attorney General’s Department says he continues to serve actively as an Additional Solicitor General, and President’s Counsel Saliya Peiris has confirmed that he has not lost his Attorney-at-Law status.

The story grew out of a case related to the Easter Sunday attacks involving State Intelligence Chief Suresh Salley, in which Lieutenant Shantha Jayathilake appeared as an affected party. Udaya Gammanpila criticised Dileepa Peiris for allegedly calling Jayathilake’s medals “pieces of metal plate,” and suggested disciplinary action, including the possible cancellation of his status, might follow. On the basis of that statement, social media posts misleadingly reported that his Attorney-at-Law status had already been cancelled. It has not.