Section 67 of Sri Lanka’s Anti-Corruption Act represents a significant evolution in the country’s legal response to corruption, introducing a conditional and structured framework for withdrawing indictments before judgment, according to former Minister of Justice Ali Sabry.

His remarks come after the Colombo High Court allowed the conditional withdrawal of a bribery case against former Central Bank Governor Ajith Nivard Cabraal, on the basis of a Rs. 1.84 billion compensation payment to the State.

Cabraal was charged over the Central Bank’s controversial investment in Greek sovereign bonds in 2011. The Colombo High Court permitted the withdrawal following a request by Cabraal, the first accused in the case, under Section 67(1) of the Bribery Act, the Bribery Commission said.

In a detailed social media statement, Sabry said the provision—part of the Anti-Corruption Act, No. 9 of 2023—is not a sign of leniency but a modern legal tool designed to balance restitution, public accountability, and proportional justice. He noted that withdrawals under Section 67 require the sanction of the Bribery Commission and the approval of the High Court, ensuring due process is followed.

Under this section, an indictment may be withdrawn on the basis of specific conditions, such as financial restitution to the State, a public apology, and even lifetime disqualification from holding public office.

“This is a mature justice system evolving—firm yet fair, strong yet reasoned,” Sabry said, arguing that justice must remain free from political influence and public pressure.

He also cautioned against the misuse of corruption allegations, pointing out that in Sri Lanka and other countries, such accusations are sometimes used as political tools to damage reputations rather than deliver justice.

“Public outrage can push systems toward punitive extremes, with punishment overshadowing key principles such as mens rea, proportionality, and fair assessment of intent,” he said.

Sabry added that excessive sanctions and criminalisation of administrative errors have, in the past, led to unnecessary imprisonment and system strain, including overcrowded prisons.

“In such a landscape, Section 67 is a welcome departure. It creates room to recover public funds, recognise remorse, and avoid needless punishment in marginal or complex cases,” he said.

Sabry said that the recent invocation of this provision marks more than a legal process—it reflects a broader shift in how Sri Lanka can uphold accountability while maintaining fairness and proportionality. (Newswire)

Section 67 of the Anti-Corruption Act, No. 9 of 2023 marks a thoughtful evolution in Sri Lanka’s legal response to corruption.
It permits the withdrawal of indictments before judgment, not as leniency, but as a structured and conditional mechanism subject to restitution, public…

— M U M Ali Sabry (@alisabrypc) December 10, 2025

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Former Central Bank Governor Ajith Nivard Cabraal welcomed the withdrawal of a bribery case filed against him over the Central Bank’s controversial investment in Greek sovereign bonds in 2011.

Speaking to the media, Cabraal said he was happy with the court’s decision. “Many tried to exert immense psychological pressure on me with this allegation. But that didn’t affect me. I had faith in the judicial process, and I’m happy the case has been withdrawn,” he said, thanking those who stood by him and his associates.

“While many celebrated these allegations, I knew that we would be cleared,” he added, claiming the withdrawal confirmed there was no evidence against him.

However, the Commission to Investigate Allegations of Bribery or Corruption clarified that the case had been withdrawn under strict conditions outlined in the Bribery Act. Cabraal made no mention of these conditions in his speech to the media.

The Colombo High Court permitted the withdrawal following a request by Cabraal, the first accused in the case, under Section 67(1) of the Bribery Act.

After a review under Section 67(2), the Director General of the Bribery Commission, with the Commission’s approval, permitted the withdrawal under Section 67(3), conditional upon the payment of Rs. 1,843,267,595.65 as compensation for the alleged loss to the state.

The amount must be deposited into a designated Central Bank account within three months from Dec. 10, 2025. Failure to make the payment within the stipulated period will result in the charges being refiled under Section 67(5) the Bribery Commission said.

Charges against the other four accused were withdrawn under Section 194(3) of the Code of Criminal Procedure, and the High Court has formally released them.

The Bribery Commission also stressed that media reports suggesting the accused have been acquitted or found innocent are inaccurate. The withdrawal is conditional, and legal action may resume if the terms are not fulfilled, the Commission said. (Newswire)

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