Former Parliamentarian Hirunika Premachandra and her mother  Sumana Premachandra have sought a fuller bench comprising five judges or more than five judges of Supreme Court to hear the Fundamental Rights petitions filed challenging the legality of the Presidential Pardon granted by President to former Parliamentarian Duminda Silva.

 

President's Counsel M.A. Sumanthiran and Counsel Eraj De Silva appearing for Hirunika Premachandra and Sumana Premachandra respectively sought an order in terms of the Article 132(3) of the constitution comprising five judges or more judges of the Supreme Court to hear these petitions.

 

Supreme Court three-judge-bench comprising Justices Gamini Amarasekara, A.H.M.D. Nawaz and Shiran Goonaratne directed the petitioners to make this request through a motion.

 

The request for a fuller bench would be refer to the Chief Justice accordingly. The petitions were fixed for support on March 3.

 

The petitioners are seeking a declaration that their Fundamental Rights guaranteed under Articles 10, 11, 12 and 12(1) of the Constitution have been violated by the respondents.

 

The petitioners are also seeking a declaration that the presidential pardon of Duminda Silva is invalid in law.

 

The petitioners are further seeking an Interim Order preventing Duminda Silva from leaving the Country and impound his passport.

 

The Petitioners state that on or about 24th of June, 2021 it was widely published in the media that Duminda Silva had received a presidential pardon.

 

The Petitioner states that they verily believe that the other convicts in the said case are still serving their sentences. 

They further said  to the best of their knowledge the President has not explained and set out the basis of the said pardon.

 

They further alleged that the President has not  explained the procedure for the said pardon in terms of Article 34.

 

 

The petitioners maintained that any pardon to be granted under Article 34 of the Constitution should be made after a careful analysis of the necessity to grant such a pardon as stipulated in the proviso to Article 34 (1) of the Constitution. 

 

On September 8, 2016, five accused including former Defence Ministry Monitoring MP Duminda Silva were sentenced to death by Colombo High Court for committing the murder of four persons including former MP Bharatha Lakshman Premachandra on or around October 8, 2011.

 

On October 11, 2018, Supreme Court five-judge-bench headed by then Chief Justice Priyasath Dep unanimously decided to dismiss appeal petitions filed by former MP Duminda Silva and two others who challenged the judgment of Colombo High Court that found them guilty for conspiring to murder four persons including former MP Bharatha Lakshman Premachandra.

 

President's Counsel M.A. Sumanthiran appeared for Hirunika Premachandra.

 

Attorney-at-law Eraj De Silva with Daminda Wijerathne and Sundramoorthy Janagan  under the instructions of Attorney-at-law Dimuthu Kuruppuarachchi appeared for Sumana Premachandra. (Lakmal Sooriyagoda)