Presidential pardon granted to Duminda Silva not valid in law: SC

17 January 2024 10:34 am Views - 12233

Colombo, Jan 17 (Daily Mirror) -  Sri Lanka's Supreme Court today held that former President Gotabaya Rajapaksa's decision to grant a Presidential pardon to former Parliamentarian Duminda Silva is arbitrary and not valid in law. 

Accordingly, the Supreme Court three-judge-bench comprising Justices Preethi Padman Surasena, Gamini Amarasekara and Arjuna Obeysekera ordered to set aside the Presidential pardon granted to Duminda Silva for not following the Constitutional provisions.

Meanwhile, the Supreme Court ordered the prison authorities to take necessary action to implement the Supreme Court judgment in respect of Duminda Silva.

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 Parliamentarian Bharatha Lakshman Premachandra on or around October 8, 2011.

The Supreme Court today delivered its final judgment in respect of three fundamental rights petitions filed challenging the legality of the Presidential pardon to Duminda Silva in 2021.

M.A. Sumanthiran PC with Suren Fernando appeared for former Parliamentarian Hirunika Premachandra. Eraj de Silva PC with Daminda Wijeratne, Janagan Sundramoorthi, Shehan Chamika Silva instructed by Dimuthu Kuruppuarachchi appeared for Sumana Premachandra. Jeffry Alagaratnam PC appeared for Attorney-at-Law Ghazali Hussain. 

Gamini Marapana PC, Navin Marapana PC, Manohara de Silva PC and Anuja Premaratna PC appeared for Duminda Silva. Dr. K. Kanag-Isvaran PC appeared for the Bar Association of Sri Lanka. Additional Solicitor General Nerin Pulle appeared for the Attorney General.