25 November 2022 09:43 am Views - 168
The Supreme Court yesterday permitted the petitioners to personally add former President Gotabaya Rajapaksa as a respondent in the Fundamental Rights petitions filed challenging the legality of the Presidential Pardon granted to former Parliamentarian Duminda Silva.
Accordingly, the Supreme Court two-judge-bench comprising Justices Murdu Fernando and Yasantha Kodagoda issued notices on former President Gotabaya Rajapaksa returnable for December 16 in connection with three Fundamental Rights petitions. The notices are to be dispatched to two residential addresses where former President Gotabaya Rajapaksa is believed to have lived, including his Mirihana residence.
Former Parliamentarian Hirunika Premachandra, her mother Sumana Premachandra and former Commissioner of Human Rights Commission of Sri Lanka (HRCSL) Ghazali Hussain had filed these petitions seeking a declaration that the presidential pardon of Duminda Silva is invalid in law.
The petitioners had sought Court’s permission to amend the caption of the petitions in order to add former President Gotabaya Rajapaksa as a respondent since he was no longer holding the post of the President.
On May 31, the Supreme Court issued an Interim Order directing the CID to place Duminda Silva under the custody of prisons with immediate effect. The Court also issued an Interim Order impounding Duminda Silva’s passport. The Court has already granted leave to proceed with these applications in terms of Article 12(1) of the constitution.
M.A. Sumanthiran PC, Jeffry Alagaratnam PC appeared for Hirunika Premachandra and Ghazali Hussain. 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.
Additional Solicitor General Nerin Pulle appeared for the Attorney General. President’s Counsel Gamini Marapana with Navin Marapana PC appeared for Duminda Silva.