14 July 2023 10:05 am Views - 155
By Lakmal Sooriyagoda
Former President Maithripala Sirisena through his lawyer yesterday informed the Supreme Court that he followed the due process and had acted reasonably when granting presidential pardon to Royal Park murder convict Don Shamantha Jude Anthony Jayamaha.
President’s Counsel Faisz Musthapha appearing for former President Maithripala Sirisena made these remarks when the Fundamental Rights petition filed challenging former President Maithripala Sirisena’s decision to grant Presidential Pardon to Don Shamantha Jude Anthony Jayamaha was taken up before the Supreme Court three-judge-bench comprising Justices S. Thurairaja, Yasantha Kodagoda and Janak de Silva, for arguments.
PC Musthapha submitted to court that his client, being the President of the republic, acted on the advice of the then Justice Minister regarding commutation of the death sentence. He said that the then Justice Minister had recommended 70 prisoners including Jude Anthony Jayamaha to be commuted to life.
“The Petitioner is portraying to court that the death row convict has obtained the presidential pardon. But the petitioner was fully aware that he was commuted to life prior to the pardon. At the time of granting presidential pardon, he was serving a life time imprisonment,” Musthapha said.
Justice Kodagoda: What would be the possible defence for violating constitutional provisions?
Faisz Musthapha PC: Once my client received the recommendation of the Justice Minister, there is a presumption that constitutional provisions are fulfilled. My client acted reasonably and did not act arbitrarily.
Meanwhile, Musthapha further said his client solely relied on the advice of then Justice Minister regarding the commutation of death sentence through the final recommendation in May 2016. He alleged that this application has not been filed by the parents of the deceased but by way of a public interest litigation.
He also insisted on the necessity of formulating guidelines for granting presidential pardon. “Up to date, pardons have not been granted based on a formula. Without a formula in the past every President has pardoned the prisoners in terms of Article 34 of the constitution. I also fully agree that there need to be some guidelines regarding the granting of presidential pardon,” he said.
Justifying the circumstances relating to the second pardon, Musthapha said once a death row convict was commuted to life, he is considered as a prisoner serving life imprisonment.
Women and Media Collective organization had filed this Fundamental Rights petition seeking an order suspending the Presidential Pardon granted by former President Maithripala Sirisena to Royal Park murder convict Don Shamantha Jude Anthony Jayamaha.
The petitioners are further seeking an order to issue guidelines governing the grant of Presidential Pardon by the Head of State in terms of article 34 (1) of the Constitution.