BY Lakmal Sooriyagoda   

Supreme Court Judge Priyantha Jayawardena yesterday recused himself from hearing three Fundamental Rights petitions filed challenging the legality of the Presidential Pardon granted to former Parliamentarian Duminda Silva.   

Justice Priyantha Jayawardena who was a member of yesterday’s bench, declined to hear the petition citing a personal reason. Justice Jayawardena was not a member of the bench which granted leave to proceed with the three petitions on May 31.   

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. The court fixed the petitions to be taken up for argument on September 23. Former Parliamentarian Hirunika Premachandra, her mother Sumana Premachandra and former Commissioner of the 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.   

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.