Gota to be a respondent in the case against pardoning Duminda

• Supreme Court two-judge-bench fixed the petitions to be taken up for inquiry on November 24

By Lakmal Sooriyagoda   

The petitioners in the Fundamental Rights petitions filed challenging the legality of the Presidential Pardon granted to former Parliamentarian Duminda Silva yesterday informed Supreme Court that they are expecting to personally name former President Gotabaya Rajapaksa as a respondent in the petitions.  

President’s Counsel M.A. Sumanthiran appearing for Hirunika Premachandra, the daughter of slain former MP Bharatha Premachandra informed court that the petitioner is expecting to amend the caption of the petition in order to add former President Gotabaya Rajapaksa as a respondent since he was no longer holding the post of the President.   
Having considered the facts, Supreme Court two-judge-bench comprising Justice Gamini Amarasekara and Justice Janak de Silva fixed the petitions to be taken up for inquiry on November 24.  

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.   

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.