Pardon granted to Gnanasara Thera SC allows FR petitions challenging Maithripala’s decision

By Lakmal Sooriyagoda   

The Supreme Court on Wednesday (4) granted leave to proceed with two Fundamental Rights petitions filed challenging former President Maithripala Sirisena’s decision to grant pardon to Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Aththe Gnanasara Thera.   

The Supreme Court granted leave to proceed with the petitions in terms of Article 12(1) of the constitution (Right of equality).   

The Supreme Court three-judge-bench comprising Justices S. Thurairaja, Yasantha Kodagoda and Arjuna Obeysekera fixed these petitions for argument on May 6 next year. The Court further issued an order directing the Secretary to the President that the documents pertaining to pardoning Gnanasara Thera be furnished before court within a period of six weeks.   
These petitions had been filed by Centre for Policy Alternative (CPA) and Sandhya Ekneligoda, the wife of missing journalist Prageeth Ekneligoda.   

Counsel who appeared for the petitioners submitted to court that the President’s power to grant pardon is reviewable by the Supreme Court, and the exercise of such power is subject to requirements of reasonableness, and must be in the public interest. They further submitted that the process of pardoning Gnanasara Thera had been shrouded with secrecy and that there is no reasoning given to explain the decision. However, Counsel who appeared on behalf of the former President said the Constitution did not provide for such a consultative process.   
Gnanasara Thera was jailed for six years after being found guilty of contempt of court over his conduct during a court hearing at Homagama Magistrate’s Court regarding the case of missing journalist Prageeth Ekneligoda. On May 23, 2019 Gnanasara Thera was released from Welikada prison after receiving a letter from the Presidential Secretariat granting pardon to Ven.Gnanasara Thera.   

In August 2018, Gnanasara Thera was sentenced to 19-year-rigorous imprisonment, to be served concurrently within 6 years by Court of Appeal over his contemptuous behaviour inside the Homagama Magistrate’s Court.   

On October 5, 2018, the Supreme Court upheld the Court of Appeal judgement that found Gnanasara Thera guilty over his contemptuous behaviour inside the Homagama Magistrate’s Court on January 25, 2016.   

Senior Counsel Viran Corea appeared for CPA. Counsel Asthika Devendra with Pulasthi Hewamanne and Harini Jayawardena appeared for Sandhya Ekneligoda. Nerin Pulle, ASG appeared for the Attorney General. Counsel Thishya Weragoda with Sanjaya Marambe, Iresh Senevirathne appeared for Gnanasara Thera. Faiszer Musthapha PC with Counsel Pulasthi Rupesinghe appeared for ex-president Sirisena. 

• Process of pardoning Gnanasara Thera had been shrouded with secrecy  and no reasoning given to explain the decision