Presidential pardons -for whose benefit? - EDITORIAL

The large-scale pardoning of prisoners by Lankan Presidents for the commission of minor crimes has become customary during particular festivals, for example the day marking the country’s independence, Vesak and Christmas. 
Often these pardons have been granted to persons who were among those taken in for commission of petty criminal activity. 
The Task Force on Judicial and Legal Causes for Prison Overcrowding and Prison Reforms reveals that nearly 52 percent of the prison population consists of persons unconvicted of any crime. 

While the total prison capacity in the country in 2022 stood at 11,291 inmates, the report added the number of imprisoned reached 26,176 individuals by the end of 2022. The number comprised 16,727 suspects and 9,449 convicts. 
To make matters worse, during these trying times, the state spends around Rs. 8.3 billion to look after the prisoners.
Given these circumstances, many of our people hardly ever opposed the freeing of prisoners by the head of state.

Unfortunately, since the appointment of the first Executive President -J.R Jayewardene- pardoning and freeing of prisoners was given a different thrust. The late President Jayewardene pardoned and freed the notorious ‘convicted rapist cum hoodlum -Gonawala Sunil- who was serving a ten-year term of imprisonment for rape. Sunil was also charged with other killings and many other incidents of violence.
However, Sunil had one major point in his favour.He had political patronage at the highest level.

Jayewardene was at the height of his political power. None of Lanka’s Human Rights activists were ready to confront him. On the day Sri Lanka celebrated the Golden Jubilee of Universal Franchise – 7 July 1981, the late president not only freed this notorious criminal but he was also subsequently bestowed the title of Justice of the Peace!
In later years, former President Mahinda Rajapaksa used the occasion of Women’s International Day to pardon a convicted double murderer -wife of then Minister Milroy Fernando. Rajapaksa initially commuted her life sentence and the following year she was freed via a presidential pardon.

Following on in not-so-decent presidential footsteps so to say, we next witnessed former President Sirisena granting amnesty to a man of the cloth, -Galagoda Aththe Gnanasara Thera- who used his position as a Buddhist monk to incite violence against the Muslim community. 
The Thera was subsequently imprisoned for the offence of Contempt of Court. The Thera was sentenced by the Court of Appeal, a decision confirmed by the Supreme Court for Contempt of Court, to a term of 19 years in prison.

The Ven. Galagoda Aththe Gnanasara Thera was also accused of instigating Dharga Town and Aluthgama tragedies of 2014. Members of the Muslim community and their property were attacked by mobs. Ven. Gnanasara was accused of instigating the mobs in the towns of Aluthgama, Beruwala and Dharga Town in Kalutara District. 
At least four people were killed and a large number were injured. Hundreds were made homeless following attacks on homes, shops, factories, mosques etc. Ten thousand persons were reportedly displaced by the riots.

To his eternal shame former President Sirisena following in the footsteps of former presidents Jayewardene and Rajapaksa, pardoned and freed the leader of the Bodu Bala Sena – Galagoda Aththe Gnanasara Thera. 

However, on 28 March this year, the Supreme Court overturned the pardon granted to Ven. Gnanasara and he was sent back to prison. 
To the surprise of nearly all Lankans on 24 May this year, the Daily Mirror reported the Chief Prelates of the Malwathu, Asgiri, Ramanna Nikaya, and the Amarapura Maha Sangha Sabha appeal to the President to grant Ven. Gnanasara Thera a pardon on Vesak Poya day.

Why oh why did the Ven. prelates request a pardon for a person who preached violence?
However, President Wickremesinghe stood firm and the man creating divisions among this country’s communities was not granted a Presidential pardon.
We can only hope that future presidents will have the courage of their convictions to withstand pressure from powerful sources for the good of the country.