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SC quashes Presidential Pardon granted to Jude Jayamaha in Royal Park case
Colombo, June 6 (Daily Mirror) - In another landmark judgment pertaining to the scope of the pardon granted by the executive President, the Supreme Court today ruled that former President Maithripala Sirisena's decision to grant a Presidential pardon to to Royal Park murder convict Don Shamantha Jude Anthony Jayamaha is arbitrary and not valid in law.
Accordingly, the Supreme Court three-judge-bench comprising Justices S. Thurairaja, Yasantha Kodagoda and Janak de Silva ordered to set aside two Presidential pardons granted to Shamantha Jude Anthony Jayamaha for not following the Constitutional provisions.
The Supreme Court declared that former President Maithripala Sirisena violated the Fundamental Rights of the petitioner and public trust doctrine while granting presidential pardon to the above mentioned respondent.
Women & Media Collective organization had filed this Fundamental Rights petition challenging the legality of former President Sirisena’s decision to grant presidential Pardon to Royal Park murder convict.
In view of this judgment, the Supreme Court ordered the authorities to take necessary steps in terms of law with regard to the implementation of the sentence imposed on Jude Jayamaha.
President's Counsel Sanjeeva Jayawardena with Counsel Rukshan Senadheera and Ranmali Meepagala appeared for the petitioner. President's Counsel Romesh de Silva appeared for the victims. Faizer Mustapha PC appeared for former President Maithripala Sirisena. Saliya Peiris PC appeared for the Bar Association of Sri Lanka. Additional Solicitor General Nerin Pulle appeared for the Attorney General.
Comments - 59
Comments - SC quashes Presidential Pardon granted to Jude Jayamaha in Royal Park case
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Gune Thursday, 06 June 2024 10:44 AM
SL Supreme Court is now giving away really good judgements and this is the way to build public trust as public only have this court for redress. Unfortunately, when SL has an IGP who also has a judgement against, will these judgements be implemented?
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Bernard Jayatilake Thursday, 06 June 2024 10:49 AM
I salute the Supreme Court for upholding the independence of the judiciary and rule- of-law and a clause should be included in the constitution with restrospective effect to punish the ex-rulers of this country for pardoning convicted murderers at their will.
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Daisy Friday, 07 June 2024 06:51 AM
Very good judgment. Should be sent to prison for five years.
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E Sarath Thursday, 06 June 2024 10:59 AM
Landmark judgment!
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L Jaya Thursday, 06 June 2024 11:02 AM
Great news, Presidents are not allowed to use their power outside the constitutional provisions. Lessons to be learnt to current and future Presidents.
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J.M. Bandaranayake (attorney-at-law) Thursday, 06 June 2024 01:35 PM
True, Mahinda and Sirisena mis-used the Law twisting for their own benefits. Sirisena was bribed around 15 million for this issue according to the reliable sources. What a curse?
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Rip Winkle Thursday, 06 June 2024 11:12 AM
It is alleged that Sirisena was paid over a 100 million rupees by the family of the convict for the pardon. Hope the assistance of Interpol is sought to arrest and return this convict to jail. We can only imagine the pain the victims family feel.
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Felix Amarasekera - Retired Principal Thursday, 06 June 2024 11:13 AM
Knowing all these things that he will be trapped, in order to save himself - he made Wijedasa Rajapakshe as the Chairman for SLFP. Now the whole world knew the truth. OfCourse, this man should be hanged.
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Vijith Pieterz Thursday, 06 June 2024 11:19 AM
For all the viewers of this comment, please note that Mr. Mythiripala Sirisena is the 8th richest man in SriLanka holding so many billions. Now we know how he made this illegal money.
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Jay Fernando Thursday, 06 June 2024 11:45 PM
In Srilanka no one should grude the many characters who have overnight gone from rags to riches, but too many of them are drug dealers, moneylaunderers, politicians (or both) and other various crooks who now throw their weight about, with Police protection. People are fed up with this scum.
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Duminda Dissanayake Friday, 07 June 2024 04:54 AM
As per usual this is only the tip of the iceberg.How about the huge bribe given.The SC should order for the CID to follow the money trail.How did a mere GS become the 8th richest man in SL?
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Prof. K.M. Weerakoon Thursday, 06 June 2024 11:22 AM
Sirisena will do anything for the sake of money. He became very greedy after becoming a President. Yes, it is common when a Grama Sevaka/Village Farmer becomes the President of SriLanka - No quality at all in this 8th standard old man.
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Mohan Thursday, 06 June 2024 08:10 PM
Please don't insult Grama sevakas and village farmers. Corrupt people can be found in all walks of life.
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Observer Thursday, 06 June 2024 11:29 AM
Excellent. Likewise the courts should speedily complete the following cases. 1. Bond scam case 2. LG elections postponement cases 3. IGP - Tennekones appointment - challenge At a time when the courts are earning the respect of the public for been fearless, its important that the public feels that delayed judgements are not a part of the tactics to which the court system is also becoming an accomplice. Guilty or not guilty finish the damned cases and close the files. Its only fair that we as citizens also recognize that the courts are acting fearlessly because the current (backdoor) political leader is also not interfering with the court judgements.
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Mahila Thursday, 06 June 2024 09:16 PM
You are SPOT-ON, and Right on the Money, the courts are emboldened to rightfully delivering JUSTICE with JURISPRUDENCE!!?? Why?? Simple Mr. Watson!! The Person at the Helm NOW, though may claim “entered through the Backdoor” which isn’t justifiably so, the persona isn’t CORRUPT as such as his predecessors’!!?? The difference of Rogue ADVOCATE, who never should have been one, because he lacked Basic Educational Qualifications (required to enter Law College) and the Gamarala turned President being greedy for more ‘Filthy’ Lucre and decided to continue as MP!!!?? Shameless Uneducated Rural
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Gayan Thursday, 06 June 2024 11:41 AM
He already left the country. This is a joke. Waste of time and money.
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Tammy Thursday, 06 June 2024 03:14 PM
They can get him back failing cancel his SL passport so he is forced to come back. He is still a Sri Lankan citizen. They should put out a red notice thru Interpol.
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Kikazaru Thursday, 06 June 2024 11:49 AM
Aiyo Gamarala!
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This is reality Thursday, 06 June 2024 11:51 AM
All Presidents, whilst in power, thinks that they are of a super powerful nature. This presidential pardon business must be amended and withdrawn forthwith. Over to you Sajith and AKD (if and when applicable)
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Sakya Thursday, 06 June 2024 12:01 PM
In many other countries the convict must have been dead and gone on judicial punishment for such heinous crimes here if the murderer has the right connection he wait for the ideal opportunity to get the parole and go unscathed. Justice prevailed
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K Damith Thursday, 06 June 2024 12:04 PM
Now go and blame Aragalaya ..The present situation in the country is predominantly due to leaving its administration on a set of people who are not fit for such, so many example to this, see how many of Politian’s daughters and sons are lawyers, on foreign service, Attorney Generals… list goes on. Now how to break this vicious cycle let the real bright and educated lot steer the country, one option is by making public aware of the issue, NPP is forefront in this education process of direct democracy, people are realizing that free Rice or Cash given is not the property of the Government but our own tax money. Keep this going and the moment the power is transferred to few genuine people game over for the free riders and families. They should be perused and wealth taken back, not putting them in jail, take what earned illegally by legal means. Max of this scammers less than 200,000 individuals.
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Jeanne Thursday, 06 June 2024 12:09 PM
Bravo and THANK YOU. Justice for a defenceless girl MUST be upheld.
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Anura Hettiarachchi Thursday, 06 June 2024 12:13 PM
Respect Sirs. No one is above law.
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Law reformer Thursday, 06 June 2024 12:15 PM
another good reason for abolishing the executive presidency . It seems that Sirisena acted under the influence of others against the interest of the people and the judiciary.
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Nm Thursday, 06 June 2024 12:15 PM
The worst president we ever had.
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Grace Thursday, 06 June 2024 12:17 PM
Sri Lanka's judiciary is becoming divine gradually.
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warren Thursday, 06 June 2024 12:17 PM
We must thank the current President, Hon. Ranil Wickremasinghe, for creating an environment in which the judiciary can deliver justice without any influence.
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Sam Silva Thursday, 06 June 2024 05:09 PM
Something to think about.
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Steve Thursday, 06 June 2024 12:17 PM
Let this be a lesson to future Presidents not to take the law into their own hands.
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Mahila Thursday, 06 June 2024 09:36 PM
FOLLOW strictly follow Laid-Down procedures for Pardoning GUILTY!!?? NO DEVIATION!!??
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Danny Thursday, 06 June 2024 12:43 PM
The next one is Sgt Ratnayaka: Gota’s pardon!!
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Nihal S Thursday, 06 June 2024 12:46 PM
What does this mean to the former President? I do not think there will be any impact, same as Gotabhaya who pardoned Duminda Silva not following procedures.
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Less Thursday, 06 June 2024 12:59 PM
Honest fair system in place whithout any favouritism the country can easily move forward law and oder the priority is the key factor
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Azhar C Thursday, 06 June 2024 01:00 PM
Congrats to the whole team of lawyers
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wac Thursday, 06 June 2024 01:19 PM
Where is Rathana ?
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Mahila Thursday, 06 June 2024 09:30 PM
PSSSSSSSH!!?? He is "hiding under the Bed"!!?? Fear of repercussions, from 'People' who financed "Liberation of the culprit accused"!!??
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karu Thursday, 06 June 2024 01:38 PM
where is Jude Jayamaha , most probably not in SL and living in another country with new identity. Good move by supreme court but reality is just for fun. isn't it ?
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Yohan Thursday, 06 June 2024 01:57 PM
Someone should file a case saying he has violated the constitution multiple times. Dissolve the parliament against the constitution. Appointed MR against the constitution. Pardon a rapist against the constitution. So basically he should be behind bars with all these.
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Lala Thursday, 06 June 2024 03:26 PM
Why someone. U need to do it
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A lesson for every corrupt politician in the future Thursday, 06 June 2024 05:08 PM
Maithripala has over stopped his powers and done maximum damage to the position he held. He brought disrepute to the position of President. What should be done to such a person? How do you ensure that these incidents do not take place again? Impeachment is out of question. Stop his pension and other fringe benefits given now. These are paid by public money.
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roobarbie Thursday, 06 June 2024 02:00 PM
All this only after the horse has already bolted and most likely out of the country by now. The murderer would have been an idiot to hang around when he knew that he was guilty and that one day Sira's pardon would get thrown into the dustbin. All far too late, justice moving at a snail's pace, and just window dressing to show the world in a typical Sri Lankan way. I am not impressed.
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Ram Thursday, 06 June 2024 03:06 PM
First locate Jayamaha who is overseas and commence extradition proceedings with the country where is is taking refuge
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SIRISENA SEENDS TO PAY WHATEVER AMOUNT HE GOT FROM JAYAMAHA TO THE VICTIMS FAMILY. Thursday, 06 June 2024 04:48 PM
IF HE HAS LEFT THE COUNTRY, HE WOULD BE IN A COUNTRY THAT HAS NO EXTRADITIONAL PACT WITH SRI LANKA, SO HE CAN LIVE WHERE HE IS AND ENJOY LIFE BUT KEEP AWAY FROM COUNTRIES THAT HAVE EXTRADITION BINDINGS.
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Ram Thursday, 06 June 2024 03:13 PM
Constitution must be amended to punish the Presidents who violates its provisions. They have immunity during the time they hold office. New provision must be introduced to prosecute them after vacating office so that they will be on notice not to violate the provisions
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Abdul Aleem Moulana. Thursday, 06 June 2024 03:15 PM
Hail the superb and Landmark judgement by the Supreme courts of srilanka on the Jude jayamaha presidential pardoning case. All praises from the , law abiding , law fearing and conscience fearing citizens of SRILANKA. Long live the rule of LAW of Srilanka.
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Nimal 1 Thursday, 06 June 2024 03:42 PM
Giving the presidency to this misfit was like giving a razor blade to a monkey, though I have to admit that,I too voted for him.
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Gobaya Thursday, 06 June 2024 04:01 PM
Now Jayamaha, if he is in another country by now, could reveal how much his family had to pay this nitwit Sirisena and Mahinda, under the table.
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Smh Thursday, 06 June 2024 04:07 PM
What is the merit in a presidential pardon if it can be reversed years later by the Supreme Court?
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Ranaweera Thursday, 06 June 2024 04:53 PM
These Jayamaha people are very wealthy who owned Victoria Motor Stores in Colombo 10, And sole suppliers of springs (DUNU KOLA) to CTB at a certain period. Then one can imagine how much money our former President shared with his accomplice monk Rathana.
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Ranaweera Thursday, 06 June 2024 04:53 PM
These Jayamaha people are very wealthy who owned Victoria Motor Stores in Colombo 10, And sole suppliers of springs (DUNU KOLA) to CTB at a certain period. Then one can imagine how much money our former President shared with his accomplice monk Rathana.
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Bruce Lee Thursday, 06 June 2024 05:47 PM
Confirms clearly that the 2 former Presidents were not fit to hold the position of the all powerful head of head of state, abused thier powers and succumbed to undue influence and pressure from thier henchmen to violate clear established legal procedures. They may have very likely got kick backs for these favors....deserves punishment of the highest.
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Ponnusamy Ravindran Thursday, 06 June 2024 06:40 PM
Yes. After JR heinous crime of meddling with separation of powers and bringing Judiciary under Executive Presidency, now some beacon of light is being emiited to reestablish people trust on independence of judiciary. Hope all those in legal profession will support this and not go after money and other perks as some have. Some lawyers have sold their conscience for a pot of soup and a disgrace.
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Sambo Thursday, 06 June 2024 06:58 PM
What goes around comes around. So even if you are the king payback time is a reality. What about Athana, Methana who is also behind this.
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SSZ KHAN Thursday, 06 June 2024 08:22 PM
Nobody should be above law and not even the US
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VJ Thursday, 06 June 2024 08:27 PM
How about Sunil Ratnayake?
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cineha Thursday, 06 June 2024 08:35 PM
A well deserved judgement.
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Hettiarachchi Thursday, 06 June 2024 08:59 PM
He also pardoned Gnanasara, who was jailed for defamation of the judiciary.
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Rtna Thursday, 06 June 2024 10:10 PM
Rail is ideal for the next presidency.
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Ganapathi Palankotam Friday, 07 June 2024 03:09 AM
Well done the supreme court! People are beginning to respect you and salute now! What shall we do with this pambaya now? The culprit left the country - then put this man instead as soon as possible - or recover the bribe of 20 million US dollars!!
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