Three Fundamental Rights petitions filed challenging the legality of the presidential pardon granted to former Parliamentarian Duminda Silva were today fixed for argument by the Supreme Court.
The Supreme Court’s three-judge bench, comprising Justices Preethi Padman Surasena, Mahinda Samayawardena, and Arjuna Obeysekera, fixed the petitions to be taken up for argument on February 7.
On a previous occasion, former President Gotabaya Rajapaksa was added as a respondent since he was no longer holding the post of President.
On May 31, the Supreme Court issued an interim order directing the CID to immediately place Duminda Silva in the custody of prisons.In addition, the court 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.
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 Defense Ministry Monitoring MP Duminda Silva, were sentenced to death by the Colombo High Court for committing the murder of four persons, including former MP Bharatha Lakshman Premachandra, on or around October 8, 2011.
President’s Counsel M.A. Sumanthiran and Counsel Eraj de Silva appeared for the petitioners. President’s Counsel Gamini Marapana, Manohara de Silva PC, and Navin Marapana appeared for the respondents.
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