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Former President Gotabaya Rajapaksa was added as a respondent in the FR case filed challenging the legality of the pardon granted to Duminda Silva
November 24, 2022

The Supreme Court today permitted the petitioners to personally add former President Gotabaya Rajapaksa as a respondent in the Fundamental Rights petitions filed challenging the legality of the presidential pardon granted to former Parliamentarian Duminda Silva.
Accordingly, the Supreme Court's two-judge bench, comprising Justices Murdu Fernando and Yasantha Kodagoda, issued notices on former President Gotabaya Rajapaksa, returnable for December 16, in connection with three fundamental rights petitions. The notices are to be dispatched to two residential addresses where former President Gotabaya Rajapaksa is believed to have lived, including his Mirihana residence.
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.
The petitioners had sought the court's permission to amend the caption of the petitions in order to add former President Gotabaya Rajapaksa 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 prison custody. 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.
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