Former legislator Hirunika Premachandra and her mother, Sumana Premachandra, urged the Supreme Court today, through their lawyers, to set aside the presidential pardon granted to former legislator Duminda Silva for not following the provisions stipulated in the proviso to Article 34 (1) of the Constitution.
While concluding their oral submissions in respect of the Fundamental Rights petitions filed challenging the legality of the presidential pardon granted to Duminda Silva, President’s Counsel M.A. Sumanthiran, appearing for Hirunika Premachandra, and Counsel Eraj de Silva, appearing for Sumana Premachandra, urged the Supreme Court to set aside the presidential pardon due to errors apparent on the face of the record.
Counsel Eraj de Silva submitted to the court that the presidential pardon has not been granted to Duminda Silva after considering the report of the trial judges, the opinion of the Attorney General, and the recommendation of the Minister of Justice, as stipulated in the proviso to Article 43(1) of the constitution.
He further submitted to the court that the presidential pardon had been granted contrary to the principle of natural justice due to the non-consultation of the victims of the crime.
President’s Counsel Geoffrey Alagaratnam,appearing for another petitioner, stated that the pardon granted to Duminda Silva would be unreasonable and arbitrary and would result in the erosion of the Rule of Law and a loss of public confidence in the administration of justice.
The Supreme Court’s three-judge bench, comprising Justices Preethi Padman Surasena, Gamini Amarasekara, and Arjuna Obeysekera, fixed the petitions to be taken up for argument on March 20.
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, 2022, the Supreme Court issued an interim order directing the CID to place Duminda Silva in prison’s custody with immediate effect. The Court also 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.
