President’s Counsel raps presidential pardons outside the rules

by Hiran Senewiratne

Eminent lawyer Presantha Lal de Alwis PC criticized the presidential pardon granted to convicted prisoners, particularly those sentenced to death, as a violation of established procedures outlined in the Sri Lankan Constitution.

Addressing a meeting of the Rotary Club of Colombo Centenarian, under the chairmanship of its President, Chrisantha Perera at the Cinnamon Grand Hotel in Colombo on Thursday, De Alwis said: “The pardoning of individuals from execution, particularly drug offenders, is not based on any policy or procedure outlined in the Constitution or any legal framework.”

He emphasized that the process for granting presidential pardons, especially for death penalty cases involving drug offenders, lacks a defined policy or procedure and needs to be properly regulated.He recalled that during the July 1983 riots, then Minister of Justice Nissanka Wijeratne resigned following the killing of Tamil prisoners at Welikada during the J.R. Jayewardene administration.

In contrast, he pointed out that in the United Kingdom, which operates under an unwritten Constitution, three Prime Ministers recently resigned due over various issues. Notably, one was forced to resign for violating Covid-19 rules, demonstrating the UK’s strict adherence to procedures and laws.

“Adherence to law and order and the strict maintenance of state policy are fundamental features of the British political system,” he said adding that the unwritten Constitution in the UK is designed to protect individual rights rather than fulfilling the whims of rulers, thus ensuring that the rights of citizens are upheld.