Three petitions challenge pardoning of Duminda Silva before SC

By Saman Indrajith

The Supreme Court yesterday fixed for support three Fundamental Rights petitions challenging the legality of the a presidential pardon given to former Parliamentarian Duminda Silva.

A three-judge-bench comprising Justice Vijith Malalgoda, Justice Gamini Amarasekara and Justice Yasantha Kodagoda fixed the petitions for support on 31 May.

The petitions have been filed by former Parliamentarian Hirunika Premachandra, her mother Sumana Premachandra and former Commissioner of Human Rights Commission of Sri Lanka (HRCSL) Ghazali Hussain. The petitioners want the court to declare that the pardon is invalid in law. They also claim that the respondents have violated their Fundamental Rights guaranteed under Articles 10, 11, 12 and 12(1) of the Constitution. The petitioners are seeking an Interim Order preventing Duminda Silva from leaving the country.

The Petitioners claim media have reported that Duminda Silva received a presidential pardon on or about 24 June, 2021. The other convicts in the case involving Silva are still serving their sentences. The petitioners claim the President has still not explained why Silva was pardoned or the procedure of the pardon in terms of Article 34. The petitioners claim any pardon under Article 34 of the Constitution should be made after a careful analysis of the need for pardoning a person.

Counsel Suren Fernando appeared for Hirunika Premachandra. Attorney-at-law Eraj de Silva with Daminda Wijerathne and Sundramoorthy Janagan under the instructions of Attorney-at-law Dimuthu Kuruppuarachchi appeared for Sumana Premachandra.

On 08 September, 2016, five persons including former MP Silva were sentenced to death by Colombo High Court over the death of four persons including former MP Bharatha Lakshman Premachandra on 08 October 2011.