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Lawyers’ Collective asks public to vote wisely
The Lawyers’ Collective has urged electorate to vote for a person committed to the safeguard and protection of the independence and integrity of institutions, including the judiciary, the Constitutional Council, the police, public service, the Central Bank, and independent commissions and to safeguard them from unwarranted political interference and pressure.
The text of the statement: As the Presidential Election draws close, the Lawyers’ Collective draws the attention of the voting public to areas vital to the future of governance in Sri Lanka: democracy, rule of law and the independence of the judiciary.
In a democracy, institutions must respect the different powers and responsibilities of Parliament, the Executive led by the President and the Courts. The preservation of the rule of law is key to the well-being of the nation and its people and is an integral part of building a sustainable and thriving economy, a democratic and just social order and accountable governance.
People and also governments must recognise that the rule of law, including the protection of human rights, includes many elements such as the right of the people to participate in decision-making in governance, the holding of periodic free and fair elections, the independence of the judiciary, the prevention of corruption, transparency in governance, subsidiarity and equitable power sharing, the right to equality, non-discrimination and equal protection of the law, the guarantee of accountability and rejection of impunity.
Over the years, Sri Lanka has witnessed a steady decline in the rule of law and democratic values and norms, which has directly affected the economic wellbeing of the nation and impacted the daily lives of people. The decline in the rule of law has resulted in economic mismanagement, large scale bribery and corruption, impunity, gross human rights abuse and violence against persons and property. Several laws that undermine human rights, democracy and decision making by those most affected have been enacted. The economic and political crisis of 2022 is essentially a crisis of governance resulting from the breakdown of the rule of law and weakening of key institutions. There is much to be reversed and changed.
If Sri Lanka is to achieve economic and social stability the strengthening of its institutions, including Parliament, the Judiciary, the Public Service, including the Police and other independent institutions, is essential. So, too, is addressing the issue of corruption and waste of public resources.
Therefore, it is necessary to elect a President who commits to the safeguard and protection of the independence and integrity of institutions, including the judiciary, the Constitutional Council, the police, the public service, the Central Bank, and independent commissions and to safeguard them from unwarranted political interference and pressure. These are essential for the sustainable economic development of our country. Towards this end, a clear Page 2 of 3 commitment to abolish the executive presidency and to step away from centralized authoritarian power is crucial.
Over the years a key source of interference or attempted interference with these institutions has been the executive President whose powers have often gone unchecked. After the 19th Amendment to the Constitution, the Supreme Court has become an important institution to act as a check on the abuses of the Presidential Office. Hence it is vital at present, and in the future, that the independence of the judiciary is preserved as it is a corner stone for the preservation of democracy and the rule of law in Sri Lanka. Without an independent and a courageous judiciary, citizens who have suffered from violations of their rights at the hands of State authorities will not be able to effectively vindicate their rights or to obtain redress.
The person who is elected as President will have a profound impact on democracy, the rule of law and the independence of the judiciary, the police and the public service. The Lawyers’ Collective notes that the President so elected will have the opportunity to fill several vacancies which will arise in the apex courts in the next few months, including the vacancy in the office of Chief Justice which will occur in December 2024.
As you cast your vote, the Lawyers Collective respectfully urges the voting public to keep in mind the vital need to safeguard democracy, the rule of law and the independence of the judiciary in our nation.
The following signed the statement: Upul Jayasuriya, PC, M.M. Zuhair, PC, Professor Savitri Goonesekere, Attorney-at-Law Dr. Jayampathy Wickramaratne, PC, Dinal Phillips, PC, Geoffrey Alagaratnam, PC, Saliya Pieris, PC, Professor Deepika Udagama, Professor Camena Gunaratne, S.T. Jayanaga, PC, Nalin Dissanayake, PC, Upul Kumarapperuma, PC, Srinath Perera, Attorney-at-Law, Darshana Kuruppu, Attorney-at-Law, Chandima Atapattu, Attorney-at-Law, Sandamal Rajapakse, Attorney-at-Law, Kosala Dabare, Attorney-at-Law, Manoj Nanayakkara, Attorney-at-Law, Amila Egodamahawatte, Attorney-at-Law and Jayantha Dehiaththage, Attorney-at-Law.
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Gnanasara Thero absconding after SC ruling
Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.
Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.
The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.
The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.
The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.
The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.
Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.
The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.
Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.
Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.
The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.
Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.
The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.
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House to debate 22A, Judicature Bill next week
Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.
The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.
On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.
On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.
The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.
An Opposition motion at the Adjournment Time will follow.
On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.
The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).
News
Wrong house targeted in underworld grenade attack: Two children killed
Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.
Three police teams have been deployed to investigate the attack, which occurred at around 3 am.
According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.
The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.
Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.
The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.
Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’
Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.
Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.
Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.
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