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SC directs TN Govt. to reconsider issue of premature release of Sri Lankan national incarcerated for nearly 35 yrs
The Indian Supreme Court has directed the Tamil Nadu government to reconsider the issue of premature release of a Sri Lankan convict, who has undergone nearly 35 years of incarceration, the PTI reported yesterday (01)
The apex court, while noting that the petitioner intends to go back to Sri Lanka, as and when he is released, directed that he shall be shifted to an appropriate transit camp, as may be decided by the state.
A bench of Justices A S Oka and Rajesh Bindal noted, it has been stated before the Court, that the state government has set up transit camps where foreigners who have overstayed in India, and refugees, have been accommodated, and if a direction is issued to that effect by the Court, the petitioner can be shifted there.
The top court was hearing a plea filed by petitioner Rajan, who has challenged the state’s February 12, 2021, order, rejecting his prayer for grant of premature release in terms of the February 1, 2018, policy.
“We direct the State of Tamil Nadu to reconsider the issue of premature release of the petitioner in the light of what is observed in this order within a maximum period of three weeks from today,” the bench said in its February 24 order.
It observed that the petitioner has been convicted, sentenced to life imprisonment and has undergone approximately 35 years of incarceration.
The bench noted that the petitioner’s prayer for premature release was considered and rejected by the state on two grounds — seriousness of the crime committed by him and that trials of the co-accused were separated and his premature release would be a hindrance to the conduct of fair trials.
It said the apex court order of March last year refers to an affidavit filed by the state which records that the petitioner’s conduct in jail has been satisfactory.
The bench further noted that the counsel appearing for the Centre has stated before it that on verification, it was found that the petitioner is a citizen of Sri Lanka.
“From the orders which are passed earlier, it is crystal clear that as and when there is an order releasing the petitioner, he intends to go back to Sri Lanka. If he is shifted to a transit camp, the state government can ensure that he does not move out, till he goes back to his own country,” it said.
The bench said it is not the case of the state or the Centre that there are any other offences committed by the petitioner.
“Therefore, considering the overall factual scenario and nationality of the petitioner, the case of the petitioner for premature release will have to be reconsidered by the state government in the light of the policy, dated February 1, 2018, or any other relevant policy, which is applicable to the petitioner,” it said.
“In the meanwhile, we direct that the petitioner shall be shifted to appropriate transit camp as may be decided by the state government,” the bench said, while granting a week time to state to shift him to an appropriate transit camp.
The bench has posted the matter for further hearing on March 27.
News
Dr. Roshanie Dissanayake appointed Secretary to the Ministry of Science and Technology
President Anura Kumara Dissanayake has appointed Dr. Roshanie Dissanayake as the Secretary to the Ministry of Science and Technology.
The letter of appointment was handed over to Dr. Dissanayake by Secretary to the President Dr. Nandika Sanath Kumanayake at the Presidential Secretariat on Friday (11) morning.
Dr. Roshanie Dissanayake has also served as an Additional Secretary (Sri Lanka Administrative Service – Special Grade) at the Ministry of Public Administration, Provincial Councils and Local Government.
President’s Media Division (PMD)
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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.
News
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).
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