Features
THE DUMINDA SILVA PARDON
by Dr Nihal Jayawickrama
The Attorney-General had indicted 13 persons on 17 counts including murder following the death of one Bharatha Lakshman Premachandra in 2012. In September 2016, in the High Court of Colombo, at the conclusion of a Trial-at-Bar before three Judges, in a majority judgment, five accused were convicted of several offences including murder, and were sentenced to death on the charge of murder, and to life imprisonment and varying periods of imprisonment and fines on the other charges. Eight were acquitted.
Except for one convict who had been tried in absentia, the other four appealed against their convictions and sentences. A Bench of five Judges of the Supreme Court, headed by Chief Justice Priyasath Dep, heard arguments for 15 days. On October 10, 2018, in a 51-page judgment, the Supreme Court affirmed the convictions and sentences and dismissed the appeals.
Among the five who had been convicted was the 11th Accused, Arumadura Lawrence Romelo Duminda Silva. He was a former Member of Parliament who had previously served as the Monitoring Member of the Ministry of Defence, appointed to that position by the then Minister of Defence President Mahinda Rajapaksa. The Secretary of Defence at the time was Gotabaya Rajapaksa who was later elected President of the Republic in November 2019.
President’s power of pardon
In or about May 2021 President Gotabaya appears to have pardoned Duminda Silva in the purported exercise of his powers as President of the Republic. Under Article 34 of the Constitution, the President may grant a pardon to any offender convicted of any offence in any court in Sri Lanka. However, if that offender had been sentenced to death, the President is required to cause a report to be made to him by the Judge who tried the case. He is then required to forward that report to the Attorney-General with instructions that after the Attorney-General has advised thereon, both reports should be sent to the Minister of Justice who is required to forward both reports, with his own recommendation, to the President.
Challenge in the Supreme Court
Shortly thereafter, the daughter and the wife of the deceased Premachandra petitioned the Supreme Court alleging that the pardon violated their fundamental right to equality before the law and the equal protection of the law. Several senior counsel representing the interested parties, including former President Gotabhaya Rajapakse, made submissions before a bench of three judges of the Supreme Court: Justices Padman Surasena, E.A.G.R.Amaraskera, and Arjuna Obeyesekere.
Sequence of events
During the proceedings in the Supreme Court, it transpired that:
· On December 16, 2019, barely a month after Gotabaya Rajapaksa had assumed the office of President, Mrs Romain Malkanthi Silva had written to him stating that her son’s medical condition required him to be out of prison.
· On October 19, 2020, following the general election held two months earlier, 117 Members of Parliament, by letter addressed to President Gotabaya Rajapaksa, requested the grant of a pardon to Duminda Silva.
·On May 4, 2021, High Court Judge Morais reported that he did not recommend a pardon to be considered.
· On May 11, 2021, High Court Judge Padmini Gunatilake reported that “Duminda Silva was lawfully convicted and sentenced to death”, and that she cannot recommend that he be pardoned.
· On June 21, 2021, the Attorney-General, by letter addressed to the Minister of Justice, informed him that Duminda Silva had been convicted of four counts of murder, one count of attempted murder, and two counts of criminal intimidation. He had been sentenced to death in respect of each count of murder, and to a term of 20 years rigorous imprisonment on the count of attempted murder. He noted that the convictions and sentences had been upheld by a five-judge bench of the Supreme Court. Accordingly, he advised that any exercise of the President’s power of pardon “should be capable of withstanding the test of rationality, reasonableness, intelligible and objective criteria”. He stressed that under the law it was not open to the President to make a subjective decision to grant a pardon. “A pardon is not a private act of grace from an individual happening to possess power”, he added.
· In forwarding the above reports to the President, the Minister of Justice refrained from making any recommendation, concluding his letter by merely stating “It is a matter for Your Excellency to exercise the discretion vested with Your Excellency under Article 34 of the Constitution”.
No documentation available
Neither the Attorney-General, nor Counsel appearing for the former President, was able to produce any document or file that contained the President’s order granting a pardon. Nor were they able to produce a file that contained even a minute made by the President explaining the reason why the pardon was being given. The only document produced by the Attorney-General to explain the President’s decision was a letter written by the Secretary to the President to the President of the Bar Association in reply to the latter’s letter dated June 24, 2021. That letter contained the following paragraph:
I am instructed by His Excellency the President to inform you that due process as per Article 34(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka has been followed in granting pardon to Mr. Duminda Silva. Accordingly, reports from the Trial Judges, recommendations from Hon. Attorney-General and the Minister of Justice were called prior to granting of the pardon to Mr. Duminda Silva. Mr. Silva’s pardon was given due consideration following the appeal made by his mother Mrs. Romain Malkanthi Silva on December 6, 2019.
The Supreme Court noted that the record pertaining to the impugned pardon, including a copy of a gazette, proclamation or any other document containing the decision for and/or grant of the pardon, had not been produced.
Judgment of the Court
Having considered all the material and submissions, the Court held that it had no legal basis or even a factual basis to uphold the decision made by the former President to grant a pardon.
“I hold that the said decision is arbitrary, irrational, and has been made for the reasons best known to the former President who appears to have not even made any written decision and has not given any reasons thereto.”
Accordingly, the Court unanimously held that the fundamental rights guaranteed to the petitioners by Article 21(1) of the Constitution had been infringed; and that the decision to grant the pardon to Duminda Silva was null and void and was therefore quashed. The Commissioner-General of Prisons was directed to take necessary steps to give effect to the judgment.
A Comment
There are two stages after a person is convicted of an offence and sentenced to death, imprisonment or fine when the Head of State may intervene. These were originally stated in the Royal Instructions of 1947:
· The Governor-General shall not grant a pardon, respite, or remission to any offender without first receiving, in every case, the advice of one of his Ministers.
· Where any offender shall have been condemned to suffer death by the sentence of any Court, the Governor-General shall cause a report to be made to him by the Judge who tried the case, and he shall forward such report to the Attorney-General with instructions that after the Attorney-General has advised thereon, the report shall be sent, together with the Attorney-General’s advice, to the Minister whose function it is to advise the Governor-General on the exercise of the said powers.
It is a common practice to grant “an amnesty” to certain categories of prisoners, usually based on their conduct, on special occasions such as Independence Day or Republic Day, Wesak or Christmas Day. The list of prisoners to be released is prepared by the prison authorities and submitted through the Minister of Justice to the Head of State for approval.
It is interesting to know whether that practice was considered when Parliament enacted the Protection of Victims of Crime Act in August 2023.
Section 5 of that Act states that the victim of a crime has the right, when the remission of the sentence of a person convicted of an offence is being considered, “to receive notice thereof” and to submit to the person considering such remission “the manner in which the offence committed has impacted on such victim of crime physically, emotionally, psychologically, financially, professionally, or in any other manner”. In a situation in which several hundreds, if not thousands, of prisoners are identified for an amnesty, how practicable would it be to comply with this requirement?
In respect of persons sentenced to death, the procedure set out in the Royal Instructions has previously been scrupulously followed. It commences at the conclusion of the trial. In the Ministry of Justice when Felix Dias Bandaranaike was the Minister and I was the Permanent Secretary, if either the trial judge or the Attorney-General had recommended that the sentence should not be carried out, the Minister advised the Head of State that the sentence be commuted to one of life imprisonment.
If the trial judge and the Attorney-General had both recommended that the sentence be carried out, a Senior Assistant Secretary examined the case record and the investigation notes for one of three elements: (1) evidence of premeditation; (2) excessive cruelty in the commission of the murder; (3) any other material that “shocks the conscience”. If one of these elements was present, the Minister advised to let the law take its course.
In 1976 a policy decision was taken to suspend judicial executions. Consequently, on May 22, 1977, the fifth anniversary of the Republic, President Gopallawa commuted the sentences of everyone on death row to life imprisonment: 144 men and three women. Thereafter, Presidents Jayewardene and his successors in office, Presidents Premadasa, Wijetunge, Kumaranatunge and Rajapakse commuted every sentence of death. In 2019, as his term drew to a close, President Sirisena appeared to have developed a passion to resume executions.
It was reported that, at his instance, the prison authorities advertised for a hangman, purchased a rope from Pakistan, and drew up a list of those lingering in the death row. Then, with lightening speed, he pardoned convicted killer Shramantha Jude Anthony Jayamaha who had been sentenced to death for the brutal murder of Yvonne Jonsson by ramming her head against her apartment stairs. No plausible explanation was ever offered for his sudden and inexplicable change of course.
Features
Viktor Orban, Benjamin Netanyahu and Donald Trump: The Terrible Threes of the 21st Century
In the autumn of 1956, Hungary staged the first uprising against the 20th century Soviet behemoth. Seventy years later, in the spring of 2026 Hungary has delivered the first electoral thrashing against 21st century right wing populism in Europe. The 1956 uprising was crushed after seven days. But the opposition scored a landslide victory in Hungary’s parliamentary election held on Sunday, April 12 and. Viktor Orban, Prime Minister since 2010 and the architect of what he proudly called “the illiberal state”, was resoundingly defeated. Orban who has been a pain in the neck for the European Union was a close ally of US President Donald Trump and Israeli Prime Minister Benjamin Netanyahu.
Trump even dispatched his Vice President JD Vance to Budapest to campaign for Orban. After Orban’s defeat, Trump and his MAGA followers may be having nightmares about the US midterm elections in November. Similarly, Orban’s defeat has reportedly caused “great concern in the halls of power in Jerusalem.” Netanyahu has lost his only ally in the European Union and the opposition victory in Hungary does not augur well for his own electoral prospects in the Israeli elections due in October.
Ceasefire Hopes
Trump and Netanyahu have bigger things to worry about in the Middle East and among their own political bases. Trump is going bonkers, blasphemously imitating Christ and badmouthing the Pope, launching a blockade in the Strait of Hormuz and strong arming more talks in Islamabad. Netanyahu has been forced to sit on his hands, pausing his fight against Iran while pursuing peace talks with Lebanon. The leaders and diplomats from Pakistan, Egypt and Turkey are shuttling around drumming up support for another round of talks in Islamabad and a prolonged extension of the ceasefire.
Further talks in Islamabad and potential extension of the ceasefire received a new boost by Trump’s announcement of a new 10-day ceasefire between Israel and Lebanon. The background to this development appears to be Iran’s insistence on having this secondary ceasefire, and Trump insisting on ceasefire abidance by Hezbollah in return for his ordering Netanyahu to stop his brutal ‘lawn mowing’ in Lebanon. All of this might seem to augur well for a potential extension of the primary ceasefire between the US and Iran. There are also reports of the narrowing of gap between the two parties – involving a potential moratorium on Iran’s uranium enrichment, the opening of the Strait of Hormuz, and Iran’s access to its frozen assets estimated to be $100 billion.
Meanwhile the IMF has released its latest World Economic Outlook with a grim forecast. “Once again, says the report, “the global economy is threatened with being thrown off the course – this time by the outbreak of war in the Middle East.” Before the war, the IMF was expected to upgrade its growth forecasts for the global economy. Now it is going to be weaker growth and higher inflation with oil price optimistically stabilizing around $100 a barrel in 2026 and $75 a barrel in 2027. In a worst case scenario, if the oil prices were to hit $110 in 2026 and $125 in 2027, growth everywhere will further weaken and inflation will go further up in countries big and small.
In a joint statement on the Middle East, the Finance Ministers of the United Kingdom, Australia, Japan, Sweden, Netherlands, Finland, Spain, Norway, Republic of Ireland, Poland and New Zealand have called on the IMF and World Bank “to provide a coordinated emergency support offer for countries in need, tailored to country circumstances and drawing on the full range and flexibility of their tool kits.” They have also welcomed “advice on domestic responses that are temporary, targeted, and effective, and encourage work to identify steps needed to protect long-term growth.”
Subversion from the Right
The two men, Trump and Netanyahu, who started the war and precipitated the current crisis are not being held accountable by anyone and they are still free to do what they want and as they please. The third man, Victor Orban, who did not have anything to do with the war but extended wholehearted ideological and political support as a faithful apprentice to the two older sorcerers, has been democratically defeated. Together, they formed the terrible threes of the 21st century, spearheading a subversion from the right of the emerging liberal status quo of the post Cold War world. Orban’s defeat is a significant setback to the illiberal right, but it is not the end of it.
The three emerged in the specific historical contexts of their own polities that are both vastly different and yet share powerful ingredients that have proved to be politically potent. The broader context has been the end of the Cold War and the removal of the perceived external threat which opened up the domestic political space in the US, for locking horns over primarily cultural standpoints and climate politics. This era began with the Clinton presidency in 1992 and the election of Barack Obama 16 years later, in 2008, created the illusion of a post-racial America.
In reality, the right was able to push back – first with the younger Bush presidency (2000-2008) pursuing compassionate conservatism, and later with the foray of Trump (2016-2020) threatening to end what he called the “American Carnage.” Of the 32 years since the election of Bill Clinton, Democrats have controlled the White House for 20 years over five presidential terms (Clinton – two, Obama – two, and Biden -one), while the Republicans won three terms (Bush – two, Trump – one) spanning 12 years.
Trump has since won a second term for another four years, but already in his five+ years in office he has issued executive orders to roll back almost all of the liberal advancements in the realms of civil rights, equality, diversity and inclusion. All that the celebrated acronym DEI (Diversity, Equality and Inclusion) stands for has been executively ordered to be banished from the state, its agencies and its programs.
In Europe, the European Union became the champion and bulwark of liberalism and subsidiarity, which in turn provoked the rise of right wing populism in every member country. Brexit was the loudest manifestation against what was considered to be EU’s overreach, but after Britain’s bitter Brexit experience the populists in the European countries gave up on demanding their own exit and limited themselves to fighting the EU from their national bases.
Viktor Orban became the face and voice of anti-EU nationalists. But he and his political party, the Christian Nationalist Fidesz – Hungarian Civic Alliance, are not the only one. Nigel Farage’s Reform UK in Britain and Marine Le Pen’s National Rally Party in France are becoming real electoral contenders, while right wing presidents have been elected in Argentina and Chile.
The rise and fall of Viktor Orban
Of the three terribles, Orban is the youngest but with the longest involvement in politics. Born in 1963, Viktor Orban became a political activist as a 15-year old high schooler, becoming secretary of a Young Communist League local. He continued his activism while studying law in Budapest, visiting Poland and writing his thesis on the Polish Solidarity movement, giving lectures in West Germany and the US as a potential future Hungarian leader, and undertaking research on European civil society at Pembroke College, Oxford.
At the age of 26, Orban gained national prominence with a speech he delivered on June 16, 1989 in Budapest’s Heroes’ Square to mark the reburial of Imre Nagy and other Hungarians killed in the 1956 uprising. Imre Nagy was the leader of the 1956 Hungarian uprising against the puppet Soviet Union outpost in Budapest.
To digress and make a local connection – the pages of Sri Lanka’s parliamentary Hansard of 1956, contain an impressive record of the political debate in Sri Lanka over the events in Hungary. The LSSP’s Colvin R de Silva eloquently led the Trotskyite prosecution of the Soviet invasion of Hungary and the suppression of its freedoms. Pieter Keuneman of the Communist Party used his wit and debating skills to defend the indefensible. GG Ponnambalam, the unrepentant anti-communist, used the opportunity to take swipes on both sides. Finally, for the government, Prime Minister SWRD Bandaranaike deployed his own oratorical skills to empathize with the uprising without condemning the USSR. The four men were Sri Lanka’s foremost verbal gladiators and they used the occasion to put on quite a display of their talents.
Back to Hungary, where Orban began his political vocation identifying himself with Imre Nagy and demanding the withdrawal of the Soviet army from Hungary and calling for free elections in that country to elect a new government. That same year in 1989, Fidesz was recognized as a political party; Orban became its leader four years later in 1993 and led the party and its allies to their first victory and formed a new government in 1998. At age 35 Orban became the second youngest Prime Minister in Hungary’s history.
During his first term, Orban started well on the economy, reducing inflation and the budget deficit, was welcomed to the White House by President George W. Bush, and led Hungary to join NATO overruling Russian objections. But the slide into authoritarianism and corruption was just as quick, including the attempt to replace the two-thirds parliamentary majority requirement by a simple majority. By the end of the term the ruling coalition disintegrated and Orban lost the 2002 election and became the leader of the opposition over the next two terms till 2010.
Orban returned to power with a two-thirds majority in 2010 and immediately introduced a new constitution that set the stage for ushering in the illiberal state. What had been previously a communist state now became a Christian state where ‘traditional values’ of gender rights, sexuality, and exclusive nationalism were constitutionally enshrined. The electoral system was changed reducing the number parliamentarians from 386 to 199 – with 103 of them directly elected and 93 assigned proportionately. Orban went on to win three more elections over 16 years – in 2014, 2018 and 2022 – each with a two-thirds majority, and used the time and power to transform Hungary into a conservative fortress in Europe.
The new constitution and its frequent amendments were used to centralize legislative and executive power, curb civil liberties, restrict freedom of speech and the media, and to weaken the constitutional court and judiciary. It was his opposition to non-white immigration that made him “the talisman of Europe’s mainstream right”. He described immigration as the West’s answer to its declining population and flatly rejected it as a solution for Hungary. Instead, he told his compatriots, “we need Hungarian children.” His ‘Orbanomics’ policies restricted abortion and encouraged family formation – forgiving student debt for female students having or adopting children, life-long tax holiday for women with four or more children, and sponsoring fixed-rate mortgages for married couples.
Orban wanted to make Hungary an “ideological center for … an international conservative movement”. Orban heaped praise on Jair Bolsonaro for making Brazil the best example of a “modern Christian democracy.” He endorsed Trump in every one of Trump’s three presidential elections, the only European leader to do so. In return, Orban has been described by US MAGA ideologue Steve Bannon as “Trump before Trump.” Orban’s attack on universities for being the citadels of liberalism have found their echoes in Trump’s America and Modi’s India.
For all his efforts in making Hungary a conservative ideological centre, Viktor Orban’s undoing came about because of Hungary’s growing economic crises and the depth of corruption and systemic nepotism that engulfed the government. The economy has tanked over the last three years with rising prices and the national debt reaching 75% of the GDP – the highest among East European countries. Orban’s critics have exposed and the people have experienced systemic corruption that enabled the siphoning of public wealth into private accounts, the creation of a ‘neo-feudal capitalist class’, and the enrichment of family and friends. Orban’s corruption became the central plank of the opposition platform that Peter Magyar and his Tisza Party presented to the voters and caused his ouster after 16 years.
The Prime Minister elect is not a dyed in the wool liberal, but a member of a conservative Budapest family, and a politician cut from the old Orban cloth. Magyar (literally meaning “Hungarian”) was once a “powerful insider” in the Fidesz government – notably active in foreign affairs, while his ex-wife was once the Minister of Justice in Orban’s cabinet. Mr. Magyar may not fully roll back all of Orban’s illiberalism, but he has committed himself to eliminating corruption, increasing social welfare spending, limiting the prime ministerial tenure to two terms, and being more pro-European, EU and NATO.
EU and European leaders have openly welcomed the change in Hungary, and may be looking for the new government to change Orban’s vetoing of a number of EU initiatives, especially those involving assistance to Ukraine. In return, the new government in Hungary will be expecting the unfreezing of as much as $33 billion funds that the EU extraordinarily chose to freeze as punishment for Orban’s illiberal initiatives in Hungary. For Trump and Netanyahu, the defeat of Viktor Orban removes their only ally and supporter in all of Europe.
by Rajan Philips
Features
ICONS:A Dialogue Across Centuries
Sky Gallery of the Fareed Uduman Art Forum is dedicated to bringing audiences, cultures, and time periods together through meaningful and accessible art experiences to create the closest possible encounters with the world’s greatest paintings. Previous exhibitions include, Gustav Klimt, Frida Kahlo, Paul Gauguin, Vincent Van Gogh, Salvador Dali.
ICONS is conceived as “a dialogue across centuries” bringing together over a dozen artistic geniuses whose works span the Renaissance to the modern era. These works at their original scales of creation changes the conversation. You can finally stand in front of a life-size Vermeer or a monumental Monet and feel the dialogue between artists who never met but shaped each other across time. Each exhibit is meticulously presented on canvas, hand-framed, and finished at the exact dimensions of the original masterpieces, preserving the integrity of composition, texture, brushwork, color and scale.
At the heart of the exhibition is Jan van Eyck’s ‘Arnolfini Portrait’, a work that epitomizes the detail, symbolism, and human intimacy that have inspired generations of artists. Alongside it, visitors will encounter paintings that shaped the renaissance, impressionism, modernism, and the evolution of visual storytelling by Munch, Matisse, Monet, Degas, Da Vinci, Renoir, Vermeer, Rembrandt, Cézanne, Caravaggio, and more. The exhibition invites audiences to experience a rare conversation across centuries of artistic brilliance.
By bringing together works that are geographically and historically dispersed, ICONS creates a compelling space for comparison, reflection, and discovery. Visitors are invited to move beyond passive viewing into a more engaged encounter—tracing artistic influence, identifying stylistic shifts, and uncovering unexpected connections between artists who never shared the same physical space, yet remain deeply interconnected across time.
Designed and curated for both seasoned art enthusiasts and first-time visitors, ICONS offers an experience that is at once educational, immersive, and accessible—removing many of the traditional barriers associated with global museum-going.
Exhibition Details:
Dates: April 24 – May 3
Time: 10:00 AM – 5:00 PM (Monday – Sunday)
Venue: Sky Gallery Colombo 5
Features
Our Teardrop
BOOK REVIEW
Ranoukh Wijesinha (2026)
Published by Jam Fruit Tree Publications.
82 pages. Softcover. ISBN 978-624-6633-81-3
The author is a graduate teacher at St. Thomas’ College, Mount Lavinia; his alma mater. On leaving school he read for a Bachelor of Arts Degree in English Language and English Literature at the University of Nottingham (Malaysia). On graduating, in 2024, he went back to his old school to teach these same disciplines. There seems to be a historic logic to this as his grandfather, a notable Thomian of his day, also started his working career as a teacher at the College before moving on to the world of publishing; as a newspaper journalist and sub-editor.
On his maternal side, Wijesinha’s grandfather was an accomplished journalist, thespian and playwright of his day, and his mother is also a much sought after teacher of English and English Literature and, as acknowledged by him, his first, and foremost, English teacher.
Though there are some well-written, almost lyrical, pieces of prose in this publication, it is the poetry that dominates. Written with a sensitivity to people and events he has either observed himself, or as described to him by those who did, it also encompasses all genres of poetic verse, from the classical to the modern, including sonnets, acrostics, haiku to free and blank verse, the latter more in vogue today. All in all, it presents as a celebration of English poetry and its ability to, sometimes, express depth of thought and feeling far better than prose.
Dedicated to his mentor at St. Thomas’, his Drama and Singing Master had been a great influence on Wijesinha His sudden, premature, death understandably came as a shock to the still developing student under his tutelage. The poems “The Man who Made Me” and “The Curtain Called” best demonstrate this. In addition, it is apparent that Wijesinha has endured much mental trauma in his young life. Spending much time on his own, the questions these moments have raised are expressed in “When No One is Listening”, “There was a Time”, “Midnight Walks” and the prose “A Ramble through Colombo”.
However, the majority of the poems concern ‘Our Teardrop’, Sri Lanka, for whom the writer has a great love. He explores its history, its natural wonders, its people, its tragedies, its corruption and the hope that things will get better for all its people. “Bala’ and “Dicky” address a time of violence from days gone by when there were few glories, just victims. “Easter Sunday” brings this almost to the present time.
There also is humour. “Ado, Machang, Bro, Dude” celebrates his friends and friendships in a way that will reverberate with all the present and previous generations of those who are, or were once, in their late teens and early twenties.
There is little to criticise in this first of the writer’s forays into published works except, as referred to previously, to re-state that the prose quails in the face of the power of the poetry. It is all well written, filled with passion and compassion, and gives comfort that there still are young Sri Lankan writers who can be this brave, and write so powerfully, and profoundly, in English. It is hoped that this is just the first of many from the pen of this young writer.
L S M Pillai
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