In a unanimous decision, the Supreme Court of Sri Lanka ruled today (17) that the presidential pardon granted by former President Gotabhaya Rajapaksa to former Member of Parliament Duminda Silva was illegal.
The Supreme Court’s decision comes in response to three fundamental rights petitions challenging the presidential pardon granted to Duminda Silva, who had been convicted and sentenced to death for the murder of Member of Parliament Bharata Lakshman Premachandra.
Petitioners included Sumana Premachandra, the wife of the deceased Bharata Lakshman Premachandra, his daughter Hirunika Premachandra (former Member of Parliament), and lawyer Ghazali Hussain, a commissioner of the Sri Lanka Human Rights Commission.
The Attorney General and Duminda Silva were named as respondents in the petitions.
The background of the case involves Duminda Silva’s conviction and death sentence for the murder of Bharata Lakshman Premachandra, with the Supreme Court upholding the sentence in 2018. The challenge centered on the legality of the presidential pardon granted to Duminda Silva, with the petitioners arguing that proper procedures were not followed.
The Supreme Court had previously issued an interim order suspending Duminda Silva’s presidential pardon, directing the Criminal Investigation Department to remand him to jail, prohibiting him from traveling abroad, and suspending his foreign passports.
Notably, former President Gotabhaya Rajapaksa was named as a respondent in these petitions at the petitioner’s request. Lawyers representing both the petitioners and Duminda Silva appeared before the court during the proceedings.
