FR contests revival of execution: SC fixes for support on July 5

4 July 2019 12:01 am

By S.S.Selvanayagam

The Supreme Court yesterday (3) fixed for Friday (5) to support granting Leave to Proceed with the fundamental rights petition impugning the decisions for revival of execution complaining that it is shrouded with in secrecy, with utter lack of transparency and accountability, and are arbitrary and violative of the Constitution.

The Bench comprising Justices Buwaneka Aluvihara, Lalith Dehideniya and Pathman Surasena fixed the matter for support on July 5 along with other petitions.   
Lawyer Kavindu Hewa Geeganage filed a fundamental rights petition on behalf of condemned prisoner Mohammad Haniffa Praeem Nawas Currently detained at Walikada Prison.  
Petitioner cited Attorney General, Minister of Justice and Prison Reforms Thalatha Atukorale, Commissioner General of Prisons T.M.J.W.Thennakoon, Welikada Prison Superintendent T.G.Uduwara, Secretary to the President Udaya Ranjith Seneviratne, the Human Rights Commission and Bar Association President Kalinga Indatissa as respondents.  Counsel M.A.Sumanthiran with Pulasthi Hewamanna instructed by Gowry Shankary Thavarasa appeared for the petitioner.  

 


Additional Solicitor General Priyantha Nawanna appeared for Attorney General.  


The Petitioner states that after the last execution in 1976, successive Presidents of Sri Lanka have refrained from placing their signatures on the death warrants, without which condemned prisoners cannot be executed in the prisons. He claims although the Courts of Law sentenced persons to death, successive Presidents have periodically commuted death sentences to life or other terms of imprisonment.

 

  • The Bench comprising Justices Buwaneka Aluvihara, Lalith Dehideniya and Pathman Surasena fixed the matter for support on July 5 along with other petitions
  • He claims although the Courts of Law sentenced persons to death, successive Presidents have periodically commuted death sentences to life or other terms of imprisonment