Presidential pardon granted to Duminda Silva not valid in law: SC

17 January 2024 10:34 am - 70 - {{hitsCtrl.values.hits}}

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Colombo, Jan 17 (Daily Mirror) - Sri Lanka's Supreme Court today held that former President Gotabaya Rajapaksa's decision to grant a Presidential pardon to former Parliamentarian Duminda Silva is arbitrary and not valid in law.

Accordingly, the Supreme Court three-judge-bench comprising Justices Preethi Padman Surasena, Gamini Amarasekara and Arjuna Obeysekera ordered to set aside the Presidential pardon granted to Duminda Silva for not following the Constitutional provisions.

Meanwhile, the Supreme Court ordered the prison authorities to take necessary action to implement the Supreme Court judgment in respect of Duminda Silva.

On September 8, 2016, five accused including former Defence Ministry Monitoring MP Duminda Silva were sentenced to death by Colombo High Court for committing the murder of four persons, including former Parliamentarian Bharatha Lakshman Premachandra on or around October 8, 2011.

The Supreme Court today delivered its final judgment in respect of three fundamental rights petitions filed challenging the legality of the Presidential pardon to Duminda Silva in 2021.

M.A. Sumanthiran PC with Suren Fernando appeared for former Parliamentarian Hirunika Premachandra. Eraj de Silva PC with Daminda Wijeratne, Janagan Sundramoorthi, Shehan Chamika Silva instructed by Dimuthu Kuruppuarachchi appeared for Sumana Premachandra. Jeffry Alagaratnam PC appeared for Attorney-at-Law Ghazali Hussain.

Gamini Marapana PC, Navin Marapana PC, Manohara de Silva PC and Anuja Premaratna PC appeared for Duminda Silva. Dr. K. Kanag-Isvaran PC appeared for the Bar Association of Sri Lanka. Additional Solicitor General Nerin Pulle appeared for the Attorney General.

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Comments - 70

ravin Wednesday, 17 January 2024 10:43 AM

Oh i see the seen. What about the other man ?

Mahila Thursday, 18 January 2024 12:04 AM

"What about the other man?" NAME, WHICH OTHER MAN???

Welcome Decision Thursday, 18 January 2024 02:28 AM

We can see light at the end of the tunnel for SL. All is still not lost thanks to the independent judiciary.

Nimal Wednesday, 17 January 2024 10:43 AM

We bow our heads in deep reverence to the Supreme Courts. The jarapaksha clan and their stooges consists of thugs, fraudsters and murderers and no one else. Not only was this cold-blooded murdered granted a Presidential pardon, he was given a top post in the government. If the pardon is not valid in law, put this rascal behind bars immediately or better still, hang him.

Raven Wednesday, 17 January 2024 04:18 PM

At this rate we'll be left wondering which Supreme Court verdict to believe. If the previous Supreme Court was wrong then isn't it that it's Judges too have wronged too?

joshua Wednesday, 17 January 2024 10:51 AM

Another of Gota's failures.

Citizen Wednesday, 17 January 2024 10:53 AM

What is next action?

Citizen Wednesday, 17 January 2024 11:07 AM

WHAT ABOUT FOLLOWING CASES: WIMAL DIANA PRASANNA AND NISHANKA.

Paloma Mihaela Mihai Friday, 19 January 2024 06:12 AM

One at a time.

Premalal Perera Wednesday, 17 January 2024 11:16 AM

So, all is not lost in Sri Lanka.

Nihon Sudda Wednesday, 17 January 2024 11:23 AM

Everything is going to change. Top benches know that government is gonna change and that's a people's government will be implemented in coming polls. Under NPP, law and order will be ensured.

gen Wednesday, 17 January 2024 03:02 PM

Yes, lets bring another big talker (AKD this time) who have 0 experience in governance and ruined the remaining. Sri Lankan will never learn. Last time they got Gota.. now they want AKD..

Mithun Wednesday, 17 January 2024 04:11 PM

Gen, do not compare AKD with Gota. Gota is the racist with zero knowledge and came from the family who totally ruined Srilankaand did all nasty works during his period.

UAli Wednesday, 17 January 2024 04:33 PM

What about RW and rajapaksha, what use of their damn experience after end up bankrupt the country, could someone be national leader without integrity,RW himself led his close associates to rob central bank of the country, even pickpocket has more self respect, rajapakshas Looted treasury without shame or fear, turning the whole nation destitute, so what the use of their experience

Nodaking Wednesday, 17 January 2024 04:42 PM

Gen can you name one murder ordered by AKD? Can you name one bribery accusation for AKD? It is feeble minded people like you that let criminals ruin countries.

Wiraj Wednesday, 17 January 2024 07:31 PM

Nodaking, aren't you aware of the countless executions JVP carried out during 1987-89 period. Most of them were innocent civilians. True you guys will never learn. Always vote and regret policy only.

Wiseman Thursday, 18 January 2024 09:41 AM

Wiraj, what was the reason behind JVPs action in 87-89? could you explain? I was a kid, so I don't know.

MirakRajBanda Wednesday, 17 January 2024 11:23 AM

Presidential pardon given by joker Sorrysena for Gananasara also null and void as well.

Voter Wednesday, 17 January 2024 11:33 AM

Rajapakses are curse to our country, they totally misused everything esp. economy and rule of law etc..had DA Rajapakse used condom we would have been in better place today…

Patriot Wednesday, 17 January 2024 11:39 AM

Bravo

Lion Wednesday, 17 January 2024 11:42 AM

Hailed the Supreme Court and its judges for upholding the law ,and this judgment will lead to have confidence in the judiciary by the people of this country

Ama Wednesday, 17 January 2024 11:46 AM

Gota is an UNEDUCATED PERSON. so his action speaks for itself.

Kumara Wednesday, 17 January 2024 11:51 AM

RW can do it in proper way.

A Supporter of Law and Order Wednesday, 17 January 2024 11:57 AM

What about Presidential Pardons granted by former President Sirisena? Are they valid in law?

NATO Wednesday, 17 January 2024 06:25 PM

Make a complaint and get a case filed. Then the courts will help you. If you want to win a lottery first buy a ticket.

johan Wednesday, 17 January 2024 12:09 PM

Most of the Pohuttuwa fellows were having pending court cases against them.For them to comeout they appointed Gota as President as they no Gota is from jungles and he knows only jungle law

DOT Wednesday, 17 January 2024 12:11 PM

Please talk to the new president and handle in a proper way!

Gihan Wednesday, 17 January 2024 12:27 PM

Hooray. The judiciary is now independent again!

Neel madagedara Wednesday, 17 January 2024 12:35 PM

Its clear sign that still we can rely on Srilanka Judicial system. As a citizen of Srilanka still we can keep the hope in future with the resanble justice and wrong doing done by Srilanka politicians in name sake of democracy. Thanks. Thanks

Grace Wednesday, 17 January 2024 12:38 PM

Jayawewa to lady justice.

Potta Harry Wednesday, 17 January 2024 12:47 PM

Catch me if you can

sam Wednesday, 17 January 2024 01:08 PM

Politicians have no respect for the law

Punchi Wednesday, 17 January 2024 01:09 PM

This is upsetting, we have precedents where people in high places are exempt from the provisions of the law. The SC is setting aside decades old understanding on this issue

Man Wednesday, 17 January 2024 01:24 PM

For the contempt of court, Gotabaya must be convicted.

Brave Hirunika chased away the Appuwa from house. Wednesday, 17 January 2024 04:30 PM

The charge will be misuse of power. This is what happens, when uneducated idiots are elevated to the top position by fools of the nation, driven by hatred for fellow citizens. In Sinhala they say, "Appuwa rajawuna." This Appuwa once announced "My word is the law" and the meek boot lickers were ready to applaud the word of wisdom.

Interested party Wednesday, 17 January 2024 01:30 PM

Correct Judgment. now what is the position with Sarath Fonseka, SB, Royal Park case and so many other presidential pardon decisions ? shouldn't the judgment revoked party to be considered as contempt of court and send to jail ??

Vive James Wednesday, 17 January 2024 01:34 PM

Silly Lanka Country like no other

Ganesh Wednesday, 17 January 2024 01:35 PM

Thank you to the Judiciary for this verdict and hopefully this trend continues.

Dilith Jaraweera Wednesday, 17 January 2024 01:36 PM

What is the use of an executive president?

Kabir Hashim Wednesday, 17 January 2024 01:37 PM

Premachandra was a big drug dealer.

Bandu Wednesday, 17 January 2024 03:47 PM

Wrong way round. It was Duminda who is known for peddling.

Ram Wednesday, 17 January 2024 01:53 PM

Independence of our Supreme Court is shining when politicians are attempting to remove the mud from themselves

Gona Wednesday, 17 January 2024 01:57 PM

At last at least. What action about Gota for his negligence? Violation of constitution is a grave crime.

SKG Jayawardena Wednesday, 17 January 2024 02:08 PM

Then what is the position re earlier pardons like Jayamaha, Gonawala Sunil, some Minister s wife I cant remember her name these are few that come to mind.

Anil Wednesday, 17 January 2024 02:26 PM

Now it is up to you AKD and SP to declare that they would reverse all pardons and bring the capital punishment back. It is a challenge.

Pullma Dingalinga Wednesday, 17 January 2024 02:40 PM

At last, at last, at last, finally some semblance of justice in Sri Lanka. I never thought I would live to see it.

Mokan Wednesday, 17 January 2024 02:40 PM

Excellent decision

Peter Wednesday, 17 January 2024 02:53 PM

Even though Gota took a wrong decision the Attorney general was also responsible for this illegal act. There must be an enquiry on this issue. In Addition the Secatary to the president must have given a proper advice. Duminda Silva was released on pardon and not given any probation time and appointed as the Chairmen of Housing athority by the then minister Indika anuruda.

Nihal S Wednesday, 17 January 2024 03:23 PM

Gota was a complete failure

Nimal Wednesday, 17 January 2024 09:53 PM

Of course, no doubt about it. He was a complete, miserable failure. He was utterly clueless about how to manage a country, but managed to deceive 6.9 million people, including myself.

CitizenP Wednesday, 17 January 2024 03:42 PM

Where is he now?

SJ Wednesday, 17 January 2024 04:17 PM

Duminda was not the real culprit in this case in fact he was innocent, the crime was committed by another in fact I don't like this guy but still an innocent should not be punished

Gabriella Wednesday, 17 January 2024 04:32 PM

Who were the judges ? Let their names be forever etched in the minds of the people. I always thought Sri Lanka had the best judiciary that money could BUY. Sycophantic, easily corruptible and pliable judges who lacked moral fibre. I kneel at the feet of these esteemed Supreme Court judges in apology. There is HOPE ! Let the scum that govern BEWARE !!!

Bernard Jayatilake Wednesday, 17 January 2024 04:44 PM

What about the other two presidential pardons granted by the former ruler for reasons best known to only himself ignoring the rule-of -law and independence of the judiciary?

Bernard Jayatilake Wednesday, 17 January 2024 04:49 PM

Hope that the present ruler, who is a close friend of this convicted person as he even visited the latter in a hospital.in Singapore after the killing, may not try to reverse everything achieved through the independence of our judiciary.

mk Wednesday, 17 January 2024 05:00 PM

Good. Now how about Shramantha Jayamaha?

Justice Wednesday, 17 January 2024 06:31 PM

There are many more like this! Well, even if it took this long to do this, better late than never!

roni Wednesday, 17 January 2024 06:46 PM

Trust GOLD FM radio station gives adequate publicity as they did when the guy was pardoned. . Come on No 01-radio station do justice.

KOKUVILAN Wednesday, 17 January 2024 06:47 PM

SUMANTHIRN RIGHT NOW SHOULD LOOK AFTER HIS SECURITY AS DUMINIDA SILVA HAS MORE POWER OUT SIDE OF PRISON TO DO ANY DAMAGE TO SUMANTHIRNS LIFE.

Ponga Wednesday, 17 January 2024 10:45 PM

HAPPY PONGAL GIFT. 2024

Mahila Thursday, 18 January 2024 01:42 AM

WHAT BAD DID SUMANTHIRAN DO!!!??? Nothing, except INTERPRETED THE LAW AND SOUGHT JURISPRUDENCE!!!??? Duminda and Brother should be more angry, and disappointed with Former President and Secretary PBJ for they lacked Knowledge, Intellect to follow correct Constitutional Procedure!!!??? Surely they should have known the Provisions enabling a Pardon!!!??? Did the people elect such Nincompoops!!! All because the Cardinal and the Yellow robbed said so – Gave 2/3rd Majority to Boot!!!??? Next time 6.9 M or even 7.3 M does give 2/Road Majority, PLEASE BE AWARE ALL LANKANS thereafter live under "King GOTABAYA"!! Capital shifted Mulkirigala or “Medamulana”

Tissa Fernando Wednesday, 17 January 2024 06:48 PM

Gota was appointed by 6.9 m people expecting that he will put things in order. What he did was completely opposite. Giving pardon to convicted murderers and appointing them in high positions in the government establishments , short sighted decisions, allowing corruption to thrive and appointing the entire family into whatever the position available. He gave Namal about 20 ministries to handle. How could a single person handle 20 ministries. That was all for further robbing the economy. Still some stupid people are believing in them.

KEEP UP THE HONEST AND EXCELLENT JUDGEMENTS Wednesday, 17 January 2024 07:22 PM

FINALLY WE HAVE A SUPREME COURT THAT HAS THE GUT AND BACKBONE TO STAND UP FOR ITS JUDGEMENT. BRING THE DEATH PENALTY FOR ALL MUDERERS AND DRUG PEDDLERS AND GET THE COUNTRY RID OF THERE PARASITES, MAKING OUR COUNTRY BACK BEING CALLED " PEARL OF THE ORINENT'. PRAYERS THE LORD CONTINUES TO GIVE THE SUPREME COURT THE STRENGTH TO MAKE HONEST AND FACTUAL JUDGEMENTS. .LORD GRANT ALL SUPREME COURT JUDGES PROTECTION.

NV Jen Wednesday, 17 January 2024 07:37 PM

Supreme court is the only consolation for the battered nation. Kudos to all judges. Similarly the Gona Gota's pardoning of Sunil the army sergeant who murdered 8 people including 3 young children in Mirusuvil Jaffna, has to be reversed. Also abolish this cursed executive presidential system that gives presidential morons, powers to carry out such illegalities.

Mandayan Wednesday, 17 January 2024 07:58 PM

Next Surgent Ratnayaka, get ready.

Hoota Wednesday, 17 January 2024 09:15 PM

This means that Rena will spend all his money to bring someone back to as a president who can give proper presidential pardon to DS. Could be GOTA as well.. its beyond our little brains and we will vote like fools to give what they want ..

Mahila Thursday, 18 January 2024 01:20 AM

Possibility with 2/3rd Majority like 2020, and SLPP envisaged NEW constitution - Committee appointed - headed by Legal wizard Romesh De Silva PC., ably aided, by Manohara De Silva (MDeSPC) PC!!?? SPECIAL clause – Transition, SL Head of State (HoS), provision like Iranian/Persian Constitutional Amendment in 1915, “to install ‘SHAH REZA PAHLAVI’ as KING AND MONARCH OF THE REALM”!? If they do, bestow on Future HoS as King and Monarch, Special Powers enabling him exercise discretion, DO whatever as Monarch!!!??? Then, SL HoS could Pardon anyone, at his whims and fancies!!! Present scenario – elected President under constitution of 2nd Republic, Post 19th amendment SL HoS, curtailed Power, except following “REVIEW PROCEDURE SET IN CONSTITUTION”!!!??? If HoS becomes “KING OF THE REALM”, Arumadura Romello De Silva goes FREE Post Elections!!!??? Reason, MDeSPC’s PRELIMINARY OBJECTION WAS THROWN OUT!!!

Tom Jones Thursday, 18 January 2024 06:45 AM

File action against the far Presidenr Gothabhaya Rajapakse immediately . The medhamulanaya clan’s civic rights should be deprived. It is a shameless family that has ruined the country.

Soma Thursday, 18 January 2024 07:45 AM

Dont be quick to judge, I am sure there is an under hand workings in this case, maybe to get votes from people saying that they corrected the wrong, afterall do you think the ruling will stand after the elections.

Paloma Mihaela Mihai Friday, 19 January 2024 06:14 AM

Verdict of a DECORATED FOOL! Thank you Sri Lanka Courts.

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Presidential pardon granted to Duminda Silva not valid in law: SC

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