Petitions against Presidential Pardon granted to Duminda Silva to be heard on February

Three Fundamental Rights petitions filed challenging the legality of the Presidential Pardon granted to former Parliamentarian Duminda Silva were yesterday fixed for argument by Supreme Court.

The Supreme Court three-judge-bench comprising Justices Preethi Padman Surasena, Mahinda Samayawardena and Arjuna Obeysekera fixed the petitions to be taken up for argument on February 7.
On a previous occasion, former President Gotabaya Rajapaksa was added as a respondent since he was no longer holding the post of the President.

On May 31, the Supreme Court issued an Interim Order directing the CID to place Duminda Silva under the custody of prisons with immediate effect. The Court also issued an Interim Order impounding Duminda Silva's passport. The Court has already granted leave to proceed with these applications in terms of Article 12(1) of the constitution.

Former Parliamentarian Hirunika Premachandra, her mother Sumana Premachandra and former Commissioner of Human Rights Commission of Sri Lanka (HRCSL) Ghazali Hussain had filed these petitions seeking a declaration that the presidential pardon of Duminda Silva is invalid in law. 

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 MP Bharatha Lakshman Premachandra on or around October 8, 2011.

President's Counsel M.A. Sumanthiran with Counsel Eraj de Silva appeared for the petitioners. President's Counsel Gamini Marapana with Manohara de Silva PC and Navin Marapana appeared for the respondents.(Lakmal Sooriyagoda)