Granting Presidential Pardon to Duminda Silva: Hirunika files FR petition

Former Parliamentarian Hirunika Premachandra, the daughter of slain politician Bharatha Lakshman Premachandra has filed a Fundamental Rights petition in the Supreme Court challenging the legality of the Presidential Pardon granted by President Gotabaya Rajapaksa to former Parliamentarian Duminda Silva.

Through this petition, Colombo district former Parliamentarian Hirunika Premachandra is also seeking a declaration that her fundamental rights guaranteed under Article 12(1) for equal protection of the law have been violated.

Hirunika Premachandra had filed this Fundamental Rights petition naming Attorney General, Commissioner General of Prisons, the Minister of Justice and several others as respondents.

The petitioner said the decision to pardon Duminda Silva is unreasonable and undermining the authority of the court since his conviction had been affirmed by a five-judge bench of the Supreme Court.

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. 

On October 11, 2018, Supreme Court five-judge-bench headed by then Chief Justice Priyasath Dep unanimously decided to dismiss appeal petitions filed by former MP Duminda Silva and two others who challenged the judgment of Colombo High Court that found them guilty for conspiring to murder four persons including former MP Bharatha Lakshman Premachandra.