In a historical first, the Supreme Court of Sri Lanka has invalidated a presidential pardon, specifically that of ex-Parliament member Duminda Silva. Silva’s pardon, given by former President Gotabaya Rajapaksa, has been unanimously ruled as having no legal or factual basis by the court.
Before the pardon, Silva and four others were sentenced to death in 2016, convicted for the murder of politician Bharatha Lakshman Premachandra. The death penalty remains on Sri Lanka’s books despite the last execution occurring in 1976. This is due to the ongoing moratorium on the death penalty in the country.
Post Rajapaksa’s election victory in 2019, a Presidential Commission to investigate political victimization was set up by the new administration which recommended Silva’s release. Consequently, Rajapaksa granted a special pardon to Silva in June 2021.
However, the special pardon soon came under scrutiny through three petitions challenging it on the grounds of fundamental rights. The Supreme Court acknowledged these petitions and in May 2022, after granting leave to proceed with the case and suspending Silva’s special pardon, the Criminal Investigation Department arrested Silva.
Ultimately, the court declared the following in its unanimous ruling:
“I have no legal basis or even a factual basis to uphold the decision made by the former President to grant a pardon to the recipient in the instant case. I hold that the said decision is arbitrary, irrational and has been made for the reasons best known to the former President.”
The ruling has been acknowledged by Member of Parliament M.A. Sumanthiran as a significant development, primarily in light of other pending challenges to presidential pardons. Among these, a notable challenged pardon is that of Sunil Ratnayake who was responsible for the Mirusuvil massacre.
This account was originally reported here.