Presidential pardon for Duminda Silva grave threat to democratic rule, judicial independence: SJB 

Friday, 25 June 2021 04:09 -     - {{hitsCtrl.values.hits}}

  • Calls on President to stop abusing powers vested and withdraw the order 
  • Alleges an organised approach was on to spring the political confidant from death row

Ranjith Maddumabandara


 

Samagi Jana Balawegaya (SJB) yesterday claimed the Presidential pardon for convicted murderer and former Parliamentarian Duminda Silva had challenged the independence of the rule of law and democratic governance, whilst demanding President Gotabaya Rajapaksa to withdraw the order.

SJB General Secretary MP Ranjith Maddumabandara issuing a statement yesterday questioned whether due process was followed when granting a special Presidential pardon to Silva who was on death row. 

“The SJB condemned the abuse of power with disgust,” the statement said. 

Silva was convicted and sentenced to death in 2016 along with two others, over the murder of former Parliamentarian Bharatha Lakshman Premachandra in 2011. He was released yesterday morning along with 93 prisoners including 16 ex-LTTE carders who were also granted special Presidential pardon.

“It seems that the President is in the view that he is the Government. His conduct makes it clear that he is in the view that Parliament and Judiciary should function according to his whims and fancies. This is a grave threat to democratic rule in a country,” the statement stated. 

“Duminda Silva was charged with murder. There is also a party of victims of that murder. By granting this pardon to the political friend, the Government is only making the party of these victims deprived of the justice granted to them by law. This type of incident can take place only in tribally feudal systems of slavery,” the statement said.

The SJB called on the President not to further abuse the powers vested in him, whilst cautioning that the controversial decision will set only dangerous precedence that will damage the country. “We therefore insist that the President should withdraw this order and protect rule of law and its independence as well as the respect of judges of the courts,” the SJB urged.

“Such a reversal of a punishment order determined by a High Court Trial-at-Bar also confirmed by a five-judge Bench of the Supreme Court including the Chief Justice, in such a manner by applying the power of the Executive poses a question about the good governance in the country,” the statement said. 

The Bar Association of Sri Lanka (BASL) has also raised concerns over the process that was followed by the President Rajapaksa in granting special pardon to Silva.

MP Madduma Bandara alleged that there was an organised approach to spring the political confidant from death row.

“It is not a secret that this is a well-organised act. The fact that the Commission of Inquiry into Political Victimisation accepted at the last moment the case of Duminda Silva which has no relevance at all to that Commission and its action to lighten such a serious determination to an act of political victimisation is a defamation of the judges including the then Chief Justice. 

“It is clear that also collecting signatures of the Members of Parliament requesting a pardon for Duminda Silva was an act of clearing ground for this blatant decision.”

 

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