The Bar Association of Sri Lanka (BASL) has questioned the presidential pardon granted to former Parliamentarian Duminda Silva.
The BASL said that its attention has been drawn to the pardon given by the President to Duminda Silva, a prisoner who was convicted for unlawful assembly and murder by a High Court at Bar, which was unanimously affirmed by a divisional bench of the Supreme Court headed by the then Chief Justice Priyasath Dep.
The BASL has asked the President to convey to the BASL and to the general public the basis on which Duminda Silva was selected for the purpose of granting a pardon under Article 34 (1) of the Constitution.
The BASL also questioned the circumstances which were taken into consideration in the granting of such pardon, the reasons as to why the case of Duminda Silva stands out from others who are currently sentenced, whether a report was called for by the President from the Trial Judges as required by the Provisio to Article 34 (1) prior to granting of the pardon to Duminda Silva and if so the contents of the report, whether the advice of the Attorney General was called for prior to granting of the pardon to Duminda Silva and if so the contents of such advice.
The President was also asked whether the recommendation of the Minister of Justice was obtained prior to granting of the pardon to Duminda Silva and if so whether the Minister of Justice made such a recommendation
The Bar Association of Sri Lanka maintains that if any one or more considerations stated above, were not satisfied in the current case, the pardon granted would be unreasonable and arbitrary.
Duminda Silva was granted a presidential pardon today.
The Prisons Department said that it had received the documentation from the President’s Office to free Duminda Silva on a presidential pardon.
As a result Duminda Silva was set free today on a presidential pardon. (Colombo Gazette)