By Tharumalee Silva
The presidential pardon granted to the General Secretary of the Bodu Bala Sena (BBS) Ven. Galagodaththe Gnanasara Thera, is likely to be challenged in court.
The Centre for Policy Alternatives (CPA) stated that it was looking at the possibility of taking legal action.
Gnanasara Thera was released last week after being pardoned by President Maithripala Sirisena.
The controversial monk was released while serving a jail term after being convicted of contempt of court.
The Executive Director of Transparency International Sri Lanka (TISL) Asoka Obeysekara told The Sunday Morning that the Thera’s release posed an immediate threat to the judicial system in Sri Lanka.
“Our position is the fact that contempt of court is a criminal offence and it is particularly important when we are imposing the rule of law. Setting a precedent of using a presidential pardon to overturn a contempt of court conviction, when contempt of the court is an essential element in imposing the rule of law in the country, is a troubling precedent,” he said.
He further stated that the President being able to grant a pardon for an individual who has violated judicial proceedings on a grave scale becomes a testimony to the rule of law in the country.
“It reflects the state of our rule of law,” he added.
Obeysekara also said that it was refreshing that some aspects and powers of the executive can be subjected to the rule of law after the 19th Amendment was put into effect.
He also said that the public needs to show strength as opposed to blindly accepting political leadership.
“Let us hope this is not viewed negatively. There should be a strong response from the people that the rule of law is essential to the country and the rule of law must apply equally to all,” he said.
Meanwhile, the CPA demanded that the Government, as a whole, must justify why the pardon was granted, despite it being inconsistent with the rule of law in the country and the Constitution.
CPA Executive Director Dr. Paikiasothy Saravanamuttu said that the CPA had not yet decided whether it would be filing legal action against the decision to free the monk, but said that it would look into the possibility.
The presidential pardon granted to the General Secretary of the Bodu Bala Sena (BBS) Ven. Galagodaththe Gnanasara Thera, is likely to be challenged in court.
The Centre for Policy Alternatives (CPA) stated that it was looking at the possibility of taking legal action.
Gnanasara Thera was released last week after being pardoned by President Maithripala Sirisena.
The controversial monk was released while serving a jail term after being convicted of contempt of court.
The Executive Director of Transparency International Sri Lanka (TISL) Asoka Obeysekara told The Sunday Morning that the Thera’s release posed an immediate threat to the judicial system in Sri Lanka.
“Our position is the fact that contempt of court is a criminal offence and it is particularly important when we are imposing the rule of law. Setting a precedent of using a presidential pardon to overturn a contempt of court conviction, when contempt of the court is an essential element in imposing the rule of law in the country, is a troubling precedent,” he said.
He further stated that the President being able to grant a pardon for an individual who has violated judicial proceedings on a grave scale becomes a testimony to the rule of law in the country.
“It reflects the state of our rule of law,” he added.
Obeysekara also said that it was refreshing that some aspects and powers of the executive can be subjected to the rule of law after the 19th Amendment was put into effect.
He also said that the public needs to show strength as opposed to blindly accepting political leadership.
“Let us hope this is not viewed negatively. There should be a strong response from the people that the rule of law is essential to the country and the rule of law must apply equally to all,” he said.
Meanwhile, the CPA demanded that the Government, as a whole, must justify why the pardon was granted, despite it being inconsistent with the rule of law in the country and the Constitution.
CPA Executive Director Dr. Paikiasothy Saravanamuttu said that the CPA had not yet decided whether it would be filing legal action against the decision to free the monk, but said that it would look into the possibility.