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Supreme Court suspends Duminda Silva’s pardon

01 Jun 2022

  • Orders CID to arrest former MP
  • Unclear if he returned from visit to Singapore
The Supreme Court has issued an interim order suspending the special presidential pardon granted to former MP Duminda Silva while he was serving a death sentence, and ordered the Criminal Investigation Department (CID) to arrest the former parliamentarian. The Supreme Court also issued a travel ban on the former MP, while the Attorney General has been instructed to provide necessary advice and assistance to the CID in this regard. However, it is unclear whether Duminda Silva was in Sri Lanka, as he had travelled to Singapore in the early hours of 7 May. At the time of printing, it was not confirmed whether he had returned to Sri Lanka. Former MP Duminda Silva was jailed in September 2016, after the Colombo High Court found him and several others guilty in the murder of former MP Bharatha Lakshman Premachandra. On 24 June 2021, President Gotabaya Rajapaksa granted a presidential pardon to several prison inmates, which controversially included Duminda Silva, in view of the Poson full moon Poya day. Subsequently, fundamental rights (FR) petitions were filed by Sumana Premachandra (the wife of Bharatha Lakshman Premachandra), former Human Rights Commission of Sri Lanka (HRCSL) Commissioner Gasali Hussain PC, and several others, challenging the special presidential pardon granted to Duminda Silva. Allowing the hearing of three FR petitions, the three-judge bench of the Supreme Court, comprising Justices Preethi Padman Surasena, Yasantha Kodagoda, and Achala Vengappuli, moved to revoke the presidential pardon. The petitions will be taken up for hearing on 1 September.


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