June 06, Colombo (LNW): The Supreme Court today (06) in a significant legal decision concerning the extent of executive pardon powers rendered a ruling invalidating former President Maithripala Sirisena’s grant of a Presidential pardon to Don Shamantha Jude Anthony Jayamaha, convicted in the Royal Park murder case, deeming it arbitrary and unlawful.
The three-judge bench of the Supreme Court, comprising Justices S. Thurairaja, Yasantha Kodagoda, and Janak de Silva, ordered the nullification of two Presidential pardons issued to Shamantha Jude Anthony Jayamaha, citing non-compliance with constitutional provisions.
The court asserted that ex President Maithripala Sirisena’s actions violated the petitioner’s Fundamental Rights (FR) and the public trust doctrine in granting the presidential pardon to the aforementioned convict.
The Women & Media Collective organisation initiated this Fundamental Rights petition challenging the legality of Sirisena’s decision to grant a presidential pardon to the Royal Park murder convict.
In light of this ruling, the Supreme Court directed the relevant authorities to take lawful measures regarding the implementation of the sentence imposed on Jude Jayamaha.
President’s Counsel Sanjeeva Jayawardena, along with Counsels Rukshan Senadheera and Ranmali Meepagala, represented the petitioner. President’s Counsel Romesh de Silva appeared for the victims, while Faizer Mustapha PC represented former President Maithripala Sirisena.
Saliya Peiris PC acted on behalf of the Bar Association of Sri Lanka, and Additional Solicitor General Nerin Pulle represented the Attorney General.
