The attention of the Bar Association of Sri Lanka (BASL) has been drawn to a 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.
“It is the right of the public to know whether the said pardon has been granted in accordance with the report of the trial Judges, the advice of the Attorney General and the recommendation of the Hon. Minister of Justice. As such, the BASL has written to His Excellency the President requesting to make the public aware whether such report, advice or recommendation do exist and if so whether they in fact recommend or do not recommend such pardon to Duminda Silva,” the BASL said in a statement.
“Whilst His Excellency the President has the power and discretion to pardon, such discretion must always be exercised judiciously. Such power must not be exercised arbitrarily and selectively.”