SC issues interim order to arrest ex- MP Duminda Silva

The Supreme Court has ordered the arrest of former Parliamentarian Duminda Silva after issuing an interim order suspending the presidential pardon granted to him over the conviction for the murder ex-MP Bharatha Lakshman Premachandra.

The order was given after three Fundamental Rights Petitions were filed by former MP Hirunika Prmachandra, her mother Sumana Premachandra and a former Commissioner of the  Human Rights Commission Gazali Hussain.

The Supreme Court ordering the CID to arrest the suspect said he should not be allowed to leave the country.

The bench comprised of Preethi Padman Surasena, Yasantha Kodagoda and Achala Wengappuli.

M.A. Sumanthiran appearing for the petitoners said that that the proper procedures had not been followed in granting the pardon and it was questionable on how Duminda Silva was selected to be given pardon.

Additional Solicitor General Nerin Pulle appearing for the respondents said that the powers of the President to grant a pardon cannot be questioned.

Gamini Marapana appearing for Duminda Silva also maintained that a presidential pardon cannot be questioned and therefore the court has no jurisdiction to hear the case.

Duminda Silva who was  convicted over the murder of  Bharatha Lakshman Premachandra in 2011 by the  Colombo High Court sentenced him  to death on September 8, 2016 .

Last year President Gotabaya Rajapaksa granted a presidential pardon to Duminda Silva and appointed him as the Chairman of the National Housing Development Authority (NHDA).

By Manopriya Gunasekara