SJB condemns release of Duminda Silva; calls withdrawal of pardon

The Samagi Jana Balawegaya (SJB) has questioned the release of former MP Duminda Silva under a presidential pardon and called for the withdrawal of the pardon.

Ranjith Maddumabandara General Secretary of the SJB in a statement said that the Judicial Process is considered to be the most important factor in a democracy.

“The Special Presidential Pardon granted to Duminda Silva makes it clear that not only rule of law, but also its independence has been challenged in Sri Lanka at present”, the statement said.

The statement also said:

“According to the queries made by the Bar Association of Sri Lanka, also a question arises as to whether the proper procedure has been followed by the President in granting that pardon. It seems that the President is in the view that he is the government.

His conduct makes it clear that he is in the view that Parliament and Judiciary should function according to his whims and fancies. This is a grave threat to a democratic rule in a country. International organizations are already making queries about human rights situation in Sri Lanka. Economy of the country will also have to encounter many challenges as a result of the resolution adopted by the European Union the other day.

Attorney General has been compelled to change court determinations by undertaking a recommendation from a disreputable Commission called the Presidential Commission on Political Victimization. Attempts are also made through the Cabinet of Ministers to influence court determinations. What becomes manifest out of such activities is that the country is moving towards a system of unlawfulness and immorality.

Such a reversal of a punishment order determined by a High Court Trial-at-Bar also confirmed by a Five Judge Bench of the Supreme Court including the Chief Justice in such a manner by applying power of the Executive clearly poses a question about the good governance in the country.

It is not a secret that this is a well-organized act. The fact that the Commission of Inquiry into Political Victimization accepted at the last moment the case of Duminda Silva which has no relevance at all to that Commission, and its action to lighten such a serious determination to an act of political victimization is a defamation of the judges including the then Chief Justice. It is clear that also collecting signatures of the Members of Parliament requesting a pardon for Duminda Silva was an act of clearing ground for this blatant decision.

The government which, day by day, is tarnishing the international image of Sri Lanka will only further isolate our motherland from the civilized world by this act. Our people gave power to this President and this government not to play with the rule of law according to their whims and fancies.

Duminda Silva was charged with a murder. There is also a party of victims of that murder. By granting this pardon to the political friend, the government is only making the party of these victims deprived of the justice granted to them by law. This type of incidents can take place only in tribally feudal systems of slavery.
The Samagi Jana Balawegaya, with much revulsion, condemns this misuse of the power granted to the President by the Constitution.

This flawed precedent on the part of the President has only further endangered future of the country. We, therefore, insist that the President should withdraw this order and protect rule of law and its independence as well as the respect of Judges of the Court.”