Dr. Paikiasothy Saravanamuttu, Executive Director, Centre for Policy Alternatives (CPA), filed papers challenging the Presidential Pardon of Gnanasara Thera who was convicted for contempt of court by the Court of Appeal on August 8, last year, the Colombo based civil society organization said.
The Thera was sentenced to 19 years of rigorous imprisonment to be completed within 6 years.
CPA notes that the Constitution does not permit the President to act in a manner that undermines and erodes the independence of the judiciary in exercising his right to pardon under Article 34 of the Constitution.
Further after the 19th Amendment to the Constitution came greater accountability as President’s action (except for the exercise of power to declare war and peace) is reviewable by way of the fundamental rights application before the Supreme Court.
The Colombo based civil society organization also reiterated that grant of pardon for Gnanasara Thero for contempt of court frustrates the power of the judiciary to maintain its authority and upholds its dignity and the rule of law.
It is submitted that therefore, that fundamental rights guaranteed under Article 12(1) [ All persons are equal before the law and are entitled to equal protection before the law] has been violated.
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