The attention of the Bar Association of Sri Lanka (BASL) has been drawn to a pardon given by 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.
The BASL has asked the President to convey to the BASL and to the general public:
(a) The basis on which Duminda Silva was selected for the purpose of granting a pardon under Article 34 (1) of the Constitution;
(b) The circumstances which were taken into consideration in the granting of such pardon;
(c) The reasons as to why the case of Duminda Silva stands out from others who are currently sentenced;
(d) Whether a report was called for by the President from the Trial Judges as required by the Provisio to Article 34 (1) prior to granting of the pardon to Duminda Silva and if so the contents of the report.
(e) Whether the advice of the Attorney General was called for prior to granting of the pardon to Duminda Silva and if so the contents of such advice
(f) Whether the recommendation of the Minister of Justice was obtained prior to granting of the pardon to Duminda Silva and if so whether the Minister of Justice made such a recommendation
The BASL maintains that if any one or more considerations stated above, were not satisfied in the current case, the pardon granted would be unreasonable and arbitrary.
Following is the full statement of the Executive Committee of the BASL:
