Supreme Court Presidential Pardon is unconstitutional.
The Supreme Court has ruled that the Presidential Pardon granted by former President Maithripala Sirisena to Jude Shramantha Jayamaha who was sentenced to death for the Royal Park murder, is unconstitutional.
This verdict was announced in relation to a petition filed by the Women and Media Collective, challenging the Presidential Pardon.
The Supreme Court bench, comprising Justices S. Thurairaja, Yasantha Kodagoda, and Janak de Silva, delivered the ruling on the petition challenging the Presidential Pardon given to Jude Shramantha Jayamaha.
The bench emphasized that then-President Maithripala Sirisena intentionally violated certain articles of the Constitution by granting a presidential pardon to the accused.
They highlighted that this act undermined the power entrusted to the President to uphold the people’s sovereignty and the rule of law.
The Supreme Court directed the Attorney General to take necessary legal steps, with both local and international assistance, to bring the accused, who is currently abroad, back to Sri Lanka.
Additionally, the Supreme Court ruled that the fundamental rights of the petitioner and the aggrieved party were violated by the former President’s decision.
The court ordered Maithripala Sirisena to pay One million rupees in compensation to the petitioner.
Furthermore, the court ordered Sirisena to pay one million rupees in compensation each to the parents of the deceased girl.
On July 11, 2012, the Court of Appeal sentenced Don Jude Shramantha Jayamaha to death for the murder of 19-year-old Yvonne Johnson on June 30, 2005, at the Royal Park Apartment Complex in Rajagiriya.
However, on September 11, 2019, former President Maithripala Sirisena granted a presidential pardon to the accused.
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