The Supreme Court today ruled that former President Maithripala Sirisena’s decision to grant a presidential pardon to Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Atte Gnanasara Thera was arbitrary and invalid in law.
The judgment was delivered by a three-member Supreme Court bench headed by Justice Janak De Silva, in response to fundamental rights petitions filed by the Centre for Policy Alternatives (CPA) and Sandhya Ekneligoda, the wife of missing journalist Prageeth Ekneligoda.
The petitions challenged the legality of the presidential pardon granted to Gnanasara Thera, who had been sentenced to six years in prison for contempt of court following his conduct during proceedings at the Homagama Magistrate’s Court concerning the case of Prageeth Ekneligoda.
Gnanasara Thera was released from Welikada Prison on May 23, 2019, after the Presidential Secretariat issued a letter granting him a presidential pardon.
In August 2018, the Court of Appeal sentenced Gnanasara Thera to 19 years of rigorous imprisonment, to be served concurrently as a six-year term, over his conduct inside the Homagama Magistrate’s Court on January 25, 2016.
The Supreme Court subsequently upheld the Court of Appeal judgment on October 5, 2018, finding Gnanasara Thera guilty of contempt of court.
President’s Counsel Viran Corea, with Luwie Ganeshathasan and Khyati Wikramanayake, appeared for the Centre for Policy Alternatives. Counsel Asthika Devendra, with Pulasthi Hewamanne, instructed by Manjula Balasuriya, appeared for Sandhya Ekneligoda.
Counsel Thishya Weragoda, with Sanjaya Marambe and Iresh Senevirathne, appeared for Gnanasara Thera, while President’s Counsel Faiszer Musthapha, with Pulasthi Rupesinghe, appeared for former President Maithripala Sirisena.
