Supreme Court invalidates presidential pardon granted to Gnanasara Thera
– 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.A three-judge bench of the Supreme Court, headed by Justice Janak De Silva, delivered the judgment in response to fundamental rights petitions filed by the Centre for Policy Alternatives (CPA) and Sandhya Ekneligoda, the wife of missing journalist Prageeth Ekneligoda, challenging former President Sirisena’s decision to grant the pardon.
Gnanasara Thera was sentenced to six years in prison after being found guilty of contempt of court over his conduct during a court hearing at the Homagama Magistrate’s Court concerning the case of missing journalist Prageeth Ekneligoda.On May 23, 2019, Gnanasara Thera was released from Welikada Prison after receiving a presidential pardon.Viran Corea, PC, with Luwie Ganeshathasan and Khyati Wikramanayake appeared for the CPA. 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 Faiszer Musthapha, PC, with Pulasthi Rupesinghe, appeared for former President Sirisena.
In August 2018, Gnanasara Thera was sentenced by the Court of Appeal to 19 years of rigorous imprisonment, to be served concurrently as six years, over his contemptuous conduct inside the Homagama Magistrate’s Court.On October 5, 2018, the Supreme Court upheld the Court of Appeal judgment finding Gnanasara Thera guilty of contempt of court over his conduct inside the Homagama Magistrate’s Court on January 25, 2016.
