Supreme Court voids Sirisena's pardon for Gnanasara Thera

Sri Lanka’s Supreme Court has invalidated a presidential pardon granted by former President Maithripala Sirisena to Ven. Galagoda Aththe Gnanasara Thera, the General Secretary of Bodu Bala Sena. The court ruled the pardon unconstitutional, marking a significant judicial check on executive power.

Gnanasara Thera had been serving a six-year prison sentence for contempt of court following an incident in 2016 at the Homagama Magistrate’s Court. During those proceedings, he entered the court without permission, insulted a Senior State Counsel, and verbally abused Sandya Eknaligoda. While his sentence was originally set to end in July 2022, Sirisena exercised his executive authority to grant a pardon in May 2019.

In response to the ruling, Sirisena defended his decision, stating he acted according to the constitutional powers available to him during his tenure. He noted that the legal framework regarding presidential powers shifted between the 18th and 19th Amendments. The Supreme Court's decision establishes a precedent that executive pardons must adhere to constitutional requirements and are subject to judicial scrutiny.