The Supreme Court, while invalidating the Presidential pardon granted to Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Atte Gnanasara Thera by former President Maithripala Sirisena, has stressed that the President exercises the executive power of the People in trust and must exercise such power in the public interest.
Delivering the judgment, Justice Janak De Silva observed that a Presidential pardon is not a private act of grace exercised for the benefit of the President or for the advancement of any personal, political or other self-serving interest.
Justice De Silva held that the power to grant a pardon is a constitutional power derived from the sovereignty of the People and must therefore be exercised towards an end consistent with the public interest.
The Court observed that the records maintained at the Presidential Secretariat did not contain reasons for the decision to pardon Gnanasara Thero. The former President had also failed to state in his affidavit the reasons for granting the pardon.
Justice De Silva further observed that the President is required to remain accountable for decisions made in the exercise of constitutional powers and must furnish reasons for such decisions.
According to the judgment, the requirement to give reasons is necessary for the Court to determine whether the power has been exercised within the limits prescribed by the Constitution and to ensure that the exercise of presidential power remains subject to effective judicial scrutiny.
Justice De Silva further noted that prior to the 19th Amendment to the Constitution, the President enjoyed immunity in respect of acts done in the capacity of President. However, the 19th Amendment removed such immunity and rendered acts of the President justiciable.
The judgment further observed that the judiciary exercises the judicial power of the People and therefore constitutes a constitutional check upon the legislative and executive powers of the People, exercised respectively by Parliament and the President.