Gardihewa Sarath Chandralal Fonseka v. Lieutenant General Jagath Jayasuriya et al. – SC SPL/LA CASE NO: 11/2012-2012

In the case between Gardihewa Sarath Chandralal Fonseka (Petitioner) and Lieutenant General Jagath Jayasuriya along with other senior military and government officials (Respondents), the Supreme Court addressed whether the Petitioner, who was serving a sentence, should continue to do so in view of a Presidential order issued under Article 34 of the Constitution. It was determined that, subsequent to the Presidential order, the Petitioner was no longer required to serve the sentence. In light of this development and there being no objection from the Respondents, the proceedings before the Supreme Court were terminated. This outcome reaffirms the principle that a Presidential order of pardon or remission under Article 34 supersedes the execution of sentence, and the judiciary must give effec