General Sarath Fonseka v. Dhammika Kitulgoda et al – CA WRIT/89/2015-2015

In the case between General Sarath Fonseka and respondents including the Secretary-General of Parliament and the Commissioner of Elections, the court addressed whether the presidential grant of a “free pardon” to the petitioner retrospectively invalidates the vacation of his parliamentary seat and subsequent appointments. It was held that a presidential pardon does not operate retrospectively to nullify prior lawful acts performed under Article 66, 89, 91 of the Constitution and the Parliamentary Elections Act. The principle reaffirmed is that once a parliamentary vacancy is validly declared and filled due to legal disqualification, a subsequent pardon may only operate prospectively and cannot undo completed official actions. The decision relied on the interpretation of constitutional prov