Hirunika Eranjali Premachandra vs. Hon. Attorney General (Duminda Silva case) – SC FR APPLICATION NO. 221/2021-2024

In the joined fundamental rights applications between Petitioners including Hirunika Eranjali Premachandra, Sumana Premachandra, and H. Ghazali Hussain, and Respondents comprising the Hon. Attorney General, former President Gotabaya Rajapaksa, Arumadura Lawrence Romelo Duminda Silva, and other officials, the Supreme Court addressed whether the presidential pardon granted to Duminda Silva contravened Article 12(1) of the Constitution (equality before the law) and violated due process requirements under Article 34 and relevant victim protection statutes. It was held that the grant of pardon was arbitrary, procedurally defective, and failed to comply with both constitutional and statutory mandates, including lack of transparency, insufficient reasoning, and neglect of victims’ rights. The cou