‘Lucky criminals’

The Island editorial on 26 Oct.2022 titled “Lucky criminals” was eye catching, as the Constitution of Sri Lanka itself permits the Executive to free criminals as he so wishes. The Executive will decide whom to be freed out the large number of convicts in prison. The exact legitimate purpose of this facility made available to the Presidents of this country could not be ascertained through the little bit of logical reasoning and principles of natural justice that I could think of.

The latest lucky criminals to walk out of the prison on receiving presidential pardon were three LTTE members who were convicted and jailed for conspiring to assassinate Chandrika Bandaranaike Kumaratunga when she was the President and another three LTTE members who had carried out heinous crimes against people and countless political assassinations, and had been convicted for the same.

In Sri Lankan courts, the process of mitigation is long-drawn-out and it takes years in general for a case to end up with the final decision to convict or free the criminal. If the man hours of various personnel spent on this long process alone are accounted for, it would add up to a substantial amount. In addition, freeing a convicted criminal means that it amounts to a slap in the face of the judges who were involved in giving the judgment after hearing all the arguments put forward and making their own assessment upon consideration of all facts as per the law. It also ridicules the whole judicial process per se as the Presidential wish will override its outcome and pardon convicts. Moreover, through this constitutional provision, the President is allowed to pardon convicts for any crime, from murder downwards. There are instances where such pardon has been granted to convicts of murder, whose death sentences had been confirmed by the appeal court. All Presidents of Sri Lanka, except President D. B. Wijetunga have availed of the constitutional provision for presidential pardon.

Basic reasoning with regard to the relevance if any, and the adverse impacts of the constitutional provision for presidential pardon will point to the futility of the same and the consequent need for it to be taken off the Constitution. Quite rightly, the Editorial under reference says, “Let a constitutional amendment be brought in to prevent the Executive from making a mockery of the justice system”. Let us hope that saner counsel will prevail at least for once in the Parliament of Sri Lanka, for a suitable amendment to be brought forth to set this right.

BEDGAR PERERA
bedgarperera@gmail.com