A Presidential Pardon cannot be challenged in Court – AG

The Attorney General informed the Supreme Court yesterday (17) that the power vested with an Executive President to grant a Presidential Pardon to a convict cannot be challenged under Fundamental Rights.

Additional Solicitor General Nerin Pulle, who appeared on behalf of the Attorney General, stated this when a Fundamental Rights petition filed against the presidential pardon given to Jude Shramantha Jayamaha, who was convicted in the Royal Park murder incident, was taken up in courts.

He said that the Executive President of the country has the unique power to grant a Presidential pardon to a convict who has been sentenced for a criminal offence by the court He added that it is a unique power given by the Constitution of this country.

He also mentioned that granting a Presidential Pardon to a person convicted by court is not an interference in the judicial process.He stated that the executive president is appointed by the people of this country and he exercises the sovereign power of the people.

The Additional Solicitor General noted that the granting of a Presidential Pardon is an exercise of such discretionary power and cannot be challenged under an executive or administrative process.

He also pointed out that this Presidential Pardon can only be granted in the case of a criminal offence.