Image: Ganasara in his heyday!
The Supreme Court has ruled that the presidential pardon granted in 2019 by former President Maithripala Sirisena to Bodu Bala Sena General Secretary Venerable Galagoda Aththe Gnanasara Thero is invalid. Gnanasara Thero had been sentenced to prison on charges of contempt of court.
The ruling was delivered after considering Fundamental Rights petitions filed by Ms. Sandhya Eknaligoda, wife of missing journalist Prageeth Eknaligoda, and the Centre for Policy Alternatives. Both petitions challenged the legality of the presidential pardon.
The case stems from an incident at the Homagama Magistrate’s Court on January 25, 2016, during hearings related to the disappearance of Prageeth Eknaligoda. Gnanasara Thero was charged with contempt of court for disorderly conduct inside the court premises, obstructing proceedings, and showing disrespect toward lawyers and the State Counsel.
On August 8, 2018, the Court of Appeal found him guilty on four counts and sentenced him to six years of rigorous imprisonment, to be served concurrently over six years. The Supreme Court later dismissed his appeal against that decision.
However, on May 23, 2019, then-President Sirisena granted Gnanasara Thero a presidential pardon, leading to his release from prison. At the time, the decision drew strong criticism from the legal profession and civil society organizations, who argued that the pardon undermined judicial independence and accountability.