Colombo, Oct. 19 (Daily Mirror) - Former President Maithripala Sirisena has apologised to the Maha Sangha over a technical error in the documentation relating to the presidential pardon granted to Ven. Galaboda Aththe Gnanasara Thera, saying the failure to obtain the required approval from the Ministry of Justice and Prisons during his tenure was his responsibility.
In a statement issued on October 19, Sirisena said the relevant files had not been forwarded to the ministry for approval, although the Additional Senior Secretary in charge of the Legal Division at the Presidential Secretariat had informed him that the two cases against the Thera should be referred to the ministry.
“As a result, only my signature was obtained without the approval of the aforementioned ministry. That was a failure on my part,” he said.
Sirisena said he had issued the clarification after studying a copy of the court ruling available on the internet, following inquiries from members of the Maha Sangha, journalists and others about the technical error cited in the decision to re-imprison Gnanasara Thera.
He said the ruling referred to a technical error in the documents submitted by the Presidential Secretariat as one of the reasons for the court’s decision, adding that he respected the court’s ruling.
The former President identified two cases against Gnanasara Thera at the Homagama Magistrate’s Court, including case No. B 7417/10 relating to obstruction of court proceedings and contempt of court under Article 105 of the Constitution, as well as another case numbered 40042.
According to Sirisena, the legal division of the Presidential Secretariat had advised that both cases be referred to the Ministry of Justice and Prisons for approval before a pardon was granted. However, the required referral was not made.
He said the court proceedings leading to the decision had followed a case filed by Sandhya Ekneligoda, through a non-governmental organisation associated with Pakiasothy Saravanamuttu.
Sirisena said the failure by officials at the Presidential Secretariat during his tenure had contributed to the circumstances under which Gnanasara Thera was imprisoned again.
Although the lapse had occurred during his presidency, he apologised to the Maha Sangha for the mistake, stating that he considered it necessary to clarify the circumstances surrounding the matter.
