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. Galagoda Aththe Gnanasara Thera.
In a statement issued today (19), Sirisena said the required approval from the Ministry of Justice and Prisons had not been obtained before the pardon was granted, accepting responsibility for the lapse during his tenure.
He explained that the relevant files had not been forwarded to the Ministry for approval, despite the Additional Senior Secretary in charge of the Legal Division at the Presidential Secretariat informing him that the two cases against Gnanasara 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,” Sirisena said.
Sirisena said he issued the clarification after studying a copy of the court ruling available online and following inquiries from members of the Maha Sangha, journalists and others regarding the technical error cited in the decision to re-imprison Gnanasara Thera.
He said the court ruling referred to an error in the documents submitted by the Presidential Secretariat as one of the reasons for the decision, adding that he respected the court’s ruling.
The former President identified two cases against Gnanasara Thera before 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 Presidential Secretariat’s Legal Division 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.
Sirisena said the proceedings leading to the court’s decision stemmed from a case filed by Sandhya Ekneligoda through a non-governmental organisation associated with Pakiasothy Saravanamuttu.
He acknowledged that the failure by officials at the Presidential Secretariat during his tenure had contributed to the circumstances that resulted in Gnanasara Thera being imprisoned again.
Although the lapse occurred during his presidency, Sirisena apologised to the Maha Sangha for the mistake, saying he considered it necessary to clarify the circumstances surrounding the matter.
