Executive power must be exercised in the public interest - Supreme Court

The Supreme Court has invalidated the presidential pardon granted to Bodu Bala Sena General Secretary Venerable Galagoda Atte Gnanasara Thera by former President Maithripala Sirisena, stressing that executive power is held in trust and must be exercised in the public interest. Delivering the judgment, Justice Janak De Silva observed that a presidential pardon is a constitutional power derived from the sovereignty of the People, rather than a private act of grace used for personal, political, or self-serving interests.

The court highlighted that neither the Presidential Secretariat records nor former President Maithripala Sirisena's affidavit provided any reasons for granting the pardon. Justice Janak De Silva stressed that the President must remain accountable and furnish reasons for constitutional decisions, which is essential to ensure executive powers stay within constitutional limits and remain subject to effective judicial scrutiny.

The judgment further noted that while presidents previously enjoyed immunity, the Nineteenth Amendment to the Constitution removed this protection and rendered presidential acts justiciable. Reaffirming constitutional checks, the court declared that the judiciary exercises the judicial power of the People to maintain oversight over both the executive and legislative branches.