Pardon - only by our President

It is only the President of the Democratic Socialist Republic of Sri Lanka could pardon a convict. Neither American President nor the United Nations Secretary General does have such prerogation, said Dr. Prathibha Mahanamahewa, Dean, Faculty of Law, Kotelawala Defence Academy in an interview with our sister paper, Silumina.

Referring to the ten-million signature petition to the United Nations Secretary General, he queried whether it is an attempt to invoke foreign jurisdiction when there is the Supreme Court of Sri Lanka, the island's highest tribunal to dispense justice to its citizens.

Such a public petition even if it is addressed to the Human Rights body in Geneva or the Hague's International Criminal Court or even the American President has no validity.

Regretting Ranil Wickremesinghe's statement in this connection on Sri Lanka's judicial system, Mahanamahewa questioned whether he hopes to destroy Sri Lanka's sovereignty by invoking foreign jurisdiction as previously enjoyed by Britian's Privy Council.

He said today everybody wants to go to Geneva. It was reported that the president of the Private Bus Operators Association too wanted to do so. The United Nations Covenant on Civil and Political Rights has become part of Sri Lanka's law.

The Geneva-based human rights body does not entertain complaints on violation of political or human rights directly. It has first to be heard by the High Courts and the aggrieved parties could thereafter appeal to the Supreme Court in accordance with the provision of UN's Civil and Political Rights Covenant. He also said that the present trend by certain elements of taking law into their hands portends danger.Any injustice could be rectified by taking recourse to law. Burning tyres or causing damage to police property brings no justice.

There should be freedom for passive resistance such as satyagraha or protest marches, he said.