SC extends interim order against carrying out death penalty

The Supreme Court has extended the interim order preventing the implementation of death penalty till the 10th of October, says Ada Derana reporter.

The petitions lodged against the implementation of the death penalty were called up before the Supreme Court Justices Buwaneka Aluvihare, S. Thurairajah and Gamini Amarasekara this morning (29).

Attorneys representing the petitioners requested the judge bench to proceed with the hearing of the petitions as an interim order against the death penalty has already been delivered.

Deputy Solicitor General Nerin Pulle, on behalf of the Attorney General, citing the Constitution, maintained that the Supreme Court does not have the jurisdiction to hear these petitions.

Attorney-at-Law M.A. Sumanthiran, who represented the petitioners, defended that the Supreme Court has the jurisdiction to hear the petitions as it has already issued an interim order in this regard.

The Bar Association of Sri Lanka (BASL)’s attorney Shaveendra Fernando requested the judge bench to hear the petitions before a seven-judge bench and to direct this request to the Chief Justice’s attention.

The Supreme Court then ordered to take up the petitions again on the 9th of December while extending the interim order against the death penalty until December 10th.

Eleven Fundamental Rights (FR) petitions and a Writ petition were filed with the Supreme Court in between June and July this year, against carrying out the death penalty. The FR petitions were filed by the Centre for Policy Alternatives, Professor C. Gunaratne, Dr K. Senaratne, Venerable Galkande Dhammananda Thera and the attorneys of several death row inmates at the Welikada Prison. The Writ petition was lodged by journalist Malinda Seneviratne.

On July 5th, the Supreme Court delivered an interim order preventing the implementation of the death penalty until the 30th of October.

However, on August 20, Deputy Speaker Ananda Kumarasiri informed the Parliament that the Supreme Court had rejected 3 of the petitions submitted against the implementation of the death penalty.

Claiming that implementation of the death penalty is a violation of basic human rights, the petitioners have pointed out the President’s decision to impose capital punishment only on the inmates convicted for drug trafficking is also a violation of Article 12 (1) of the Constitution which ensures that all persons are equal before the law and are entitled to the equal protection of the law.

Accordingly, the petitioners request the Supreme Court to issue an order preventing the implementation of the death penalty.