The Supreme Court yesterday fixed for support, a Fundamental Rights Petition filed by Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Atte Gnanasara Thera who sought a declaration that the order given by the Homagama Magistrate to keep him in remand custody in 2016 is unlawful and is a violation of his Fundamental Rights guaranteed in the constitution. Accordingly, the petition will be taken up for support on July 2.
The Supreme Court Bench comprised Chief Justice Priyasad Dep and Justice Murdu Fernando.
President’s Counsel Manohara de Silva appearing on behalf of Ven.Gnanasara Thera informed court that his client had been sentenced over this incident and already filed an appeal against the conversation. Mr.Silva further informed he has not received instructions from Gnanasara Thera regarding future action over the petition.
In his petition, Gnanasara Thera maintained that the statement made by him when getting ready to leave Court on January 25, 2016 addressing complainant Sandhya Ekneligoda can in no way amount to be a threat made to injure a person or her reputation, nor can it be said that the statement so made would cause alarm to a person.
The petitioner stated that on a complaint by Sandhya Ekneligoda on January 25, 2016 to Homagama police, the first respondent, OIC Miscellaneous Complaints had arrested him and produced him before the Homagama Magistrate’s Court on January 26.
Ven.Gnanasara Thera stated that complainant Sandhya Ekneligoda after attending the Magistrate’s Court was getting ready to leave Court when he told her ‘Thoge miniha LTTE karayek uu malane, tho hingakapiya’.
The petitioner stated that Police alleged that he had committed an offence under Section 486 of the Penal Code.
He said upon being produced, the petitioner was remanded by the Magistrate until February 9 and then he was remanded till February 10, 2016.
He stated that Police further alleged that he had committed offences under section 8 (1) (a) of Assistance to Protection of Victims of Crimes and Witnesses Act of No.4 of 20.
He said he was ordered to be further remanded till February 23. The petitioner maintained that there was no justifiable reason for the Magistrate to make an order of remand with the statement so made in as much as such statement does not constitute an offence under section 483 of the Penal Code and Section 8 (1) (a) of Assistance to Protection of Victims of Crimes and Witnesses Act.
President’s Counsel Manohara de Silva appeared for Gnanasara Thera.
Additional Solicitor General Yasantha Kodagoda appeared for the Attorney General.
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