Colombo, Oct. 15 (Daily Mirror) - The petitioner who filed a Fundamental Rights petition challenging the removal of the robes of Bodu Bala Sena General Secretary Ven. Galagoda Aththe Gnanasara Thera today appeared before the Supreme Court dressed in Sil Anduma, the traditional white attire worn by Sri Lankan Buddhists when observing religious precepts, and brought three sets of Dhamma books for the reference of the three judges hearing the case.
The petitioner, Shantha Jayathilaka, a retired Air Force officer, brought these books for the further reading of the judges, saying that a comprehensive understanding of Buddhist teachings and the disciplinary rules applicable to Buddhist monks was important when considering the issue.
The matter was taken up before a three-judge bench comprising Chief Justice Preethi Padman Surasena and Justices Mahinda Samayawardena and Sampath Wijeratne.
Chief Justice: Mr. Jayathilaka, it appears that you have spent a considerable amount of money purchasing these books. Since you are not an attorney-at-law, you may not be aware that there is an established procedure for submitting documents relevant to a case before court.
Petitioner: My Lords, I am a pensioner, and I spent my pension money on purchasing these books. The amount of money does not matter for my purpose.
At this point, State Counsel Chrisanga Fernando, appearing for the Attorney General, informed the Court that a committee appointed by the Government had recommended amendments to the prison rules to address the grievances raised by the petitioner.
Chief Justice: Your grievances are being addressed by the Government. We will give you a date to ascertain the developments.
Petitioner: My Lords, I did not file this application alleging a violation of Gnanasara Thera’s Fundamental Rights. I instituted this action because my rights as a Buddhist were violated after I saw Gnanasara Thera being disrobed and produced before court in violation of the law and Constitutional provisions. The removal of the Buddhist robe in this manner violates my rights as a Buddhist.
In this application, the petitioner has named the Commissioner General of Prisons, the Secretary to the Ministry of Justice and the Attorney General as respondents.
The State Counsel subsequently sought further time to obtain instructions from the Commissioner General of Prisons and the Secretary to the Ministry of Justice.
Having considered the submissions, the Supreme Court fixed the matter for January 14 to consider further developments.
In his application before the Supreme Court, the petitioner has further sought an order directing prison authorities to take the necessary steps to produce the Thera clad in his bhikkhu robes.
The petitioner is further seeking a declaration that the decision to remove Ven. Gnanasara Thera’s robes and produce him before the court in prison attire violates the fundamental rights guaranteed under Articles 10, 12(1) and 14(1)(e) of the Constitution.
The petitioner stated that Article 9 of the Constitution stipulates that the State shall protect and foster Buddhism while giving it the foremost place.
The petitioner further stated that Prison Standing Order 550 clearly stipulates that, prior to conviction, an individual must be permitted to wear clothing corresponding to the style of dress he previously used.
The petition also states that, according to Buddhist disciplinary rules, a monk’s status as a monk is not revoked merely because he has been found guilty of a secular criminal offence.
