By Bhagya Silva
Colombo, Oct. 23 (Daily Mirror) - Colombo High Court Judge Buddhika C. Ragala today observed that the court had no authority to issue an order regarding the reinstatement of the robe of Bodu Bala Sena General Secretary Ven. Galagoda Aththe Gnanasara Thera, which was removed by prison officials.
The observation was made when the case filed against Gnanasara Thera over allegedly making derogatory remarks about Islam was taken up before the High Court.
Appearing for the accused, Senior Counsel Asoka Weerasooriya submitted that the Kotte Mahanayake Thera had made a prior written request to prison authorities seeking the ceremonial reinstatement of the robe in accordance with Buddhist traditions, without violating prison regulations. However, he said the prison authorities had not responded to the request.
“Although I am not a Buddhist, this is a reasonable request from the perspective of Buddhist religious practices. My client is not an organised criminal,” the counsel submitted.
The Judge observed that prison authorities had informed court through a motion filed two days earlier that the accused would be produced before court via electronic means due to the tense situation arising from the incident and concerns over possible disturbances.
The accused was accordingly produced before court via a WhatsApp video call, as the necessary electronic equipment required for the proceedings could not be obtained.
Questioning the relief sought by the defence, the Judge said the court could not issue an order concerning the reinstatement of the robe. The Judge also pointed out that a large number of Buddhist monks serving prison sentences would be affected if such a request were to be considered as a basis for similar arrangements.
“There are many other Buddhist monks serving prison sentences for various offences. Would that mean that all those monks would have to be robed by the Mahanayake Theras before being produced in court for further proceedings?”
The court further directed the parties to make submissions on the next hearing date regarding the possibility of reaching a plea agreement under the Code of Criminal Procedure (Amendment) Act No. 50 of 2024.
The case was ordered to be recalled on January 29.
The Attorney General had filed the case against Gnanasara Thera under the Penal Code, alleging that remarks he made concerning the Holy Quran had insulted the Islamic religion.
Senior Counsel Asoka Weerasooriya, together with counsel Sanjay Marabe, Pasan Karunarathna, appeared for the accused, while the Attorney General was represented by State Counsel Supun Ranasinghe.