By

Megara Tegal

The Supreme Court, last week, reprimanded the police on their failure to file a case against those accused of attacking a church in Weeraketiya on 9 December 2012. The judges went on to suggest that disciplinary action should be taken against police officers who do not do their duty. The Supreme Court further ordered the area police chief and all other relevant police officers connected to the attack on the church at Weeraketiya appear in court on 3 April .

Just over a year has passed since the case was filed, following one of the most violent hate-crimes against a religious institution in the recent years. The attack on the Jeewan Alokaya Church in Weeraketiya in December 2012 left the building unusable and the Pastor, Pradeep Kumara, injured, having been assaulted with a rock.

A fundamental rights case was filed and it was only earlier last week, Tuesday (21), that the counsel was granted leave to proceed, after the case was called in the Supreme Court. The case is to proceed based on the Freedom of Speech and Expression, Article 14 (1) (a) and the Right to Equality, Article 12 (1) of the Constitution of Sri Lanka, by which every citizen is equal before the law and is entitled to the protection of the law, and Article 12 (2) by which no citizen can be discriminated against.

Brutal attack

The attack on the Jeewan Alokaya Church was one of the most brutal religious hate-crimes in Sri Lanka, within the context of rising intolerance of minority religions. A large mob said to have been lead by Sinhala Ravaya Buddhist monks stormed the church, vandalizing the building- damaging much of the church property, including furniture and equipment.

Vehicles parked at the church premises were damaged, and the Pastor Pradeep Kumara sustained severe injuries having been assaulted with a rock by the transgressors. It is reported that the mob also assaulted two of the police officers when they attempted to stop them. The National Christian Evangelical Alliance of Sri Lanka reported at the time that Police re-enforcements as well as army soldiers were deployed to control the mob, after two police officers were attacked.

“The mob that attacked us said that since this is a Sinhala Buddhist country, other places of worship cannot be built as people of the majority religion may accept a different faith”, explained Pastor Pradeep Kumara. “The monks also accused us of not having been registered with the Ministry of Buddha Sasana and Religious Affairs”.

Describing the attacks Pastor Kumara said, “The monks hit me with rocks, bibles were burned, rocks were thrown into windows and much of the furniture was damaged”. He added the damage to the church was to such a degree that it is no longer in use.

The harassment and violence did not end there. On 18 March 2013, after the fundamental rights case was filed, Pastor Kumara’s wife was assaulted by a gang during which her eye was injured. The assailants had threatened to kill her if they went ahead with the case. The Pastor and his family decided to go ahead with the case, despite the constant threat to their lives.

Pastor Kumara informed The Sunday Leader that court sessions were held once every two months since the case was filed, but said the case was drawn out, as they were not granted leave to proceed by the Supreme Court, till last week.

Police inaction

It was only last Tuesday that the court had granted leave for the case, which is against the State, due to the inaction of the police in protecting those who were attacked on 9 December 2012 at the Jeewan Alokaya Church, stated Chrismaal Warnasuriya, Attorney-at-Law and counsel for the case. Warnasuriya explained that Article 14 of the Constitution was cited, as one of the allegation leveled against the church was the use of unorthodox musical instruments.

Article 12 was cited as “the police did not provide the protection that was due to them as per the Constitution of country”, he elaborated.

Police inaction has become a growing concern as religious institutions, churches and mosques have been attacked over the past few years. The police have failed to make arrests of mob members and Buddhists monks. Two weeks ago, the Galle Magistrate ordered the immediate arrest of the Buddhist monks and mob members who attacked a Church in Hikkaduwa; their arrest is yet to be made.

When asked what the police have to say regarding the inaction of the police in upholding Article 12 of the Constitution, Spokesperson, Senior Superintendent of Police Ajith Rohana, said that the court will decide if there is truth to the statement.

Public opinion

However, the inertia of the police with regard to hate-crimes against religious institutions has become public opinion. Last week a statement was signed by several notable members of the public, and organizations, “condemning the continued attacks on religious places of worship by Buddhist extremist mobs, the inaction of the police and the silence of the mainstream religions and the mass media”.

Concerning the police, the statement reads “we are very disturbed to see continued Police inaction and delays in responding to incidents of racist mob violence, which is a clear indication of State complicity […]”.
The Muslim Council of Sri Lanka, in an open letter to President Mahinda Rajapaksa, urged the President to ensure that the law enforcement authorities effectively do their duty.

The letter requests that the President “…order[s] the law enforcement agencies to rein-in these mobs that infringe on the peoples fundamental right to worship. Should there be any breach of law by any individual or groups, we kindly urge that due process is followed and necessary legal action is taken without letting individuals or religious groups take the law in to their own hand.”
Mainstream religions and media criticized

The statement by the public—which is to be handed over to the President, Mahinda Rajapaksa, the Ministry of Buddha Sasana and Religious Affairs and the Inspector General of Police—further identifies the passivity of mainstream religions and the media. The statement criticizes religious institutions for not speaking out on the growing number of act of violence against religious places of worship, as well as several mainstream media organization, for their lack of reporting on these incidents.

The statement further mentions that last year roughly 330 places of worship were attacked by extremist groups. “Between January to September 2013, 227 attacks against Muslim places of worship and other institutions have been recorded, and in the year 2013, 103 cases of attacks on Christian Churches and Pastors have been recorded. During the same period many Hindu temples too were attacked. The actual number of incidents is much higher than reported, as many incidents remain unreported, due to fear of reprisal and the lack of confidence in law enforcement agencies.

“We urge all communities to respect the religious beliefs and constitutionally guaranteed rights of freedom of assembly in the act of worship of their fellow citizens and not to be misled by the bigoted propaganda of hate groups”. The statements further reads.
COURTESY:THE SUNDAY LEADER