Supreme Court to Hear Fundamental Rights Petition Filed by Gnanasara Thera Against Two Homagama Police Officials on March 17&18

Posted by on

By Chitra Weerarathne

The fundamental rights violation petition filed by Ven. Galagodaatte Gnanasara thera against two police officers of Homagama police station and the IGP will be called before the Supreme Court on March 17 and 18, 2016.

The respondents cited in the petition are officer-in-charge of miscellaneous complaints of Homagama police, Inspector Wijeratne, Headquarters Inspector of Homagama, Upul Hewage, the IGP and the Attorney General.

The petitioner has said that the police on Jan. 26, 2016 arrested the petitioner on a complaint of an alleged abuse, made by Sandya Ekneligoda, while she was leaving the Homagama Magistrate’s Court. A ‘B-report’ was filed by the police.

The petitioner was produced before the Homagama Magistrate on Jan. 26, 2016 and remanded till Feb. 9, 2016. Subsequently, two witnesses from the CID Shani Abeysekera and Udaya had given statements, affirming that the thera had told Sandya Ekneligoda, that ‘Umbe Miniha Mala. Umba than Hingakapan’. Consequently, a second and third ‘B-reports’ were filed alleging that the petitioner had committed an offence under Section 486 of the Penal Code.

On Feb. 9, 2016 the petitioner was remanded till Feb. 16, 2016. Then on Feb. 16, 2016 the petitioner was re-remanded till Feb. 23, 2016.

The petitioner said that the Magistrate had not considered the issue whether the petitioner had committed an offence under the Penal Code when the latter was remanded. The Judicial Act was bad in law.

Hence the state was liable for the injustice the petitioner had been subjected to. The public offence had subjected the petitioner to unfair treatment, an illegal arrest and a denial of the right to expression and the denial of the right to think.

The petitioner’s version had not been duly considered by the respondent police officers.

The petition alleged a violation of Articles 12(1), 13(1), 14(1) and Articles 9 and 10 by the respondents and requested the court to declare the same.

President’s Counsel Manohara de Silva will support the petition. The instructing attorney is Anusha Perusinghe.

Courtesy:The Island