හැංගුනා නොවේ ස්වාමීණි ආරණ්‍යයේ සිග්නල් නොතිබූ නිසා වරෙන්තු දැනගත්තෙ නෑ

The Court of Appeal today (05) ordered the police to hand over Venerable Galagodaaththe Gnanasara Thero, who was convicted of contempt of court and sentenced to imprisonment, to the Commissioner General of Prisons to serve the remainder of his sentence. This case was considered today before the Court of Appeal bench comprising Justices Mayadunne Corea and Lakmali Karunanayake.

In 2018, he was sentenced to nineteen years of imprisonment, to be served within six years, for contempt of court through a statement made at the Homagama Magistrate's Court on January 03, 2016. Subsequently, after the Supreme Court recently nullified the presidential pardon granted by former President Maithripala Sirisena, this case was called based on a motion filed by the Attorney General.

Due to Gnanasara Thero's non-appearance in court in response to the summons issued based on that motion, the court first issued an arrest warrant, then an open warrant for arrest on sight, and a travel ban by informing the Controller of Immigration and Emigration.

Appearing in court today on behalf of Gnanasara Thero, lawyer Sudath Jayasundara, along with lawyer Iresh Seneviratne, stated that the Thero never evaded court or fled, but had gone to the Thiniyawala Aranya Senasanaya (forest monastery) on the advice of the chief monks of his sect. He further informed the court that due to the lack of mobile phone signals at that location, he was unable to contact his senior counsel, President's Counsel Anura Meddegoda, and be informed about court orders. The lawyer also presented a medical report indicating that Gnanasara Thero was unwell, and made these submissions on behalf of his client.

"Your Honor, the respondent Thero had a mental breakdown and became ill in the past few days. Subsequently, on the advice of the chief monks, he stayed at a forest monastery. He stayed there to get mental rest. There was no intention on his part to evade the court."

Court - "Then why did the respondent not provide the necessary instructions to the lawyers?"

Lawyer - "Your Honor, the phone signal (Signal) at the place where the respondent Thero was staying was weak. That is why it was not possible to contact the lawyers and give instructions. Your Honor, I wish to make submissions to the court regarding the safety of the respondent Gnanasara Thero. The Presidential Commission of Inquiry report, which investigated the Easter Sunday terrorist attacks, also stated that he should be provided with the necessary security. Therefore, I request that an order be issued to the prison authorities to take steps to provide him with the necessary security within the prison.

In addition, I request that orders be issued regarding the provision of necessary medical treatment to Gnanasara Thero."

Deputy Solicitor General Rajitha Perera, appearing on behalf of the Attorney General with Senior State Counsel Sajith Bandara, made the following statement to the court.

"Your Honor, in 2018, the Court of Appeal sentenced the respondent Gnanasara Thero to imprisonment for contempt of court. Subsequently, on May 23, 2019, the President granted him a pardon. However, the Supreme Court, having heard the fundamental rights petitions challenging that presidential pardon, ruled on September 10 that the pardon granted to the respondent Thero was null and void in the eyes of the law. Accordingly, we proceeded to file this motion. At this juncture, we request the court to issue the necessary orders to implement the remaining period of the prison sentence imposed on Gnanasara Thero."

Lawyer Sudath Jayasundara - 'Your Honor, I request permission for my client, the Thero, to make a brief submission to the court.'

Bench of Judges - A lawyer has already made submissions on behalf of the respondent Thero. Therefore, that request cannot be granted.

In 2018, the Court of Appeal sentenced Gnanasara Thero, who was convicted of contempt of court for making a statement without permission at the Homagama Magistrate's Court on January 03, 2016, to 19 years of imprisonment, to be served within six years. Subsequently, former President Maithripala Sirisena granted him a presidential pardon after 7 months. However, after hearing the fundamental rights petitions challenging that pardon, the Supreme Court nullified the presidential pardon. Accordingly, the Thero was taken for imprisonment for the remaining 5 years and 5 months.