"Lord, it is the preparation of the Kathina robe that is happening these days" - Court report of the Satyagraha motion

Colombo Chief Magistrate Asanga S. Bodaragama yesterday (23rd) ruled that the order issued by the Colombo Chief Magistrate's Court on the 22nd, instructing the bhikkhus and others engaged in the Satyagraha at Viharamahadevi Park, Colombo, to vacate the premises, cannot be changed, and that if anything occurs against the said order, the police would be able to take legal action as necessary under the Penal Code.

Two motions were filed yesterday by the group conducting the Satyagraha at Viharamahadevi Park and by the Attorney General.

The group engaged in the Satyagraha, by filing their motion, had thus requested that steps be taken to withdraw or amend the order issued by the court the day before yesterday.

The motion filed on behalf of the Attorney General stated that warrants should be issued to arrest the group who remained in the area even after the court order issued the day before yesterday was read out.

At that time, the Magistrate rejected the request, stating that nothing had occurred at the location to warrant the issuance of arrest warrants.

President's Counsel Maithri Gunaratne, presenting the motion, stated that expressing protest is a fundamental human right.

Further presenting the motion regarding the incident, the President's Counsel stated as follows.

“Your Honor, we are staying at the Buddha statue precinct in Viharamahadevi Park. We have not caused any damage to public property. We have been here for seven consecutive days. That is a fundamental human right. Although we are here to protest, we are acting in obedience to the law.

At that time, Government Counsel Kalana Buddadasa, appearing in court on behalf of the Attorney General, stated that an order had been issued the day before yesterday under Section 106 regarding this protest.

Government Counsel Kalana Buddadasa further submitted the following to the court.

“Yesterday, an order was issued under Section 106, according to this incident. The complaint came from the Municipal Commissioner. An original copy of the complaint is also being submitted to the court. The day before yesterday, when that order was being read out, it was disrupted by playing 'pirith' through loudspeakers. The police explained the incident. Both local and foreign individuals come to this place. It is a public place. Expressing protests is indeed a fundamental right. However, these individuals have been staying here since the 16th.

“The police repeatedly stated that they cannot continuously stay at that location. Not only the Venerable Theros, but also people who offer alms in the morning and at noon come. Furthermore, these Venerable Theros are gathering various individuals for this protest through social media. One cannot obstruct others in the name of religious freedom. Long-term presence at these locations could lead to other political and public disturbances.

The Magistrate

Has permission been obtained from the Colombo Municipal Council for the use of those loudspeakers?

The Government Counsel –

“No, Your Honor. A 'Mahasohon Yagaya' (ritual) was also performed at that location. Such activities cause distress to the public.

The Magistrate-

The order I issued yesterday states not to remain continuously and not to damage public property.”

President's Counsel Maithri Gunaratne, appearing on behalf of the protesters-

“We are performing rituals and offerings. The Mahasohon Yagaya is also part of our culture. We are staying at the Buddha statue precinct. Allow us to protest while staying there.

The Magistrate

For how many more days will this protest continue?

President's Counsel Maithri Gunaratne-

I don't know that, Your Honor. The Venerable Theros will decide that.

The Government Counsel, appearing on behalf of the Attorney General-

“Your Honor, this protest will never end. They say this protest is a program. If a program is being carried out, permission must be obtained from the Municipal Council that owns the jurisdiction. Even a 'thovil' (exorcism ritual) is a program. Because, Your Honor, two knives were brought to this location, and bail has been granted to those two individuals. These issues arise for the protesters themselves. Disobeying Section 105 of the Penal Code is an offense. If they had obeyed that section and then made such a request, it would be fine. Your Honor, this is contempt of court. Therefore, I request the court not to withdraw that order.

President's Counsel Maithri Gunaratne-

“Your Honor, a 'Kathina Robe' preparation is taking place these days. Please grant permission for that.

The Magistrate-

I will consider the arguments presented by both parties. I will not amend the order issued yesterday under Section 126. It states concerning damage to public property due to continuous presence. I do not know why the preparation of Kathina robes is being done at this location. If a program is being implemented, there is a person in charge of that institution. They have certain rules. Those must be enforced. I have issued this order considering public peace. Therefore, the issued order cannot be changed.

Yesterday (23rd) morning, a motion was filed before the Colombo Chief Magistrate's Court against the court order issued to the group engaged in a continuous Satyagraha at the Viharamahadevi Park premises in Colombo, demanding the release of Venerable Galagodaaththe Gnanasara Thero, who is currently serving a prison sentence, under a presidential pardon.

To report these facts, Venerable Ulapane Sumangala Thero and Venerable Balangoda Kassapa Thero, along with other bhikkhus and a group of monks, arrived at the court premises. In addition, Dr. Venerable Walawahengunawewe Dhammarathana Thero, the Chief Incumbent of Mihintale Rajamaha Viharaya, Venerable Thiniyawala Palitha Thero, and Venerable Vitharandeniye Nanda Thero also joined the occasion.