By The Pulseline News Desk
The legal battle over the prison sentence imposed on Ven. Galagoda Aththe Gnanasara Thera returned to the Court of Appeal today (29), with the Attorney General seeking an order to enforce the sentence following the revocation of the presidential pardon previously granted to the monk.
An Attorney General’s Department motion seeking such an order was taken up before the Court of Appeal today before Justices Mayadunne Corea and Lakmali Karunanayake.
During the proceedings, State Counsel Sajith Bandara, appearing for the Attorney General, has told court that the matter related to a criminal case and requested that a warrant be issued if the accused failed to appear before court.
Appearing for Gnanasara Thera, President’s Counsel Anura Meddegoda has informed court that the Thera was resting due to an illness. He has also sought additional time to study the Attorney General’s motion and prepare submissions.
Following the submissions, the Court of Appeal has issued a warrant for the arrest of Ven. Gnanasara Thera and has ordered that he be produced before court.
The warrant was directed to be executed through the Inspector General of Police.
The Court has further ordered that Gnanasara Thera be produced before the Court of Appeal on October 1.
Gnanasara Thera was not present in court when the matter was called.
From presidential pardon to enforcement
The latest proceedings mark another stage in a case that has attracted considerable public and political attention, particularly because it involves the exercise and subsequent revocation of presidential clemency.
The development follows the revocation of the presidential pardon granted to Gnanasara Thera, bringing the original prison sentence back into focus and raising the immediate legal question of how that sentence is to be enforced.
The Attorney General’s move effectively placed the question of enforcement before the appellate court, while the Thera’s counsel sought an opportunity to respond to the motion before substantive arguments were made.
The issuance of the arrest warrant now moves the matter beyond the question of whether the sentence should be enforced, with the court directing the police to secure the Thera’s presence before the court.
The Court of Appeal is due to take up the matter again on October 1, when Gnanasara Thera is to be produced before the court.
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