The Pulseline News Desk
A Colombo High Court judge has observed that the court has no authority to order the reinstatement of the robe of Bodu Bala Sena General Secretary Ven. Galagoda Aththe Gnanasara Thera, which was removed by prison officials.
High Court Judge Buddhika C. Ragala has made the observation when a case against Gnanasara Thera over allegedly derogatory remarks about Islam was taken up on Friday (23).
Appearing for the Buddhist monk, Senior Counsel Asoka Weerasooriya has told court that the Kotte Mahanayake Thera had previously written to prison authorities requesting that the robe be ceremonially reinstated in accordance with Buddhist religious traditions without violating prison regulations.
However, the counsel has said prison authorities had not responded to the request.
Although he was not a Buddhist, Weerasooriya has argued that the request was reasonable in the context of Buddhist religious practices. He has also stated that his client was not an organised criminal.
Responding to the submission, Judge Ragala has said the court could not issue an order concerning the reinstatement of the robe.
The judge has also questioned the implications of granting such relief, noting that numerous Buddhist monks were serving prison sentences for various offences.
He has asked whether accepting the request would mean that Mahanayake Theras would have to robe all Buddhist monks serving prison sentences before they were produced in court for further proceedings.
The court was also informed that prison authorities had filed a motion two days earlier requesting that Gnanasara Thera be produced electronically because of tensions arising from the incident and concerns over possible disturbances.
The accused was subsequently produced before the court through a WhatsApp video call, as the necessary electronic equipment for the proceedings could not be obtained.
Court seeks submissions on possible plea agreement
During the proceedings, the judge has directed the parties to make submissions at the next hearing on the possibility of reaching a plea agreement under the Code of Criminal Procedure (Amendment) Act No. 50 of 2024.
The case was scheduled to be recalled on January 29, 2027.
The Attorney General had instituted proceedings against Gnanasara Thera under the Penal Code over remarks allegedly insulting the Islamic religion and concerning the Holy Quran.
Senior Counsel Weerasooriya, along with counsel Sanjay Marabe and Pasan Karunarathna, had appeared for the accused, while State Counsel Supun Ranasinghe had represented the Attorney General.
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