Court to hear Gnanasara Thera’s robe case as Govt moves to change prison rules

By The Pulseline News Desk

The Court of Appeal has appointed a new three-judge bench to hear petitions challenging the decision by prison authorities to remove the robes of imprisoned Bodu Bala Sena General Secretary Ven. Galagoda Aththe Gnanasara Thera, as the Government moves to revise prison regulations governing the attire of incarcerated Buddhist monks.

The new bench comprises Justices Amal Ranaraja, Mahen Gopallawa and Priyantha Fernando. Court of Appeal President Justice Rohantha Abeyesuriya appointed the bench after recusing himself from the bench that had previously been hearing the petitions.

The legal challenge comes amid conflicting claims over the treatment of Gnanasara Thera while in custody and a separate administrative review of prison regulations governing Buddhist monks.

Justice Minister Harshana Nanayakkara said on Wednesday (14) that a special committee appointed to review prison regulations had recommended in its interim report that imprisoned Buddhist monks be permitted to wear their robes when taken outside prison facilities.

The Minister said a monk should be entitled to wear his robes unless the relevant Buddhist Chapter decided otherwise.

Under proposed amendments to Standing Order 356, the Commissioner General of Prisons would be given 10 days to decide whether a Buddhist monk should be required to remove his robes upon imprisonment, following consultations with the Department of Buddhist Affairs.

Nanayakkara said the Acting Commissioner General of Prisons had been instructed to amend the Standing Orders under the Prisons Ordinance in accordance with the committee’s recommendations.

The committee, appointed to review and update the rules, regulations and standing orders under the Prisons Ordinance, submitted its interim report to Secretary to the President Nandika Sanath Kumanayake on Wednesday (14).

The recommendations follow allegations that Gnanasara Thera had been compelled to wear prison clothing despite objections from the monk and prison officers.

Speaking at a media briefing in Colombo, Prisons Spokesman and Commissioner of Prisons Senaka Pallewatta rejected claims that the robes of imprisoned clergy members had been improperly removed within prison facilities.

He said the Department of Prisons had received no formal complaints substantiating the allegations and that prison officials had neither observed nor reported such violations.

Pallewatta maintained that prison authorities operated within the legal framework governing correctional institutions and had no legal provision to take arbitrary action against members of the clergy in custody.

He also confirmed that a special committee had been appointed to examine matters concerning incarcerated members of the clergy, with its findings and recommendations expected to guide further administrative decisions.

The proposed changes seek to address the question of whether Buddhist monks should retain the right to wear their religious robes while in custody, while establishing a formal procedure for determining any circumstances in which their removal may be required.

However, the committee’s recommendations remain subject to the relevant administrative and regulatory processes, and the Court of Appeal is yet to hear the petitions challenging the prison authorities’ actions.

The appointment of the new bench marks the next stage in the judicial proceedings, while the Government’s review of prison regulations introduces a parallel process to address the treatment of clergy members in custody.

The outcome of both processes is likely to determine how religious attire is regulated within prisons and the extent to which prison authorities may impose restrictions on the religious practices of incarcerated Buddhist monks.