The Colombo Additional Magistrate today (October 4) ordered that Venerable Galagoda Aththe Gnanasara Thero, the General Secretary of the Bodu Bala Sena (BBS) organization, be remanded until tomorrow, following his arrest pursuant to an open warrant issued by the Court of Appeal.
The Additional Magistrate further directed that Ven. Gnanasara Thero be produced before the Court of Appeal tomorrow in connection with the warrant issued by that court.
The proceedings arise from a contempt of court matter based on an incident during the hearing of the case concerning the disappearance of journalist Prageeth Eknaligoda.
On January 25, 2016, while the case was being heard before the Homagama Magistrate’s Court, the then Magistrate lodged a complaint before the Court of Appeal, alleging that Ven. Gnanasara Thero had addressed the court without obtaining permission and had conducted himself in a manner that disrupted judicial proceedings, thereby committing contempt of court.
Following an inquiry into the complaint, a bench of the Court of Appeal headed by then Judge Preethi Padman Surasena found Ven. Gnanasara Thero guilty of contempt of court on May 24, 2018.
The Court imposed a sentence of 19 years of rigorous imprisonment, with the sentence ordered to be served over a period of six years.
However, on May 23, 2019, former President Maithripala Sirisena granted Ven. Gnanasara Thero a presidential pardon.
The legality of the presidential pardon was subsequently challenged before the Supreme Court by Sandhya Eknaligoda, the wife of missing journalist Prageeth Eknaligoda, together with several other petitioners.
Following consideration of the fundamental rights petition, the Supreme Court recently ruled that the decision taken by former President Sirisena to grant Ven. Gnanasara Thero a presidential pardon and secure his release was legally invalid.
Subsequently, as Ven. Gnanasara Thero had not appeared before court, the Attorney General sought an order from the Court of Appeal for his arrest and production before court.
When the matter was taken up on September 29, Ven. Gnanasara Thero, who had been notified to appear before court, failed to do so. The Court of Appeal thereafter issued an open warrant for his arrest and ordered that he be produced before court.
The court also imposed a travel ban on Ven. Gnanasara Thero and directed that the warrant be executed through the Inspector General of Police.
Acting pursuant to the warrant, officers of the Colombo Crimes Division arrested Ven. Gnanasara Thero on the night of October 3 while he was residing at a monastery in Thiniyawala, Kalutara.
Ven. Gnanasara Thero was subsequently brought to the Colombo Crimes Division and produced before court this afternoon.
Police informed the court that Ven. Gnanasara Thero had been arrested and produced before court pursuant to warrants issued by the Court of Appeal, the Colombo High Court and the Colombo Magistrate’s Court.
Appearing for Ven. Gnanasara Thero, Attorney-at-Law Iresh Seneviratne, together with Attorney-at-Law Pasan Karunarathne, submitted that their client had been experiencing significant psychological distress and had consequently sought refuge at a forest monastery.
Counsel further submitted that the Presidential Commission of Inquiry appointed to investigate the Easter Sunday terrorist attacks had recommended that special security measures be provided for Ven. Gnanasara Thero.
Accordingly, counsel requested that appropriate directions be issued to ensure his safety and security while in remand custody.
Having considered the submissions, the Additional Magistrate ordered that Ven. Gnanasara Thero be remanded in custody.
He was ordered to be produced before the Court of Appeal tomorrow in connection with the warrant pending before that court and before the Colombo High Court the following day in connection with a separate warrant.
The Magistrate further directed prison authorities to produce Ven. Gnanasara Thero before the Colombo Magistrate’s Court on Wednesday in connection with another warrant issued by that court.
In addition, prison authorities were directed to take all necessary measures to ensure the safety and security of Ven. Gnanasara Thero during his period of remand custody.
