CA orders Gnanasara Thero to be produced in Court on 31 May

Thursday, 25 May 2017 00:00 -     - {{hitsCtrl.values.hits}}

By S.S. Selvanayagam

The Court of Appeal yesterday (24) ordered Bodu Bala Sena (BBS) General Secretary Galagoda Atte Gnanasara Thero to be produced in Court on the next date with a medical certificate as he was not present in Court and his counsel informed Court that he was ailing.

When the Contempt of Court case against Gnanasara Thero came up before a bench comprising Justices Rohini Walgama (CA President) and S. Thurairaja, the court directed Junior Counsel Anusha Perusinghe, who appeared for Gnanasara Thero, to produce him on the next date with a medical certificate.

The Court nominated a new bench comprising Justices L.T.B. Dehidenilya and P. Padman Surasena for the inquiry and fixed the matter for 31 May.

The Court on 28 February overruled the preliminary objection of respondent Gnanasara Thero with the contempt matter against him and charge sheet read in Open Court.

The Court on 27 September directed the Attorney General to consider amending the summons if necessary against Gnanasara Thera with the particulars of his alleged offensive conduct with regard to the language and gestures used at the Homagama Magistrate’s Court.

Homagama Magistrate Ranga Dissanayake filed Contempt of Court action in the Court of Appeal against the BBS General Secretary, seeking the Appeal Court’s constitutional jurisdiction against Gnasara Thero’s alleged offensive behaviour at the Homagama Magistrate’s Court amounting to Contempt of Court on 25 January last year.

On 25 January, Gnanasara Thero began to address Open Court after the court hearing pertaining to the disappearance of journalist Prageeth Ekneligoda was over. Later on, the Thero was arrested by Police on the charges of contempt of court, obstructing Court proceedings and intimidating a public servant.

Through this contempt of Court action, the Homagama Magistrate has sought the Appeal Court’s jurisdiction to consider whether the alleged offensive behaviour of Gnanasara Thero inside the Court amounted to Contempt of Court.

He further sought the Court’s jurisdiction to take necessary legal action against Gnanasara Thero if the charges levelled against him amounted to Contempt of Court.

Manohara de Silva PC with Anusha Perusinghe appeared for the accused Thero. Deputy Solicitor General Rohantha Abeysuriya appeared for the Attorney General as Amicus Curiae (friend of the Court, the one who assists the Court by furnishing information or advice regarding questions of law or fact).

 

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