A fundamental rights petition filed in the Supreme Court asks the court to stop prison authorities from producing Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Aththe Gnanasara Thera before courts in prison attire.
The petition was filed by retired Air Force officer Shantha Jayathilaka. It names the Commissioner General of Prisons, the Secretary to the Ministry of Justice and the Attorney General as respondents.
The petitioner wants an order directing the prison authorities to produce the Thera in his bhikkhu robes. He also seeks a declaration that the decision to disrobe him and produce him in prison attire violates rights guaranteed under Articles 10, 12(1) and 14(1)(e) of the Constitution.
The petitioner said Article 9 of the Constitution requires the State to protect and foster Buddhism. He also said Prison Standing Order 550 allows a person before conviction to wear clothing of the style he previously used.
The petition further states that under Buddhist disciplinary rules a monk does not cease to be a monk merely because he has been found guilty of a secular criminal offence.
The Court of Appeal had sentenced Gnanasara Thera to six years’ imprisonment for contempt of court over his conduct during proceedings at the Homagama Magistrate’s Court. The Supreme Court later annulled the pardon granted by former President Maithripala Sirisena, and the remaining part of the sentence took effect.
