SC allows “Buddha Tattoo” petition

3 July 2014 08:21 am - 12 - {{hitsCtrl.values.hits}}

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The Counsel representing the Attorney General today informed Court that the Negombo Magistrate had no authority to order the deportation of British tourist Naomi Coleman, who had a tattoo of the Buddha on her upper arm.

He made this submission when the Fundamental Rights Petition filed by her was taken up for hearing.

Assistant Solicitor General Jayantha Jayasuriya PC appearing for the respondents said the Negombo Magistrate had no authority to order the deportation of Ms. Coleman, who was arrested, detained and then deported for the reason that she had the figure of the Buddha seated on a lotus leaf tattooed on her upper arm.

She was detained on April 22 and deported to Britain on April 25 with an apology by the Sri Lanka Tourist Board which had apologised to her for what had happened and provided her with a business class ticket.

However, the Counsel said the Tattoo should be taken into account with another Tattoo located above the shoulder and pointed out that the Buddha Tattoo taken in that context had the potential to damage the sentiments of the people and as such he said that the arrest of Ms. Coleman was legal.

He therefore said the actions of the Police officer was legal and the Supreme Court could not inquire in to the order of the magistrate in a Fundamental Rights petition although the Magistrate had no authority to make such order.

Counsel J.C Weliamuna appearing for Ms. Coleman quoting the B report filed at the Negombo Magistrate’s Court said the arresting officer had done so only on noticing the Buddha tattoo and not the one above it. Therefore Mr. Weliamuna said the argument brought up the state counsel was baseless.

He said that the Counsel appearing for the Attorney General was making a moral argument with no basis in law.

He also said the tourist had visited the country twice before without any hindrance or obstruction.

Counsel Weliamuna said the tourist was arbitrarily arrested and subjected to inhuman and degrading treatment by the law enforcement authorities.
He said the legal arguments were clearly against the arbitrary arrest and showed that the Fundamental Rights of the Petitioner were violated as a result of their action.

The Bench comprising Justices Chandra Ekanayake, Saleem Marsoof and Eva Wanasundera considering the submissions made by both parties granted leave to proceed for the infringement of Article 11, 12 (1) and 13 of the constitution.

The next hearing was fixed for December 15^th.

Jayantha Jayasuriya PC with Parinda Ranasinghe appeared for the Respondents while J.C. Weliamuna, Pulasthi Hewamanna, Tishya Weragoda and Hafeel Farisz instructed by Vishwa De Livera Tennakoon appeared for the petitioner.

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Comments - 12

indi Thursday, 03 July 2014 09:23 AM

What about the potential to damage the sentiments of the Muslim people by a Buddhist priest recently, as the video footage shown. is it legal.

sobers Thursday, 03 July 2014 09:26 AM

Damage has been done!

Heisenberg Thursday, 03 July 2014 10:38 AM

Supreme court is making very important decisions based on common sense. Sri Lankan Is not a Arabl country with outdated rules.I'm very happy with the ruling yesterday even about public consumption of liquor.

ghamer Thursday, 03 July 2014 10:45 AM

"The next hearing was fixed for December 15th." Aug, Sept, Oct, Nov pages missing in SC calendar?

SSK Thursday, 03 July 2014 12:23 PM

Justice delayed is justice denied

lawyer Thursday, 03 July 2014 01:44 PM

there are dates in the SC calender but sadly they have been filled up with cases that came up in, March, April, May and June :D

Concerned Thursday, 03 July 2014 02:57 PM

Justice delayed and justice denied means that if justice is not carried out right away timely, then even if it is carried out later it is not really justice because there was a period of time when there was a lack of justice.

Real Lankan Thursday, 03 July 2014 03:13 PM

This government ruin and mess up the country by giving to much freedom for a certain religion.
It will be more worst in the future and the government will face the consequences of it's stupidity..

GAMINI Thursday, 03 July 2014 04:35 PM

Our foreign mission must inform tourist who want to visit SL. Its so cruel to send a visitor back after making a planned journey. A tattoo on her upper arm is not something to penalize.

Manuelpillai Thursday, 03 July 2014 04:45 PM

One must remember that we are supposed to be a secular State and should not do things of this nature.

Saman Thursday, 03 July 2014 07:23 PM

What a Lawless country knows about Law. This is now a Banana Republic. Everybody is a Master Gangster.

Empulze Saturday, 05 July 2014 05:14 AM

Whats legal here is illegal else where whats legal elsewhere is illegal here. via DM Android App

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SC allows “Buddha Tattoo” petition

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