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Granting pardon to Gnanasara Thera FR petitions challenging decision fixed for support

18 May 2022 - {{hitsCtrl.values.hits}}      

  •  Supreme Court three-judge-bench fixed the two petitions for support on September 1

 By Lakmal Sooriyagoda  

Two Fundamental Rights petitions filed challenging former President Maithripala Sirisena’s decision to grant pardon to Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Atte Gnanasara Thera were yesterday fixed for support by the Supreme Court.   

These petitions had been filed by the Centre for Policy Alternative (CPA) and Sandhya Ekneligoda, the wife of missing journalist Prageeth Ekneligoda.  


The Supreme Court granted permission to the petitioners to file amended captions in respect of the petitions. Supreme Court three-judge-bench comprising Justice Priyantha Jayawardena, justice A.H.M.D. Nawaz and Justice Kumuduni Wickremasinghe fixed the two petitions for support on September 19.  


On May 23, 2019 Gnanasara Thera was released from Welikada prison after receiving a letter from the Presidential Secretariat granting pardon to the Thera.  


In their petition, the CPA and its Executive Director P. Saravanamuttu stated that the decision to grant pardon to Gnanasara Thera was a threat to judicial integrity and undermining the authority of court. They sought a declaration that the petitioner’s fundamental rights guaranteed under Article 12(1) of the constitution have been violated.  


On October 5, 2018, the Supreme Court upheld the Court of Appeal judgment that found Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Atte Gnanasara Thera guilty over his contemptuous behaviour inside the Homagama Magistrate’s Court on January 25, 2016.  


In August 2018, Gnanasara Thera was sentenced to a 19-year-rigorous imprisonment, to be served concurrently within 6 years by the Court of Appeal over his contemptuous behaviour inside the Homagama Magistrate’s Court.   


Senior Counsel Viran Corea with Lasantha Garusinghe and Khyati Wikramanayake appeared for CPA. Counsel Asthika Devendra with Pulasthi Hewamanne and Harini Jayawardena appeared for Sandhya Ekneligoda. Nerin Pulle, ASG appeared for the Attorney General. Romesh De Silva PC with Thishya Weragoda appeared for Gnanasara Thera. Faiszer Musthapha PC with Pulasthi Rupesinghe appeared for ex-president Sirisena.