Bodu Bala Sena General Secretary Galagodaatte Gnanasara Thera filed a Fundamental Rights petition with the Supreme Court, challenging the Homagama Magistrate's decision to remand him on several occasions for allegedly threatening disappeared missing journalist Prageeth Eknaligoda's wife Sandhya Eknaligoda.
The petitioner argues that the remand orders given on January 26, February 9, February 10 and February 16 are unlawful and are in violation of the petitioner's Fundamental Rights guaranteed by Statutes 12 (1) and 13 (2) in the Constitution of the Democratic Socialist Republic of Sri Lanka.
The remand order was made following a complaint filed by Sandhya Eknaligoda at the Homagama Police. The complaint said that Gnanasara Thera threatened her and said "thoge miniha elteetee kaarayaa. u malaane. tho hinga kaapiya" (Your husband was an LTTEer. He is dead. You go and beg for living).
Gnanasara Thera, in his petition, argues that the aforementioned statement can in no way amount to be a threat made to injure a person or damage his reputation or property. Therefore, there was no justifiable reason for the remand orders given against him, Gnanasara Thera maintains.
Gnanasara Thera appeared at the Homagama Magistrate's Court on January 25 and made a speech following the hearing of the Magisterial Inquiry into the disappearance of Prageeth Eknaligoda, where he allegedly threatened court officials. He is said to have threatened Sandhya Eknaligoda on the way out of the court. He was arrested and remanded on January 26 on several charges. He was released on bail on the charges of contempt of court on February 9 but was remanded further for the alleged threat on Sandhya Eknaligoda.
Bodu Bala Sena General Secretary Galagodaatte Gnanasara Thera was brought to the Homagama Magistrate's Court early this afternoon.
He is in remand custody on several charges including the alleged contempt of court.
Meanwhile, several individuals who were arrested for protesting near the court were also brought for an identification parade.
They were arrested following the orders of the Magistrate for the protest that was conducted to oppose the remanding of Gnansara Thera on January 26.
Fort Magistrate Priyantha Liyanage issued arrest warrants on two monks of the Bodu Bala Sena, including National Organizer Vitharandeniye Nanda Thera, for not being present at the Magisterial Inquiry on the alleged assault on a press conference of the Jathika Bala Sena.
Their lawyers informed court that the two monks were overseas for religious work. However, the Magistrate directed that they had not informed the court and issued the warrants.
Meanwhile, BBS General Secretary Galagodaatte Gnanasara Thera, who is in remand custody, was not brought to the court today. The Magistrate ordered him to be produced before the court for the next hearing.
The next court hearing was fixed for March 3.
The inquiry is on an incident in April 2014 when the Bodu Bala Sena raided a Jathika Bala Sena press conference in Colombo.
Police has decided to investigate the finances of Bodu Bala Sena General Secretary Galagodaatte Gnanasara Thera following his arrest on charges of contempt of court.
Accordingly, investigations are likely to focus on his sources of funding and the vehicles he is using.
During the tenure of the Mahinda Rajapaksa government, it was alleged that the Bodu Bala Sena was being covertly supported and aided by the then Defence Secretary Gotabaya Rajapaksa. The BBS backed Mahinda Rajapaksa during the 2015 Presidential Election but decided to contest the general election on its own in August 2015.
A bail application was filed this morning at Homagama Magistrate's Court for Bodu Bala Sena General Secretary Galagodaaththe Gnanasara Thera, who was remanded on January 26 on three charges including contempt of court.
Attorney-at-Law Sumudu Kantha Hewage filed this appeal through a motion.
Gnanasara Thera was remanded till January 26. He was admitted to the prison hospital yesterday.
The unruly protesters who converged near the Homagama Magistrate's Court on January 26 could have been robe wearers who were sent by the Sirikotha, Pahiyangala Ananda Sagara Thera stated yesterday.
Speaking to the media at the Bodu Bala Sena head office, Ananda Sagara Thera said that the Prime Minister knew that bogus 'robe wearers' had created disturbances near the Homagama courts when even the Buddhist monks such as himself were not sure as to what was actually going on.
"How did the Prime Minister know that there were bogus monks at the site of unrest?", asked Ananda Sagara Thera.
The press conference had been called at the BBS headquarters by the Collective of National Bikkhu Organisations which comprises of the BBS, Ravana Balaya, and Sinhala Ravaya.
Speaking at the press conference, Sinhala Ravaya Chairman Akmeemana Dayarathana Thera questioned the different standards of law enforcement applied to UNP MP Hirunika Premachandra and BBS General Secretary Galagodaatte Gnanasara Thera.
Bodu Bala Sena General Secretary Galagodaatte Gnanasara Thera was arrested following his surrender to Homagama Police this morning.
He had been summoned to the police at 10.00 a.m. today, following an arrest warrant issued by the Homagama Magistrate yesterday.
The Homagama Magistrate issued an arrest warrant against Gnanasara Thera on three charges including threatening a state official, obstructing the court proceedings and contempt of court. He addressed the court yesterday immediately after the case on the disappearance of Prageeth Eknaligoda was taken up.
Bodu Bala Sena General Secretary Galagodaatte Gnanasara Thera has been asked to report to the Homagama Police at 10.00 a.m. today, following the issue of an arrest warrant against him yesterday.
The Homagama Magistrate issued an arrest warrant against Gnanasara Thera on three charges including threatening a state official, obstructing the court proceedings and contempt of court. He addressed the court yesterday immediately after the case on the disappearance of Prageeth Eknaligoda was taken up.
Arguing that the arrest of military intelligence personnel over the incident was illegal, Gnanasara Thera urged the arrest of the representives of the Attorney General's Department for instructing the "illegal arrests".
Bodu Bala Sena Withanage said that both Sri Lanka and India will realize the potential security threat posed by the settlement of a large number of Muslim people in Wilpattu area in a few years time, when it will be too late.
Speaking to Asian Mirror, he said that a group such as the ISIS could easily establish a support base in such an area where a large number of Muslim people will reside. He suggested that it could become a threat to India due to the proximity of the Mannar coast to that country.
Withanage further said that the Wilpattu resettlement programme was launched under the auspices of former Economic Development Minister Basil Rajapaksa under the previous government of Mahinda Rajapaksa. The BBS complained to former President Rajapaksa and President Maithripala Sirisena on a number of times, he added, saying that the government is yet to respond positively.
Commenting on the threat posed by the ISIS, Dilanthe Withanage said that Parliamentarians and senior police officials were unaware of the terror group.
Withanage said that the BBS warned of the rise of radical groups in Sri Lanka two years ago and specifically named the ISIS as a potential threat a year later. However, the authorities ridiculed these warnings as attempts to create unnecessary trouble, he said.
He also pointed out that the ISIS could become a serious threat in future if not today, pointing out that the government should be aware of the potential dangers before it becomes a reality.
Bodu Bala Sena CEO Dilantha Withanage said that his organization was not behind the current “Sinha-le Movement” but added that it has spoken of “Sinhale” before this new movement.
Speaking to Asian Mirror, Withanage said that the BBS had spoken of this with a ‘scientific and historical’ basis. At the time of the 1815 Kandyan Convention, Sri Lanka was known as Sinhale, he pointed out. Therefore, Sri Lanka should be known by that name, he argued.
The BBS discussed this at the Sangha Sammelanaya on September 28, 2014, and forwarded the proposal to the government, Withanage said.
The Tamils and the Muslims of Sinhale could then be known as “Sinhale Tamils” and “Sinhale Muslims” he further maintained. This was no strange practice and is happening all over the world, he argued.
The 'Sinhale' campaign was started on social media platforms, such as Facebook, by an extremist group seemingly supportive of the Bodu Bala Sena organization and former President Mahinda Rajapaksa. It was first launched as a sticker campaign. The movement reached a new height yesterday with an unknown group writing the same word on the walls of some houses belonging to Muslims in the Nugegoda area.