CA overrules preliminary objections by Gnanasara Thera; case fixed for argument | Daily News

CA overrules preliminary objections by Gnanasara Thera; case fixed for argument

The Court of Appeal yesterday, decided to overrule the preliminary objections raised by Bodu Bala Sena (BBS) General Secretary Ven. Galagodaththe Gnanasara Thera against the amended charge sheet filed by the Attorney General over his alleged offensive behaviour inside the Homagama Magistrate’s Court amounting to Contempt of Court on January 25, last year.

Accordingly, the Court of Appeal two-judge-bench comprising Justice (President) Vijith Malalgoda and Justice Preethi Padman Surasena fixed the matter for argument on May 16.

When the charge sheet was read out before the Court of Appeal, Gnanasara Thera informed Court that he was not pleading guilty to the charges.

Former Homagama Magistrate Ranga Dissanayake had referred this Contempt of Court action to the Court of Appeal since it is vested with powers to inquire such a complaint.

At a previous occasion, the Attorney General filed the amended charge sheet comprising four counts alleging that the accused had committed a punishable offence which comes under Article 105 of the Constitution. At a previous occasion, a charge sheet signed by Court of Appeal’s President Judge had been served on the accused.

In a surprising turn of events, on January 25, Ven. Galagodaththe Gnanasara Thera began to address Open Court after the court hearing pertaining to the disappearance of journalist Prageeth Ekneligoda was over. Later on, Gnanasara Thera was arrested by police on the charges of contempt of courts, obstructing Court proceedings and intimidating a public servant.

Through this contempt of Court action, the Homagama Magistrate has sought Appeal Court’s jurisdiction to consider whether the alleged offensive behaviour and utterance of Gnanasara Thera inside the Court amounts to Contempt of Court. He further sought Court’s jurisdiction to take necessary legal action against Gnanasara Thera if the charges levelled against him amounts to Contempt of Court.


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