SC fixes Sandya Ekneligoda’s petition on 21 November

• Appeal for Special Leave to ask SC to set aside sentence given to Ven. Gnanasara by Homagama High Court    

The Supreme Court yesterday re-fixed to support on 21 November the petition for granting of Special Leave to Appeal filed by Sandya Ekneligoda to set aside a suspended sentence given by the Homagama High Court to Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Aththe Gnanasara and restore a sentence given by the Magistrate Court. 

Petitioner, the wife of disappeared Journalist Prageeth Ethnaligoda filed her petition contesting the judgment of Homagama High Court that suspended a sentence given by the Homagama Magistrate Court to Ven. Gnanasara for contempt of court.   

Supreme Court Bench comprised Justices Priyantha Jayawardena, S. Thurairaja and E.A.G.R. Amaraseera.

Aggrieved Party-Petitioner Sandya Eknaligoda cited Attorney General as Respondent, Homagama Police OIC as Complainant-Respondent and Ven. Galaboda Aththe Gnanasara Thero as Accused-Appellant-Respondent.

J.C. Weliamuna PC with Pulasthi Hewamanna and Kavindu Hewa Geeganage instructed by Manjula Balasooriya appeared for the Petitioner. State Counsel Chrishanga Fernando appeared for the First and Second Respondents. The Third Respondent did not appear before the court.

The Petitioner states she is the wife of Prageeth Ethnaligoda, now disappeared in respect of which the Magistrate Court inquiry is pending in the Magistrate’s Court of Homagama.

She claims she was the victim of several offences committed by the Accused, in the premises of Homagama Magistrate Court, on 25 January 2016 where she was threatened by the Accused. Thereafter, the following charges were levelled against the Accused before the Learned Magistrate of Homagama:

That on or about 25 January 2016 in the premises of Magistrate Court of Homagama the Accused had assaulted one Kamalgoda Mudalige Sandhya Priyangani Ethnaligoda which is an offence punishable under section 346 of the penal code

In the same transaction the Accused had committed criminal intimidation to one Kamalgoda Mudalige Sandhya Priyangani Ethnaligoda which is an offence punishable under section 486 of the penal code

Petitioner states the Accused pleaded not guilty to the said charge and thereafter the trial was commenced against the Accused before the Learned Magistrate of Homagama.

She states that after the trial the Learned Magistrate by his judgment dated 24 May 2018 convicted the Accused and imposed following sentence respectively as follows:

a)  Imposed six months rigorous imprisonment for the first charge and imposed compensation of Rs. 1,500 in default one month rigorous imprisonment 

b)  Imposed six months rigorous imprisonment for the second charge and imposed compensation of Rs. 1,500 in default one month rigorous imprisonment

She states the Magistrate directed to run the said sentences concurrently.

Being aggrieved by the judgment dated 24 May 2018 of the Magistrate of Homagama, the Accused preferred of Appeal to Provincial High Court of the Western Province at Homagama against the conviction. Petition Homagama High Court judge delivered the judgment on 8 February without interfering with the conviction but by varying the sentence imposed by the Magistrate as follows:

a) Imposed six months rigorous imprisonment for the first charge and suspended the same for five years

b) Imposed six months rigorous imprisonment for the second charge and suspended the same for five years

c) The other sentence imposed on the Accused were not changed and directed the sentence to be operative from the date of conviction i.e. 24 of May 2018

Petitioner being aggrieved by the Judgment of the High Court seeks Special Leave to Appeal from the said Judgment.

She is seeking the Supreme Court to set aside the judgment of the Homagama High Court.

(SSS)