Appointment of ‘provisional Basnayake Nilame’ to ‘Sabaragamuwa Maha Saman Dewalaya’ stayed

Wednesday, 5 February 2025 00:06 - - {{hitsCtrl.values.hits}}

The Court of Appeal on Monday issued an interim order staying the appointment of a ‘provisional Basnayake Nilame’ to the ‘Sabaragamuwa Maha Saman Dewalaya’ until the 23 May 2025.

This was when the Writ Application filed by members of the ‘Basnayake Nilame Association’ challenging the appointment of a ‘provisional Basnayake Nilame’ to the ‘Sabaragamuwa Maha Saman Dewalaya’ was taken up before the Acting President of the Court of Appeal, Justice Mohammed Thahir Laffar.

The petitioners in their Petition stated that the Commissioner General of Buddhist Affairs purportedly appointed a ‘provisional Basnayake Nilame’ to the ‘Sabaragamuwa Maha Saman Dewalaya’ under and in terms of Section 17 of the Buddhist Temporalities Ordinance, No.19 of 1931 (as amended) following the lapse of the tenure of the outgoing Basnayake Nilame.

President’s Counsel Farman Cassim appearing on behalf of the petitioners submitted to court that Section 17 of the Buddhist Temporalities Ordinance, No.19 of 1931 (as amended) only provides for nine instances for when a provisional trustee could be appointed and that the end of tenure of the preceding Basnayake Nilame is not a ground for such appointment.

The petitioners in their petition further stated that customarily, an immediate Basnayake Nilame would continue temporarily in their respective Dewales following the end of their term during the transitional and/ or interim period that then prevailed, until the election of a new Basnayake Nilame who could accept and assume the duties from his predecessors, with the objective of preventing an interruption or disturbance of the continuity of traditions, customs and observances of such Dewales.

The petitioners further emphasised that even on previous occasions, the Commissioner General of Buddhist Affairs has irrationally and unlawfully permitted individuals who have been provisionally appointed as trustees to vote at the election to appoint a new Basnayake Nilame of a Dewale, which has repeatedly caused great distress and unrest amongst the clergy, Basnayake Nilames and devotees of the Dewales.

Following hearing the submissions of all parties, Justice Mohammed Thahir Laffar issued an interim order staying the appointment of the ‘provisional Basnayake Nilame’ of the ‘Sabaragamuwa Maha Saman Dewalaya’ until the appointment of a new Basnayake Nilame at the election scheduled to be held on 11 February 2025 and an interim order restraining the ‘provisional Basnayake Nilame’ from voting at the said election until the 23 May 2025.

The Commissioner General of Buddhist Affairs, Acting Deputy Commissioner-General of Buddhist Affairs, Ratnapura and the ‘provisional Basnayake Nilame’ of the ‘Sabaragamuwa Maha Saman Dewalaya’ were named as respondents to the Application.

President’s Counsel Farman Cassim with Attorney-at-law Vinura Kularatne and Attorney-at-law Faadhila Thassim instructed by Attorney-at-law Shayamali Athukorala appeared on behalf of the petitioners, State Counsel Pulina Jayasuriya appeared on behalf of the 1st and 2nd respondents and Attorney-at-law Hemantha Senanayake appeared on behalf of the 3rd respondent.