Gnanasara’s Special Appeal: SC defers support for 5 Oct.

By S.S.Selvanayagam

Supreme Court last week deferred for 5 October to support granting of leave with the appeal filed by Bodu Bala Sena (BBS) General Secretary Galagoda Atte Gnanasara Thera.

The Bench comprised Justices Eva Wanasundera and Vijith K. Malalgoda. 

Petitioner is seeking an order from the Court to set aside the judgment of the Court of Appeal. 

He also asked another order to release him on bail until the final determination of his special appeal. 

The Court of Appeal on 8 August in its judgment found him guilty of all four counts of charges on the alleged offence of Contempt of Court to be served concurrently within six years over his contemptuous behaviour inside the Homagama Magistrate’s Court on 25 January 2016. 

The Court of Appeal Bench, comprising Justices P. Padman Surasena (President/CA) and Shiran Gunaratne, had noted that all the charges have been proved and the Accused Respondent Galagoda Atte Gnanasara Thera is guilty of all counts of charges. 

It was of the opinion that the Accused Respondent has made the utterances deliberately and that he stood up and addressed, demanding the release of an Accused Intelligence Officer who had been remanded before. 

Homagama Magistrate Ranga Dissanayake had filed a Contempt of Court action in the Court of Appeal against Bodu Bala Sena (BBS) General Secretary Galagoda Atte Gnanasara Thera seeking the Appeal Court’s constitutional jurisdiction against Gnanasara Thera’s alleged offensive behaviour in the Homagama Magistrate’s Court amounting to Contempt of Court on 25 January 2016. 

On 25 January, Galagoda Atte Gnanasara Thera began to address Open Court after the Court hearing pertaining to the disappearance of journalist Prageeth Eknaligoda 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 had sought the Appeal Court’s jurisdiction to consider whether the alleged offensive behaviour of Gnanasara Thera inside the Court amounts to Contempt of Court.

He had further sought the Court’s jurisdiction to take necessary legal action against Gnanasara Thera if the charges levelled against him amount to Contempt of Court.

Galagoda Atte Gnanasara Thera, in his petition to the Supreme Court for Special Leave to Appeal, states the Court of Appeal had erred in law by dealing with the complaint made by the Magistrate under Article 105(3) of the Constitution whereas the Section 55(1) of the Judicature Act No. 2 of 1978 provides for a special jurisdiction to the Magistrate’s Court to take cognizance and to punish for contempt committed in the presence of Court itself. 

He contends the Court of Appeal erred in fact and law in convicting him for Counts ‘2’, ‘3’ and ‘4’ of the charge sheet whereas the evidence presented by the prosecution did not establish the said Counts beyond reasonable doubt. 

He states the Judges of the Court of Appeal misdirected themselves in law by failing to appreciate that it is not lawful to prefer four Counts of Contempt of Court based on different parts of one single incident that took placed before the Magistrate and having sentences passed in respect of each such part.

He further states the Judges of the Court of Appeal misdirected themselves in law by failing to appreciate that the sentences imposed in this case are far too excessive having regard to a sentence imposed by Supreme Court where two years Rigorous Imprisonment for Contempt of Court committed for the second time after having issued a severe warning on the first occasion.

Rienzie Arsekularatne PC with Udara Muhamdiramge and Namal Karunaratne appeared for Galagoda Atte Gnanasara Thera. Senior State Counsel Malik Aziz appeared for the Attorney General.