Petition against Cutting down Bo-tree: SC fixes for argument on 7 September

By S.S.Selvanayagam                       

The Supreme Court yesterday (24) re-fixed for argument on September 7 in respect of the Petition filed against the cutting and removing the Bo-tree located in Pannipitiya near the border of the Colombo – Avissawella Road.

The Bench comprised Justices Eva Wanasundera, B.P. Aluvihara and K.T.Chitrasiri.

The Court had already issued Interim Order restraining the Road Development Authority from cutting down or removing the said Bo-tree.

Ven.Weraduwe Sirijothi Thera (Sri Punnyabiwardana Ramaya, Kottawa and three others filed the fundamental rights petition citing Minister of Higher Education and Highways, Divisional Secretary of the Maharagama, the Chairman of RDA, Attorney General and others as Respondents.

Kanishka Vitharana with M.Thilakartne appeared for the Petitioners.

Petitioners state the history of the Pannipitiya Bo-tree runs back to about 400 years and the story of its origin has been passed by word through generations.

They state the RDA in 2015 tried to cut down the Bo-tree for the purpose of the development of the High-level road, which was foiled by strong public protest.

They claim the cutting down or removal of the said Bo-tree will deprive the cultural and religious rights and thereby violate fundamental rights to equality, the right that no citizen shall be discriminated, against on the grounds of race, religion, language, caste etc as well as the rights to the freedom to manifest one’s religion and the freedom to enjoy and promote one’s own culture.

They allege the cutting down or removal of the said Bo-tree would violate the constitutional responsibility of the State to protect and foster Buddha Sasana and to give the foremost place to Buddhism as provided in the Article 9 of the Constitution which reads: The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly, it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 [Every person is entitled to freedom of thought, conscience and religion, including the freedom to have or to adopt a religion or belief of his choice] and 14(1)(e)[the freedom to manifest one’s religion or belief in worship, observance, practice and teaching].