Monks intervene to resist FR petition in bid to reopen Dalada Maligawa Road

By S.S. Selvanayagam

Buddhist monks and laymen intervened to resist the fundamental rights petition filed in a bid to reopen a portion of the A26 road which passes past the Dalada Maligawa in Kandy.

The intervening petitioners are Sri Dalada Maligawa Diyawadana Nilame Pradeep Nilanga Dela, Anamaduve Sri Dhammadassi Anunayake, Vendaruve Sri Upali Anunayake Thero, Medagama Dhammananda Thero, Narampanave Ananda Thero, Muruddeniye Dhammarathana Thero, Kahawaththe Saranankara Thero, Members of the Asgiri and Malwathu Karaka Sanga Sabhas and Sri Vishnu Mahaa Devalaya Basnayake Nilame Mahindra Ratwatte.

Sanjeeva Jayawardane PC, with Charitha Rupasinghe and Asoka Niwunhella, appeared for them.

Nihal Jayamanne PC appeared for the Kandy YMBA and Kandy Buddhist Association. Manohara de Silva PC appeared for several Basnayake Nilames of Pitissara Devalayas.

Faisz Musthapha PC appeared for the Kandy Tamil Traders’ Association and Nuwara Sinhala Velantha Samithiya.

The matter came up before a bench comprising Chief Justice Priyasath Dep and Justices Priyantha Jayawardane and Eva Wanasundera and was fixed for 1 August.   

J.C. Weliamuna PC appeared for the petitioners of the main petition, K. Mudiyanselage Keerthi, H.M. Dayananda, J.M. Mahinda and R. Chandrarathne. They cited the Road Development Authority, IGP, Minister of Higher Education and Highways Lakshman Kiriella, Attorney General and others as respondents.

The petitioners say that they are engaged in efforts to bring the said A26 road back to full and free public use as a portion of it has been restricted for public use, inconveniencing residents of Kandy due to massive traffic.

They state that they are concerned and affected by the health issues, environmental pollution and economic effects caused by the restriction.

They said a roughly 600-meter stretch of the A26 road passes along the southern boundary of the Dalada Maligawa and the relevant intersection has been the only gateway for the three main roads (A1, A9 and A26) that connect a number of provinces and this road is used by roughly over 10,000 vehicles a day.

They state that the stretch of the A26 (Kandy-Mahiyangana-Padiyatalawa Road) continued to be a vital intersection for the day-to-day travel of the residents of Kandy until its closure in 1998 following a terrorist attack on 25 January 1998.

They claim that the terrorist attack was not carried out using the said stretch but the Raja Veediya which is not closed to date.