6 yrs in prison

Published : 9:16 am  August 9, 2018 | No comments so far |  |  (222) reads | 
  • Court was of the opinion that he had made the utterances deliberately
  • Sentences run concurrently resulting in six years Rigorous Imprisonment

 

Contempt Case against Gnanasara Thera: CA finds him guilty, Sentenced to 19 years RI to be served IN 6 years

 

DM_20180809_A001-19 By S.S.Selvanayagam

The Court of Appeal yesterday (08) found guilty of all four counts of charges on the offence of Contempt of Court against Ven. Galagoda  Aththe Gnanasara Thera and sentenced him for all four counts totalling 19 years Rigorous Imprisonment to run concurrently for six years. 

The Bench comprised Justices P. Padman Surasena (President/CA) and Shiran Gunaratne.


The Court noted that all the charges had been proved and he was guilty of all counts of charges.


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


The Court sentenced him four years Rigorous Imprisonment each for the first two counts and six years and five years for other two Counts totalling 19 years Rigorous Imprisonment.


The court directed that these sentences run concurrently resulting in six years Rigorous Imprisonment.


 Accused Respondent Ven. Gnanasara Thera was not present in Court.


Manohara de Silva PC appeared for him told the Court that the Respondent got him admitted to the Sri Jayawardanapura General Hospital on August 6 as he developed pain in the stomach, probably for kidney trouble.
He also told Court that his client might have to undergo surgery in one or two days if diagnosed.


The court issued the order to the Superintendent of the Prisons of Welikade to take charge of the Accused Respondent forthwith and after the recovery taken for the implementation of the sentence imposed on him.
Counsel Manohara de Silva in the instance moved the Court for time to consider the oral application for permission to appeal.


He cited Rule 22(1)(II) read with 23(3) and sought time for oral submission to consider the determination of the application.


The court fixed August 29 at 2.00 p.m. for the purpose of the consideration.


Senior Counsel Manohara de Silva with Anusha Perusinghe appeared for Ven. Gnanasara Thera.  Deputy Solicitor General Rohantha Abeysuriya appeared for the Attorney General as Amicus Curiae.


(Friend of the Court)


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


On January 25, Ven. Galagoda Atte Gnanasara Thera began to address Open Court after the court hearing pertaining to the disappearance of journalist Prageeth Ekneligoda was over.


Later on, Ven. Gnanasara Thera was arrested by Police on the charges of contempt of court, obstructing Court proceedings and intimidating a public servant.


Manohara de Silva PC appeared for the Accused Gnanasara Thera. Deputy Solicitor General Rohantha Abeysuriya appeared for the Attorney General as
Amicus Curiae (friend of the court the one who assists the court by furnishing information or advice regarding questions of law or fact.)

 

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Ven. Gnanasara Thera to appeal

By Ranjan Katugampola and Thilini De Silva 


Attorney-at-Law PC Manohara De Silva, appearing on behalf of Venerable Galagoda aththe Gnanasara Thera who was sentenced to six years imprisonment for contempt of court, informed court that his client wished to appeal against the judgment.   

The Presidents Counsel also said that the thera has been hospitalised and was being treated for a Kidney ailment and that an operation was needed in the near future.   


According to the laws governing appeals lodged with the Appellate Court, Regulation 23 as interpreted under rule 22 (1) a date should be sought within a 21-day period.   


The Court, after considering the submissions by PC De Silva, set the date for arguments for the appeal to be made on August 29.   


A second request made by the Defence Counsel to stay the verdict of the court to take Gnanasara Thera to the Welikada Prison until he was discharged from hospital was turned down.   

 

The Presidents Counsel also said that the thera has been hospitalised and was being treated for a Kidney ailment and that an operation was needed in the near future.   


According to the laws governing appeals lodged with the Appellate Court, Regulation 23 as interpreted under rule 22 (1) a date should be sought within a 21-day period.   


The Court, after considering the submissions by PC De Silva, set the date for arguments for the appeal to be made on August 29.   


A second request made by the Defence Counsel to stay the verdict of the court to take Gnanasara Thera to the Welikada Prison until he was discharged from hospital was turned down.