Gnanasara Thera Files FR Petition Challenging Homagama Magistrate's Remand Orders

February 26, 2016

Bodu Bala Sena General Secretary Galagodaatte Gnanasara Thera filed a Fundamental Rights petition with the Supreme Court, challenging the Homagama Magistrate's decision to remand him on several occasions for allegedly threatening disappeared missing journalist Prageeth Eknaligoda's wife Sandhya Eknaligoda.

The petitioner argues that the remand orders given on January 26, February 9, February 10 and February 16 are unlawful and are in violation of the petitioner's Fundamental Rights guaranteed by Statutes 12 (1) and 13 (2) in the Constitution of the Democratic Socialist Republic of Sri Lanka.

The remand order was made following a complaint filed by Sandhya Eknaligoda at the Homagama Police. The complaint said that Gnanasara Thera threatened her and said "thoge miniha elteetee kaarayaa. u malaane. tho hinga kaapiya" (Your husband was an LTTEer. He is dead. You go and beg for living).

Gnanasara Thera, in his petition, argues that the aforementioned statement can in no way amount to be a threat made to injure a person or damage his reputation or property. Therefore, there was no justifiable reason for the remand orders given against him, Gnanasara Thera maintains.

Gnanasara Thera appeared at the Homagama Magistrate's Court on January 25 and made a speech following the hearing of the Magisterial Inquiry into the disappearance of Prageeth Eknaligoda, where he allegedly threatened court officials. He is said to have threatened Sandhya Eknaligoda on the way out of the court. He was arrested and remanded on January 26 on several charges. He was released on bail on the charges of contempt of court on February 9 but was remanded further for the alleged threat on Sandhya Eknaligoda.