The Court of Appeal on 5 October ordered the Commissioner General of Prisons to take the necessary steps to enforce the remaining period of the six-year prison sentence with rigorous imprisonment imposed on Bodu Bala Sena General Secretary Ven. Galagodaaththe Gnanasara Thera for contempt of court.
The court also ordered that the Thera be taken into prison custody and directed prison authorities to ensure his security and provide necessary medical treatment.
Justices Mayadunne Correa and Lakmali Karunanayake issued the orders after considering submissions when the case was called on a motion filed by the Attorney General.
Prison officers produced Gnanasara Thera before the court following his arrest under an open warrant previously issued by the court.
Attorney Sudath Jayasundara, appearing for the Thera with Attorney Iresh Seneviratne, said his client had experienced mental distress and ill health in recent days and had stayed at a forest monastery on the advice of senior monks.
“He stayed there to obtain some mental rest. He had no intention of evading court,” Jayasundara submitted.
Justice Karunanayake questioned why the Thera had failed to provide the necessary instructions to his lawyers.
Counsel replied that poor mobile phone reception at the monastery had prevented his client from contacting his lawyers and providing instructions.
Jayasundara also requested an order directing prison authorities to ensure the Thera’s safety, saying the report of the Presidential Commission of Inquiry into the Easter Sunday attacks had recommended that he be provided with necessary protection. He further sought an order to ensure access to medical treatment.
Deputy Solicitor General Rajitha Perera, appearing for the Attorney General with State Counsel Sajith Bandara, told the court that Gnanasara Thera had been sentenced by the Court of Appeal in 2018 for contempt of court and subsequently granted a presidential pardon on 23 May 2019.
However, Perera said the Supreme Court, after hearing fundamental rights petitions challenging the pardon, had ruled on 10 September that it was legally invalid.
He said the Attorney General had therefore filed the motion seeking orders to enforce the remaining period of the sentence.
Jayasundara subsequently sought permission for Gnanasara Thera to make a brief statement to the court. The bench declined the request, stating that counsel had already made submissions on his behalf.
After considering the submissions, the court directed the Commissioner General of Prisons to enforce the remainder of the sentence and take the necessary measures concerning the Thera’s security and medical treatment.
