Monks Challenge Remand Order: Court Sets Hearing

COLOMBO (News 1st); The Court of Appeal ordered that the writ petition filed by Venerable Balangoda Kassapa Thero and Venerable Trikunamalaye Kalyana Wanshatissa Thero, seeking to invalidate the Trincomalee Magistrate’s order to arrest and remand them, be taken up for consideration on January 22.

The petition was called before a bench of the Court of Appeal comprising President of the Court of Appeal Justice Rohantha Abeysooriya and Justice Priyantha Fernando.

Appearing for the petitioners, President’s Counsel Manohara de Silva told the Court that the Trincomalee Magistrate’s order to remand his clients was entirely contrary to the law.

He submitted that, under the Coast Conservation Act, the Police had not presented sufficient material before the Magistrate to justify remanding the petitioners.

He also told the Court that the Attorney General had already expressed consent for his clients to be granted bail, yet the Police had acted in contradiction to that position.

Representing the Attorney General, Additional Solicitor General Vikum de Abrew informed the Court that since the suspects had been produced under the Coast Conservation Act, the Magistrate did not possess the authority to release them on bail.

He sought a date to present further submissions regarding the petition.

After considering the submissions, the Court of Appeal bench fixed the petition to be taken up for support on January 22.

The group including Venerable Balangoda Kassapa Thero, who had been remanded in connection with allegations under the Coast Conservation Act and an unauthorised construction, were produced before court again yesterday and were further remanded until the 28th.

Venerable Balangoda Kassapa Thero and several others launched a protest on November 16, alleging that the Police were attempting to remove a Buddha statue placed on land claimed to belong to the Sri Sambuddhatva Jayanthi Bodhiraja Viharaya, located along the Kotuwa Road in Trincomalee.

However, it was later revealed that an unauthorised restaurant had been built near the coastline on the said land.

It was thereafter confirmed that the main reason for the protest was the Coast Conservation Department’s attempt to remove the restaurant.

Appearing for the accused yesterday, Attorney Nuwan Bellanthudawa submitted to court that some sections in the case filed by the Coast Conservation Department had been framed in a way that did not allow bail.

He therefore requested the Court to amend the relevant sections.

But the Attorney General’s Department, representing the Coast Conservation Department, told Court that such sections cannot be amended.

They further informed Court that if the unauthorised construction is removed, then the matter could be reconsidered, but altering the charges requires approval from the Attorney General’s Department.

Having considered the submissions, the Magistrate rejected the request for bail.