SC rejects Ven. Gnanasara Thera’s appeal; affirms CA Judgement
Lakmal Sooriyagoda-Saturday, October 6, 2018The Supreme Court yesterday upheld the Court of Appeal judgment that found Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Atte Gnanasara Thera guilty over his contemptuous behaviour inside the Homagama Magistrate’s Court on January 25, 2016.
Accordingly, a majority of a divided three-judge-Supreme Court Bench decided to refuse special leave to appeal application filed by Gnanasara Thera who sought an order to set aside the judgement of Court of Appeal dated August 8, 2018.
The Supreme Court Bench comprised Justice Eva Wanasundera, Justice Nalin Perera and Justice Prasanna Jayawardena.
On August 8 this year, Ven. Gnanasara Thera was sentenced to 19-years-Rigorous Imprisonment to be served concurrently within six years by the Court of Appeal over his contemptuous behaviour inside the Homagama Magistrate’s Court.
Expressing his views regarding the special leave to appeal application, Justice Prasanna Jayawardena observed that The Supreme Court is bound to maintain the dignity of the courts and further observed that both the Supreme Court and Appeal Court have unlimited jurisdiction to deal with the contempt of court matters.
Through his special leave to appeal application, Ven. Gnanasara Thera further sought an order to release him on bail pending the final hearing and determination of this special leave to appeal.
At a previous occasion, Court of Appeal (President) Justice Preethi Padman Surasena and Justice Shiran Goonaratne refused to grant leave to appeal citing there is no substantial reason to consider the application.
Ven. Gnanasara Thera was sentenced to four-years-Rigorous Imprisonment in respect of the first count. Another four-years-Rigorous Imprisonment was imposed regarding the second count. Six-years and five-years Rigorous Imprisonments were also imposed in respect of third and fourth counts respectively.
Ven. Gnanasara Thera stated that the Court of Appeal erred in law by dealing with the complaint made by the Magistrate under Article 105(3) of the Constitution, when Section 55(1) of the Judicature Act No.2 of 1978 provide a special jurisdiction to the Magistrates Court to take cognisance and to punish for contempt committed in the presence of Court itself.
The petitioner stated that the Court of Appeal erred in fact and law in convicting the Petitioner for counts 2,3 and 4 of the charge sheet when the evidence presented by the prosecution did not establish the said counts beyond reasonable doubt.
The petitioner further stated that the judges of the Court of Appeal misdirected themselves in law by failing to appreciate that it is not lawful to prefer four counts of contempt of court based on different parts of one single incident that took place before the Magistrate and having sentences passed in respect of each such part.
He further said the judges of Court of Appeal, misdirected themselves in law by failing to appreciate that the sentences imposed in this case are far too excessive having regard to the decision in the case of S.C. (Rule) 01/2004, where a Bench of five judges of the Supreme Court imposed a sentence of two-years Rigorous Imprisonment for contempt of the Supreme Court committed for the second time after having issued a severe warning on the first occasion;
While handing out a 56-page judgment, Court of Appeal Justice (President) Preethi Padman Surasena and Justice Shiran Goonaratne had observed that the ingredients of all four charges framed against the accused have been proved beyond reasonable doubt.
At a previous occasion,Ven. Gnanasara Thera had been sentenced to six-months Rigorous Imprisonment after he was found guilty for threatening and intimidating Sandhya Eknaligoda, the wife of missing journalist Prageeth Eknaligoda.
President’s Counsel Rienzie Arsekularatne with Counsel Udara Muhamdiramge and Namal Karunaratne appeared for Ven. Gnasara Thera. Senior Deputy Solicitor General Rohantha Abeysuriya with State Counsel Malik Azis appeared for the Attorney General.
