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| Thursday, 10 June 2004 |
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Merchandised Buddha images: AG undertakes to direct IGP to arrest suspects by Wasantha Ramanayake The Attorney General yesterday undertook before the Supreme Court to direct the IGP to arrest suspects and detain the swimwear and the candles and any other merchandised Buddha images that were available in the market defiling and defaming the Buddha. Senior State Counsel Nihal Jayawardane also undertook to direct the Customs Director General to prohibit the import of any such merchandised Buddha images when the Fundamental Rights application against the import and sale of such products was supported before the court. The Bench comprised Chief Justice Sarath N. Silva PC, and Justices Nihal Jayasinghe and Raja Fernando. The SSC further submitted that the Attorney General would initiate amendments to be brought into the Consumer Affairs Act to prohibit the display of such items since it could not be prohibited under existing laws. The court also allowed the application by the petitioner's counsel to add the Foreign Minister as the fourth respondent to advance international opinion against the merchandising of the Buddha image. Petitioner Ven. Daranagama Kusaladhamma Thera, the chief prelate of the Sri Sambhodhi Viharaya, Colombo 7, cited the Inspector General of Police (IGP), the Director General of the Customs (DGC) and the Attorney General as the respondents. Counsel for the petitioner submitted that one of the petitioners Dayakas (patrons) had found an advertisement of a swimwear bearing the image of the Buddha being displayed on the breast and the crotch area of a model on the Internet, that was available in markets across the world especially in UK and the US. The counsel submitted that in case such swimwear is imported here, his client and Buddhists of the country in general would be gravely disturbed and emotionally troubled since they were unable to react legally. He further submitted that another Dayaka of the petitioner had found a candle made out of the image of the Buddha sold on the pavement of the Colombo Fort area. He submitted that when the candle was lit it would burn the image of the Buddha from head to toe. The counsel submitted that a series of audio compact discs depicting the Buddha image called "Buddha Bar" was sold in shops in Colombo. The counsel argued that the first and second respondents, the IGP and the Customs Director General were empowered under the Penal Code and Customs Ordinance, respectively, to detain such commercial products available in the market and to prohibit the import. He contended that inaction of the respondents were in violation of the petitioner's freedom of thought, conscience and religion and the freedom to practise it.Prashantha Lal de Alwis instructed by Maheshee de Alwis appeared for the petitioner. SSC Nihal Jayawardane appeared for the respondents. The hearing was fixed for August 25. |
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