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| Friday, 18 June 2004 |
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| Enjoining Order on Ven. Akmeemana Dayarathana Thera by Ranga Chandrarathne An Enjoining Order restraining Ven. Akmeemana Dayarathana Thera from taking oaths and functioning as a Member of Parliament until June 25, 2004, was yesterday served on him at his temple at Anagarika Dharmapala Mawatha, Dehiwela. The order was sequel to an application by President's Counsel, Wijedasa Rajapakse to extend the Enjoining Order. District Judge S.M.S. Samarakoon also ordered second respondent, Ven. Omalpe Sobitha Thera and fourth respondent Ven. Uduwe Dhammaloka Thera to file objections and answer. Earlier, the Judge issued an Enjoining Order restraining the newly nominated Bhikkhu from the Jathika Hela Urumaya, Ven. Akmeemana Dayarathana Thera from taking oaths as a JHU MP in Parliament. The Order was operative for one week from June 4, 2004. The JHU nominated Ven. Akmeemana Dayarathana Thera in place of Ven. Kataluwe Ratanaseeha Thera, who claimed to have resigned from his Parliamentary seat. In his submission to Court, the Bhikkhu said he was forced to resign from his Parliamentary seat. In this case, Ven. Kathaluwe Rathanaseeha Thera has cited Patalee Champika Ranawaka, Ven. Omalpe Sobhitha Thera, Ven. Kolonnawe Sumangala Thera, Ven. Uduwe Dhammaloka Thera, and Ven. Akmeemana Dayarathana Thera as respondents. In his submission, Ven Kathaluwe Rathanaseeha Thera stated that on the first day of the new Parliament where the Speaker was elected, he along with Ven. Aparekke Pagnanasekara Thera voted with the UPFA Government. On May 12, 2004 while the plaintiff was at Moratuwa Sri Sambuddha Viharaya, the second, third and fourth respondents and the JHU leader had abducted him and forced him to sign some documents. In the presence of the second and the third respondents, the plaintiff further states, that he had handed over the documents to Speaker W.J.M. Lokubandara at his Chambers. The plaintiff stated that he had also been detained at a house in Pelawatte. The plaintiff stated that the second and the third respondents had taken him to the Speaker's Chambers, where the Secretary-General of the Parliament, Priyani Wijesekara and the fourth respondent were also present. The third respondent had handed a document over to Speaker Lokubandara. The Speaker then asked: "Is this the letter?" and the third respondent answered in the affirmative. Among other matters, the plaintiff prayed to declare that he has not vacated his seat in Parliament and also to declare the alleged letter of resignation that the Secretary General of Parliament had accepted and the Gazette issued by the Commissioner of Elections on May 19, 2004 are null and void. |
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