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| Tuesday, 5 October 2004 |
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by Wasantha Ramanayake Offensive material to Buddhism was being uploaded to the Worldwide Web, counsel for petitioner Ven. Daranagama Kusaladhamma Thera informed Supreme Court when the Fundamental Rights application against the sale of merchandised Buddha images was taken up for hearing yesterday. The Bench comprised Chief Justice Sarath N. Silva PC and Justices Nimal Dissanayake and Shiranee Thilakawardane. The petitioner's counsel Prashantha de Alwis submitted that he had found that offensive material to Buddhism was being uploaded to the web when he browsed the internet. The counsel also moved to add IGP Chandra Fernando as the fifth respondent. Senior State Counsel Nihal Fernando submitted that the matter had been investigated and prosecution was pending against the offenders in terms of the Penal Code. The court directed the senior state counsel to file the relevant documents. Ven. Daranagama Kusaladhamma Thera, chief prelate of Sri Sambodhi Viharaya, Colombo 7, cited the Inspector General of Police, the Director General of the Customs and the Attorney General as respondents. The Thera stated that merchandised Buddha images such as swim wear, candles and CDs were available in the market. The Buddhists in general were gravely provoked and emotionally turbulent since they were unable to react legally. He argued that the IGP and the Customs Director General were empowered under the Penal Code and Customs Ordinance, to detain such commercial products in the market and to prohibit the import. He contended that the respondents' inaction were in violation of the petitioner's freedom of thought and conscious and religion and the freedom to practise it. Prashantha Lal de Alwis with Binara Gunasekera and Amal Randeniya instructed by Maheshee de Alwis appeared for the petitioner. Senior State Counsel Nihal Jayawardane appeared for the respondents. The application was listed for mention on November 15. |
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