Action against Diyawadana Nilame:
SC suspends HRC recommendation
The Supreme Court on Monday issued an interim order suspending the
operation of the recommendation of the Human Rights Commission (HRC) and
any consequential orders against the Diyawadana Nilame of the Sri Dalada
Maligawa, Kandy.
Thus the recommendation of the HRC, declaring the rights of two
petitioners, Siri Shantha Vijaya Thera, Chairman, Organisation for the
Protection of National Resources, and its Chief Organizer Buddhika
Ushantha Dias, of Mawanella were violated by the failure of Buddhist
Affairs Commissioner Chandraprema Gamage, and Religious Affairs and
Moral Upliftment Ministry Secretary Premadasa Koddituwakku to take
action in terms of the Section 15 of the Buddhist Temporalities Act and
the recommendation directing them to take action in terms of the Act
against the Diywadana Nilame, the petitioner in the instant case, had
been stayed.
Petitioner Diyawadana Nilame of the Sri Dalada Maligawa, Nilanga Dela
Bandara complained to the court recommendations of the HRC was illegal
and had no force in law.
The petitioner stated that the recommendations of the HRC were in
violation of the natural justice since he had not been heard.
The petitioner stated that he had taken steps to distribute the Thai
Buddha statues in question among the rural temples on the directive of
Maha Nayaka Theras of Malwathu and Asgiri Chapters and with the approval
of the Thai donor.
However, petitioners stated in their petition to the HRC had
wrongfully and maliciously alleged that the petitioner had involved in
an unauthorised distribution of the Thai Buddha statues and that the 9
and 10 respondents, Buddhist Affairs Commissioner Chandraprema Gamage,
and Religious Affairs and Moral Upliftment Ministry Secretary Premadasa
Koddituwakku, have in turn failed in their duties as the permanent
trustee of the property of the Sri Dalada Maligawa.
The petitioner sought a declaration that his Fundamental Right to
Equality and Equal protection of the law as guaranteed to him by the
Constitution have been infringed by the HRC, its Chairman, the members
and the inquiry officer.
The petitioner cited 13 respondents including the HRC, its Chairman
and members Inquiry Officer Ranil Abeynayeke and two petitioners in the
HRC case, Siri Shantha Vijaya Thera, Chairman, Organization for the
Protection of National Resources, and its Chief Organizer Buddhika
Ushantha Dias, of Mawanella.
Counsel Sanjeewa Jayawardane with Sandamalee Chandrasekera instructed
by Sudath Perera Associates appeared for the petitioner. Further hearing
was fixed for April 27.
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