Supreme Court set aside HRC recommendation

WASANTHA RAMANAYAKE

The Supreme Court on Monday set aside the recommendation of the Human Rights Commission (HRC) and any consequential orders against the Diyawadana Nilame of the Sri Dalada Maligawa Kandy.

The Bench comprised Chief Justice Sarath N. Silva PC with Justice Ms. Shirani Thilkawardane and Justice K. Sripavan.

The court set aside the the recommendations of the HRC, that declared the rights of two petitioners, Siri Shantha Vijaya Thera, Chairman, Organization 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 Buddhist Temporalities Act and the recommendation directing them to take action in terms of the Act against the Diywadana Nilame, who was the petitioner in the instant case.

Petitioner Diyawadana Nilame of the Sri Dalada Maligawa, Nilanga Dela Bandara complained to the court that 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 natural justice since he had not been heard.

The petitioner stated that he had taken steps to distribute 25 Thai Buddha statues in question among rural temples on the directive of the Maha Nayaka Theras of Malwathu and Asgiri Chapters and with the approval of the Thai donator.

However, the petitioner stated that the two petitioners in their petition to the HRC had wrongfully and maliciously alleged that the petitioner had involved in an unauthorized distribution of the Thai Buddha statues and that the nine 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 has been infringed by the HRC, its chairman, the members and the inquiry officer.

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. The further hearing was fixed for April 27.