Motor Traffic Commissioner's appeal against Court of Appeal order:

Supreme Court reserves order

Wasantha RAMANAYAKE

The Supreme Court yesterday reserved the order in the appeal by the Motor Traffic Commissioner against the Court of Appeal order in favour of a Buddhist monk who filed a Writ Application challenging the Commissioner's decision not to issue him a driving licence.

The Bench comprised Justice Nimal Gamini Amaratunga, Justice K.Sripavan and Justice (Mrs.) Chandra Ekanayake.

Counsel A.P. Niles for the petitioner submitted that it was not necessary to dismiss the application merely on the ground that the Commissioner of Buddhist Affairs had not been made a party. He argued that the Court could make the Commissioner a party to the case and then the Court of Appeal could resume the hearing. He made the submission when the respondents argued that the case in the Court of Appeal should be dismissed on that basis.

Senior State Counsel Janak de Silva contended that the Court of Appeal had erred in law by concluding that the Commissioner of Buddhist Affairs was not a necessary party to the case in the Court of Appeal. The SSC further argued that the Commissioner should have been made a party since the Commissioner had sufficient legal interest in the matter under Article 9 of the Constitution which gives Buddhism the foremost place.

Petitioner's Counsel A.P. Niles submitted that the respondent Motor Traffic Commissioner should not have refused issuing the licence to the petitioner since he had fulfilled all the requirements. He argued that the petitioner was the Chief Incumbent of Sri Shakyamuni Viharaya, Waskaduwa who is also an assistant Principal who teaches Buddhist Civilization and Computer Science to Advanced Level students in the Moratuwa Maha Vidyalaya.

The counsel submitted that the petitioner's routine demands him of frequent traveling which compelled him to have his own vehicle but could not afford to have a driver.

The counsel also submitted that in an earlier instance also a Buddhist monk had been issued with a driving licence.

Justice Amaratunga queried the counsel whether or not a Registrar of Marriages was duty bound to register a marriage between a woman and a man who was in yellow robes. He argued that the petitioner had all the prerequisites to be granted a driving licence on the application.

The respondent Motor Traffic Commissioner appealed against the order of the Court of Appeal dated July 20, 2007 that decided to hear the case over ruling the preliminary objection taken by the Motor Traffic Commissioner that the petitioner should make the Buddhist Affairs Commissioner a party to the application. He sought to dismiss the case of the petitioner in the Court of Appeal.

Petitioner Ven. Dr. Paragoda Wimalawansa Thera, the Chief Incumbent of Sri Shakyamuni Viharaya, Waskaduwa filed the case in the Court of Appeal in October 2004 challenging the decision of the Motor Traffic Commissioner who had refused to issue him a licence.

Counsel Uditha Igalahewa appeared for the inconvenient-petitiners.