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SC dismisses FR application of University Bhikkhu Front convenor
The Supreme Court on Wednesday (23) unanimously refused to grant leave to proceed, and dismissed the Fundamental Rights Application filed on behalf of the Convenor of the Inter-University Bhikkhu Front (IUBF), Ven. Galwewa Siridhamma Thera, against his detention under the Prevention of Terrorism Act (PTA).
The Fundamental Rights Applications of the petitioners Ven. Siridhamma Thera and Jeewantha Gunathilaka were taken up together for consideration before Justices S. Thurairajah, Mahinda Samayawardhana and Priyantha Fernando.
M. A. Sumanthiran, P.C., appearing for Ven. Siridhamma Thera submitted that his client had been charged under the PTA when it could have been done under normal law, and that terrorism charges were not justified.
State Counsel Shaminda Wickrema, appearing for the AG, vehemently denied this position, and submitted that investigations had revealed that the petitioner monk had engaged in illegally entering public institutions, causing damage to public property and inciting members of the public. These acts are considered serious offences under the PTA since they were committed in aid of accomplishing governmental change by use of force or the commission of crime.
As sufficient evidence was available against the petitioner, the police took action to obtain detention orders under the PTA and conduct further investigations, State Counsel Wickrema stressed.
The 3-Judge Bench unanimously refused leave to proceed on the application of petitioner Ven. Siridhamma Thera. Leave to proceed was granted on the application of Jeewantha Gunathilaka.
M. A. Sumanthiran, P.C. and Upul Jayasuriya, P.C. appeared for the petitioners Ven. Siridhamma Thera and Jeewantha Gunathilaka respectively.
State Counsels Shaminda Wickrema and Thusara Warapitiya appeared for the respondents
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