The Appellate Court has ordered the reinstatement of the six-year prison sentence imposed on General Secretary of the Podupala Sena, Kalakoda Gnanasara Thera.
This order was issued on October 5 to carry out the remaining term of the prison sentence which had been suspended by the President’s amnesty. Thus the issue of Gnanasara Thera’s imprisonment has again become an important legal action.
This action is related to the punishment given in the contempt of court case. In 2016, Gnanasara Thera was accused of obstructing court proceedings when journalist Prakeeth Egnalikoda’s disappearance case was taken up for trial in Homagama Magistrate’s Court.
In 2018, the Court of Appeal found him guilty and sentenced him to 19 years of rigorous imprisonment, to be served in six years. He was later released from prison following a presidential pardon granted by former President Maithripala Sirisena.
However, the legal issue regarding the amnesty later reached the High Court. After the High Court ruled that the amnesty was unconstitutional, the move to reinstate the earlier sentence was brought forward.
Following this, proceedings were initiated to bring Gnanasara Thera to court.
Gnanasara Thera was warranted, arrested and presented in court
At the end of September, the Appellate Court had issued a warrant to arrest Gnanasara Thera and bring him before the court. The order was reportedly issued in absentia.
The police then started searching for him. Later, reports surfaced that Gnanasara Thera was arrested in an ashram located in the forest area of Diniyawala, Kalutara.
After his arrest, he was taken to the Colombo Crime Squad. Thereafter steps were taken to present it in court.
He was produced before the Court of Appeal on October 5. He was brought before the court by the jail authorities, where the next phase of the legal proceedings against him was decided.
Meanwhile, another matter related to this case has attracted attention. Gnanasara Thera’s lawyer had earlier informed that he could not appear in court due to ill health. It was also reported that he underwent surgery. But questions were raised in the court about the medical documents corroborating the claim.
Meanwhile, another case against him is pending in the Colombo High Court. The case has been filed in relation to allegations of insulting Islam. Reports also suggest that an arrest warrant was issued after he failed to appear in court.
Thus, the legal proceedings surrounding Gnanasara Thera are not limited to a single case but continue to be various court proceedings.
Legal changes after the amnesty was revoked
An important turning point in the current imprisonment of Gnanasara Thera was the High Court verdict on the amnesty granted by the former President.
Gnanasara Thera, who was released without serving a jail term due to an amnesty, has since faced a retrial after the amnesty was legally challenged. After the High Court declared the amnesty invalid, the main question before the court was how to implement the sentence already awarded.
The issue has drawn attention beyond an individual’s case to the legal relationship between the president’s amnesty power and court rulings.
Now that the Court of Appeal has ordered the reinstatement of the six-year prison sentence, Gnanasara Thera has to serve the prison sentence again.
In the background of this case are the court proceedings related to the disappearance of Prakeet Eknalikoda. The events that took place in the court hearing the case formed the basis of the contempt of court charges against Gnanasara Thera.
Due to this, this legal matter which has been going on for many years has now reached a critical stage again.
Meanwhile, the news of Gnanasara Thera’s arrest and imprisonment has drawn attention at the political and social level as well. Since he is known as a prominent Buddhist monk who has commented on various controversial issues in the past, every new move regarding his legal status receives widespread attention.
In the present case, the six-year sentence imposed earlier has been reinstated as per the order of the Court of Appeal. With this, the punishment suspended by the presidential amnesty has been reinstated.
The next step is to proceed with the implementation of the prison sentence. Meanwhile, other pending cases against Gnanasara Thera will be taken up in separate courts.
His legal battle is not yet over. Especially the new order in the contempt of court case and the progress of other cases are matters of importance in the next phase.