brand logo

Writer to file malicious prosecution claims, Shakthika discharged from MC case

10 Feb 2021

  • Damages sought from Polgahawela Police and monks

  By Ruwan Laknath Jayakody and Pamodi Waravita Writer Shakthika Sathkumara, who was enlarged on bail following his arrest and detention in remand over the alleged propagation of religious hatred and insult of a religion/religious beliefs of a class of persons, is presently considering taking necessary legal action to institute malicious prosecutions claims, seeking damages in the form of compensation from the Polgahawela Police Station that filed the case against him as well as the Buddhist monks who lodged a complaint against him at the Polgahawela Police Station. Sathkumara was discharged yesterday (9) from the case filed at the Polgahawela Magistrate’s Court (MC) by the Polgahawela Police, after the latter submitted a report from the Attorney General’s (AG) Department, where the AG had decided not to indict and prosecute Sathkumara and was of the opinion that Sathkumara should be discharged from the matter. Speaking to The Morning following the termination of the proceedings into the case, Attorney-at-Law Sanjaya Wilson Jayasekera, who along with Attorneys-at-Law Buddhadeva Gunaratne and C.W.W. Ratnayake appeared on behalf of their client, Sathkumara, at the MC yesterday, further added that in addition to the malicious prosecution claims seeking damages for himself and his family (eldest child having suffered psychological trauma as a result of the father’s arrest and detention), the Fundamental Rights (FR) petition (SC/FR/167/2019) already filed by Sathkumara which was granted leave to proceed by the Supreme Court, in which they have also prayed for damages, will continue. The case filed at the Polgahawela MC by the Polgahawela Police against Sathkumara on 22 September 2020 was put forward yesterday, pending the AG’s instructions on whether or not to file indictments. The case (B/7673/19) was filed against Sathkumara under Section 3(1) of the International Covenant on Civil and Political Rights Act No. 56 of 2007, as amended, for allegedly propagating or advocating religious hatred that constituted an incitement to discrimination, hostility, or violence (conviction carries a maximum term of 10 years rigourous imprisonment), while Section 291B of the Penal Code, as amended, for the alleged deliberate and malicious intention of outraging the religious feelings of any class of persons by words written, insults, or attempts to insult the religion or religious beliefs of that class (conviction carries a maximum term of two years imprisonment and/or a fine). Sathkumara, a 30-plus father of two, award-winning writer, Development Officer at the Polgahawela Divisional Secretariat, and a Wariyapola resident, was arrested by the Polgahawela Police on 1 April 2019, after a group of Buddhist monks had complained to them about a work of fiction authored by him, titled Ardha (Half/Partial), which was posted online on social media on his Facebook account, claiming that it insults, distorts, and disrespects Buddhism, the Buddha's character, and the Buddhist clergy.


More News..