Former President Maithripala Sirisena yesterday (19) issued a special statement explaining the “technical error” cited in a court ruling that led to the re-imprisonment of Bodu Bala Sena General Secretary Ven. Galagodaaththe Gnanasara Thera, offering an unconditional apology to the Buddhist clergy over the error.
Sirisena said he issued the statement in response to questions raised by Buddhist monks, journalists and the public regarding the matter.
He said he fully respected the court’s decision and considered it correct. According to the ruling, a technical error had occurred in the documents submitted by the President’s Office to the court in connection with the process to secure Gnanasara Thera’s release.
Two cases against Thera had been heard before the Homagama Magistrate’s Court. These involved allegations of obstructing court proceedings and contempt of court under Article 105 of the Constitution. The cases were registered under numbers 37417/10 and 40042.
Sirisena explained the documents relating to the pardon in the two cases should have been forwarded to the Ministry of Justice and Prisons for approval.
Although the then Additional Senior Secretary in charge of the Legal Division of the President’s Office had informed him of this requirement, the relevant request had not been forwarded to the Ministry, he said. As a result, only his signature had been obtained without the Ministry’s approval.
Sirisena said he had been misled in the process and that errors made by officials serving in his administration at the time had resulted in Gnanasara Thera being imprisoned again.
According to the statement, the legal proceedings followed a complaint filed in court by Sandhya Eknaligoda, wife of missing cartoonist Prageeth Eknaligoda, through a non-governmental organisation associated with Dr Paikiasothy Saravanamuttu.
Sirisena said he uncovered these details after carefully examining a copy of the relevant court ruling. He subsequently offered an unconditional apology to the Buddhist clergy over the mistake made by the officials involved.