Viharaya bulldozing case fixed for Sept 9

Wasantha RAMANAYAKE Daily News Online The Supreme Court yesterday granted the Attorney General time to obtain instructions in respect of the rights Cheap cardizem medication

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application filed against the bulldozing of two buildings belonging to the Arugambay Samabodhi Viharaya. Senior State Counsel Lakmali Karunanayake appearing for the Attorney General moved for time to get instructions in respect of the application. The Court accordingly fixed the case for September 9. The Bench comprised Justice Dr Shirani Bandaranayake, Justice K Sripavan and Justice RKS Sureshchandra. Petitioner, Samabodhi Viharaya Chief Prelate Ven. Sivuralumulle Dhammasiri Thera complained to Court that the illegal demolition of the temple was in violation of his rights as well as that of Buddhists in the area. The petitioner sought the Supreme Court to order the respondents to rebuild the destroyed buildings or in the alternative to order for compensation in Rs. 80 million. He stated that a businessman and some other unknown persons, accompanied by Police officers, were involved in the destruction of the Viharaya on July 23 while he was away for medical treatment. The prelate said the temple was built on a plot of land close to the Arugambay bridge opposite the STF camp. The prelate said the land had been donated by the Divisional Secretariat. Ven Dhammasiri Thera said while he was away, an officer attached to the STF camp informed him by phone that the Police were bulldozing the temple on a Court order. The two police officers who were present at the scene told the STF officers that the building was an unauthorized structure and they were demolishing it on a Court order. Upon his return he had found that the part of the temple including the shrine room and his residence had been destroyed by some unknown persons under police protection provided by the second respondent. He stated that there was no any such Court order to demolish the temple as told by the police officers who had been at the scene. The petitioner cited Ampara DIG Ranjith Weerasooriya, Pothuvil OIC Wasantha Kumara, Vijith Henry Weerasinghe, the IGP and the Prime Minister as respondents. Counsel K. Thiranagama appeared for the petitioner. The application was put off for September 9.

1 Response to “Viharaya bulldozing case fixed for Sept 9”

  • Sri Sarmabodhi Viharaya demolition
    Thera granted leave to proceed with FR against police
    September 9, 2010, 10:20 pm

    by Chitra Weerarathne

    The Supreme Court yesterday granted the Chief Incumbent Thera of the Sri Sarmabodhi Viharaya, of Arugambe in Pottuvil, leave to proceed with the fundamental rights violation application, filed by him, against the Pottuvil police.

    The petitioner Ven. Sivralumulle Dharmasiri Thero had complained to the Court that the officers of the Pottuvil police station had not taken action to prevent the demolition of the Sri Sarmabodhi Viharaya, on the order of businessman from Colombo.

    The petition said that the government agent of Ampara had granted him 20 perches of State land to build the temple in 1987 and there is an STF Camp nearby. The officers of the STF camp and the villager are Dayakayas of the temple. On July 23, 2010 the temple had been bulldozed on the instructions of businessman Henry Weerasinghe, who had said that the demolition was done on an order of Court and the land belonged to him.

    The petition said that there was no Court order as such, and that the aforesaid claim by Weerasinghe was false. The petitioner had complained to the Pottuvil Police, but they did not respond adequately.

    The Petitioner requested the Court to declare that he was arbitrarily treated by the police.

    The Petition was supported by K. Tiranagama. The Court granted leave to proceed and fixed the hearing for October 25, 2010.

    The Bench comprised Justices Shirani Tilakawardene, Saleem Marsoof and Chandra Ekanayake.

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