Ven. Elle Gunawansa files appeal to dismiss Pastor Jerome’s petition

Venerable Elle Gunawansa Thera and a group of persons, has submitted an appeal to the Court of Appeal, to dismiss the writ petition filed requesting to prevent the arrest of Pastor Jerome Fernando, who made a statement insulting Buddhism and other religions.

This request has been made by presenting objections to the petition submitted by Pastor Jerome Fernando requesting that the proceedings against him be suspended at the Fort Magistrate’s Court.

Venerable Elle Gunawansa Thero and three persons named as respondents in the relevant writ petition have submitted these objections through attorney Ashoka Nivunhella.

The objections state that the pastor is trying to misuse the power of the Courts of this country by presenting various petitions from time to time while visiting foreign countries.

Pastor Jerome Fernando’s controversial statement undermining all other religions including Buddhism shows that he has committed an offense under the Penal Code and the Convention on Civil and Political Rights Act.

The objections state that he publicly apologized for the statement and thereby admitted that he had made a mistake and committed an offense.

The objections indicate that Natasha Edirisuriya and Rajanganaye Saddhatissa Thera, who made insulting statements about Buddhism, were also arrested by the Criminal Investigation Department and remanded in custody and have now been released on bail.

It has been pointed out that the Fort Magistrate’s Court has given an order to arrest this pastor, and this petition has been submitted through the Criminal Investigation Department to prevent the implementation of that order.

These objections have mentioned that the petitioner is trying to get legal permission to bypass the court by stating that he did not commit any offense under the Convention on Civil and Political Rights Act.

The objections also state that if the pastor had not committed an offense as stated in his petition, he can come to Sri Lanka and support the investigation without bypassing the law. However, it is said that he is trying to avoid the court by staying abroad and not assisting in the investigations.

Therefore, as the petitioner, the pastor cannot be granted the relief requested by the court, the petition has been requested to be dismissed at the first instance.

Facts had been reported to the Fort Magistrate’s Court against pastor Jerome Fernando after there was a huge controversy that he had made a statement insulting Buddhism and other religions during a religious service.

He had already gone abroad when the court had given permission to the Criminal Investigation Department to arrest him. Ven. Elle Gunawansa Thera, had filed a Fundamental Rights petition at the Supreme Court demanding the arrest of this pastor and then Pastor Jerome Fernando had also filed a Fundamental Rights petition requesting to prevent his arrest.

Pastor Jerome Fernando then filed a writ petition with the Court of Appeal without mentioning the FR petitions, which was later withdrawn by his lawyers. Pastor Jerome Fernando then presented this writ petition back to the court.

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