Ven. Galagodaatte Gnanasara Thera will not be produced before court on Friday, the Commissioner General of Buddhist Affairs has said — while the sit-in demanding his release entered its eighth day in Colombo.

Commissioner General R.M.G. Senaratne said the monk would not be produced on the 23rd, following a notification that his appearance was not required, Hiru News reported. He said he had conveyed this to the Mahanayake of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha.

The Department of Prisons said separately that the court had informed it that producing the monk on Friday was not necessary. The case — over an alleged statement insulting Islam — was due to be taken up before the Colombo High Court the same day.

Update: he was produced after all — by WhatsApp — and the High Court ruled on the robe

The morning’s position did not hold. The case was taken up before the Colombo High Court on Friday and Gnanasara Thera was produced, by WhatsApp video call, the Daily Mirror reported at 4.20 p.m.

Prison authorities had filed a motion two days earlier saying the accused would be produced by electronic means, citing the tense situation arising from the incident and concerns about possible disturbances. The video call was used because the equipment needed for full electronic proceedings could not be obtained.

The Commissioner General’s statement above, and the Department of Prisons’ account of being told the monk’s appearance was not required, were both filed earlier in the day and are left as reported.

The robe question — the court says it cannot order it

On Tuesday the 20th, Buddhasasana Minister Hinidum Sunil Senevi said steps would be taken to return Gnanasara’s robe to him on the next court date. That did not happen, and the High Court has now said the matter is outside its power.

High Court Judge Buddhika C. Ragala observed that the court had no authority to issue an order on reinstating the robe, which was removed by prison officials.

Senior Counsel Asoka Weerasooriya, for the accused, told the court that the Kotte Mahanayake Thera had made a prior written request to prison authorities for the ceremonial reinstatement of the robe in accordance with Buddhist tradition and without breaching prison regulations, and that the authorities had not responded.

“Although I am not a Buddhist, this is a reasonable request from the perspective of Buddhist religious practices. My client is not an organised criminal.”

The judge’s objection was to the precedent rather than the request. A large number of Buddhist monks are serving prison sentences, he noted, and all would be affected if this were treated as a basis for similar arrangements:

“There are many other Buddhist monks serving prison sentences for various offences. Would that mean that all those monks would have to be robed by the Mahanayake Theras before being produced in court for further proceedings?”

Petitions seeking an order invalidating the prison authorities’ decision to remove the robe are to be recalled before the Court of Appeal on the 18th of next month. The High Court’s position does not dispose of those.

A plea agreement is now on the table

The court directed both parties to make submissions at the next hearing on the possibility of reaching a plea agreement under the Code of Criminal Procedure (Amendment) Act No. 50 of 2024.

That is the first indication that the case may be resolved by negotiation rather than trial. The Attorney General brought the case under the Penal Code, alleging that remarks Gnanasara made concerning the Holy Quran insulted Islam.

Senior Counsel Asoka Weerasooriya appeared with counsel Sanjay Marabe and Pasan Karunarathna for the accused. State Counsel Supun Ranasinghe appeared for the Attorney General.

Eighth day at the park

The satyagraha by monks and others at Viharamahadevi Park continued for an eighth day on Friday, Hiru reported separately. Police arrived on Thursday night and told those taking part to refrain from remaining at the site, acting on a court order obtained by Kurunduwatta Police. Hiru described the scene at that point as tense.

NewsFirst, which names the station by its English designation Cinnamon Gardens Police, reported that the order was read out to the group and that the monks and others continue to remain at the park. It describes Gnanasara as serving a prison sentence for contempt of court.

Attorney Udaya Gammanpila, leader of the Pivithuru Hela Urumaya, filed a complaint with Kurunduwatta Police stating that some of those taking part in the satyagraha had been arrested.

This follows Thursday’s reading of the vacate order, after which police withdrew without removing anyone, and the sixth-day protest and Asgiri intervention earlier in the week.

Later on Friday the Colombo Chief Magistrate refused to vary the vacate order and also refused the Attorney General’s request for arrest warrants, leaving the order standing and unenforced.