A fundamental rights petition has been filed before the Supreme Court seeking an order preventing prison authorities from producing Bodu Bala Sena (BBS) General Secretary Ven. Galagoda Aththe Gnanasara Thera before courts in prison attire when he appears in connection with court cases.The petition was filed by retired Air Force officer Shantha Jayathilaka, naming the Commissioner General of Prisons, the Secretary to the Ministry of Justice and the Attorney General as respondents.

The petitioner has sought an order directing prison authorities to take necessary measures to produce Gnanasara Thera before courts clad in his bhikkhu robes.The petitioner has also sought a declaration that the decision to disrobe the Thera and produce him before court in prison attire violates the fundamental rights guaranteed under Articles 10, 12(1) and 14(1)(e) of the Constitution.

The petitioner stated that Article 9 of the Constitution requires the State to protect and foster Buddhism while according it the foremost place.The petitioner has further contended that Prison Standing Order 550 stipulates that, prior to conviction, an individual must be permitted to wear clothing corresponding to the style of dress he previously used.The petition also states that, under Buddhist disciplinary rules, a monk does not cease to be a monk merely because he has been found guilty of a secular criminal offence.Gnanasara Thera had originally been sentenced by the Court of Appeal to six years’ imprisonment for contempt of court over his conduct during proceedings at the Homagama Magistrate’s Court.The Supreme Court had subsequently annulled the Presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena, resulting in the enforcement of the remaining portion of the prison sentence imposed on him.