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BYPASSING PRISON LAWS REJECTED BY PRESIDENT AT MAHA SANGA MEETING

President rejects bypassing prison laws at Maha Sangha meeting


– President Anura Kumara Dissanayake said he would not issue orders to bypass existing prison laws and regulations, stressing that any provisions found to be unsuitable should instead be amended through the proper legal process.The President made the remarks during a special discussion with the Maha Sangha at the Presidential Secretariat today (8), following concerns over the Department of Prisons’ decision to remove the robes of Ven. Galagodaaththe Gnanasara Thero and present him before court in lay attire.

The discussion was held to consider a letter submitted by the Mahanayake Theros to the Commissioner-General of Prisons, the situation that had arisen in society following the incident and measures to prevent similar incidents in the future.President Dissanayake said he was not prepared to issue an order directing officials to act contrary to existing laws.“I do not wish to issue an order saying, ‘Although the law exists in this form, do this instead.’ In such a situation, the law is set aside and it becomes my law. My personal wishes should not become the law,” he said.He said that if existing laws were no longer appropriate to present circumstances, the proper course of action was to amend them through the established legislative process rather than implementing them according to the wishes of individuals.

“Laws are not eternal or unchanging historical entities. They are regularly amended,” the President said.President Dissanayake said the current prison system was governed by the Prisons Ordinance enacted in 1877, regulations issued by the Minister and standing orders issued by the Commissioner-General of Prisons with ministerial approval.He said most of the existing provisions had been formulated with ordinary prisoners in mind, with only limited provisions specifically referring to Buddhist monks.The President said the government would therefore review the existing regulations and prison standing orders to determine whether amendments were necessary to address the circumstances involving Buddhist monks.

He said a committee would be appointed comprising representatives of the Attorney General’s Department, Ministry of Justice, Ministry of Public Administration, Ministry of Buddhasasana Affairs, prison officials and the Commissioner-General of Prisons.The committee would study the matter and submit proposed amendments within two weeks, he said.President Dissanayake said the provisions affecting Buddhist monks would be discussed with the Maha Sangha before amendments were made.

He also said the issue should not be limited to the treatment of monks inside prisons, but should also cover occasions when they are taken outside prison premises, including for court proceedings.He said that while prisons were closed environments, monks taken outside prison premises were exposed to the media and the general public.

The President said prison officials had acted according to the existing laws and regulations and that there was no purpose in blaming them for following the applicable procedures.He acknowledged that the incident had been deeply distressing for Buddhists and the Maha Sangha, particularly when a monk whom devotees had respectfully paid homage to was subsequently seen in lay attire.However, he said the incident had also highlighted the need to review laws that had been formulated for general circumstances. “New rules should be formulated regarding the manner in which Buddhist monks are held when imprisoned and the manner in which they are taken outside the prison,” he said.

The President said that any new provisions should apply to the prison system as a whole and should not be formulated to target or favour any particular monk.The Maha Sangha representing the three Nikayas expressed their appreciation to the President for taking steps to address the matter and provide a solution.Minister of Buddhasasana, Religious and Cultural Affairs Dr. Hiniduma Sunil Senevi and Minister of Justice and National Integration Harshana Nanayakkara also participated in the discussion.

 



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