Colombo High Court has ordered the release on bail of Ven. Galagoda Aththe Gnanasara Thero, the General Secretary of the Bodu Bala Sena (BBS), who was serving a nine-month suspended prison sentence for making derogatory remarks about Islam.
The ruling was issued today (February 25) by Colombo High Court Judge Mapa Bandara, following a revision petition filed by Gnanasara Thero, requesting bail while his appeal against the sentence was under review.
As per the court’s order, Gnanasara Thero was granted bail under a cash bond of Rs. 50,000 and two sureties of Rs. 1 million each.
Background of the Case
Gnanasara Thero was found guilty by the Colombo Magistrate’s Court on January 9, 2024, for making statements that were deemed insulting to Islam during a media conference held in Colombo in 2016. He was sentenced to nine months of suspended imprisonment and fined Rs. 1,500 under Section 291 of the Penal Code, which criminalizes acts that incite religious disharmony.
Following the verdict, Gnanasara Thero appealed the decision at the Colombo High Court and simultaneously filed a petition seeking bail until the appeal process was concluded. However, the Magistrate’s Court initially rejected his bail request.
Legal Arguments for Bail
During today’s hearing, attorneys representing Gnanasara Thero, including Sanjaya Ariyadasa, Iresh Senewiratne, and Gamini Alwis, argued that the Magistrate’s Court had erred in rejecting bail. They cited Section 19(2) of the Bail Act, stating that an appeal against a conviction allows for the granting of bail unless the offense is of a severe nature.
They further contended that the Magistrate’s decision to deny bail on the grounds of ‘lack of exceptional circumstances’ was legally flawed. The state counsel representing the Attorney General’s Department also acknowledged that bail should be granted under the relevant legal provisions.
After reviewing the presented arguments, Judge Mapa Bandara ruled in favor of releasing Gnanasara Thero on bail.
Controversial Remarks and Legal Proceedings
The charges against Gnanasara Thero stemmed from statements made during a media briefing in Kirulapone on July 16, 2016, where he allegedly referred to Islam as a ‘cancer that should be eradicated.’ These remarks led to his prosecution under the Penal Code for inciting religious disharmony.
Subsequently, in December 2024, the Colombo Magistrate’s Court issued an arrest warrant after Gnanasara Thero failed to appear in court for the scheduled verdict announcement. His legal representatives later informed the court that he had been receiving medical treatment at the Sri Jayewardenepura Hospital at the time.
On January 9, 2025, the Magistrate’s Court delivered the verdict, sentencing him to nine months of suspended imprisonment along with a fine of Rs. 1,500.
Next Steps
With the bail granted, Gnanasara Thero will remain free until the appeal process is completed.
