UNP parliamentarian Dr. Jayalath Jayawardena has complained to the Human Rights Commission of Sri Lanka that while he was praying at the Shrine of Our Lady of Madhu, he was asked to leave the sacred precincts by the army.

In a petition submitted to the Commission through attorney-at-law Priyalal Sirisena instructed by Desmond Fernando, P.C., Dr. Jayawardena says that Major General Lalith Daulagalla had asked him to leave immediately as the Defence Secretary had not granted permission for him to stay in the Shrine.

He says that he is a medical doctor, a member of parliament since 1994 and served as Minister of Rehabilitation, Resettlement and Refugees during the period 2002 to 2004.

He and his family are staunch Roman Catholics. His piety has been recognised by the Roman Catholic Church and His Excellency The Apostolic Nuncia of Sri Lanka arranged for him and his family to be present at Midnight Christmas Mass in December 2006, celebrated by His Holiness in Rome.

Dr. Jayewardena said that for the last sixteen years, he has been making annual pilgrimages to the Madhu Shrine in August. He has annexed a statement to this effect by His Lordship the Bishop of Mannar to his petition to the Commission.

He says that Major General J. Jayasuriya in is letter dated 07th May 2008 to the Most Reverend D. Rayappu Joseph, Bishop of Mannar states that "We are also taking all steps to secure further away from Madhu Church areas and move our defence beyond 2.5 km so that there will be no presence of security forces personnel in the surroundings".

On 1st August 2008 Dr. Jayawardena wrote to the Defence Secretary regarding his intended visit to Madhu on 14th August 2008. A reminder was sent on 07th August 2008 saying that he had not received a reply to his earlier letter.

He wrote a further letter to on 12th August stating that he would be going with:

The Right Reverent Father Sunil de Silva, Secretary to the Archbishop of Colombo and Rev. Father Siri Cooray, St. Peter’s Branch School, Udugampola.

The UNP MP states that on 13th August 2008 his Secretary received a copy of the letter from Colonel D. S. Weeraman of the Ministry of Defence, Public Security Law and Order to the Chief of Defence Staff. The 2nd paragraph of the letter stated that "However this Ministry has not approved his request to stay overnight at Madhu Shrine."

Dr. Jayawardena says that at approximately 7 p.m. on 14th August 2008, while he was praying in the Church, a soldier informed him that the General who was in the Mission House wishes to speak to him. He then went to the Mission House and Major General Lalith Daulagalla informed him that he had to leave at once as The Secretary, Ministry of Defence had not given him permission to stay there. He is an Opposition Member of Parliament. He thereupon left Madhu Shrine and stayed at the Bishop’s House Mannar for the night and then returned to Madhu the following morning. He again spent the night of the 15th August at the Bishops House and returned to Madhu Shrine on 16th August.

He complained that the refusal to permit him to stay the night at the Madhu Shrine and his being interrupted while he was in prayer is a violation of his rights set out in article 12(1) of the Constitution.

He claims that his fundamental rights have been violated by executive or by administrative action.

Dr. Jayawardena has appealed to the Commission to conduct an immediate inquiry into this complaint, declare the fundamental rights of the complainant, guaranteed by the Constitution have been violated, and recommend to the authorities that he and other Roman Catholic pilgrims be permitted to stay at the Madhu Shrine to take part in evening religious ceremonies and prayers.