Cases against Diyawadane Nilame stayedJuly 4, 2012, 10:11 pm
By Cyril Wimalasurendre
KANDY – Central Provincial High Court Judge of Kandy Manilal Waidyatilake yesterday (04) stayed all Court proceedings initiated at the Kandy Additional Magistrate’s Court with regard to four cases filed by a former Basnayaka Nilame against the incumbent Diyawadana Nilame Pradeep Nilanga Dela.
High Court Judge Waidyatilaka recorded the order after considering an application by the Diyawadana Nilame, of the Sri Dalada Maligawa, Pradeep Nilanga Dela. The Court Registrar was ordered to send the stoppage order to the Registrar of the Additional Magistrate’s Court.
The Judge’s order was sequel to the Submissions by Tilak Marapana PC, senior attorney for Diyawadana Nilame.
The four cases were filed in the Additional Magistrate’s Court by a former Basnayaka Nilame Sudantha Senanayaka, stating that the Diyawadana Nilame had failed to forward the financial accounts of the Sri Dalada Maligawa to the Buddhist Commissioner in accordance with the Buddhist Temporalities Act.
Marapana, PC, in his submissions told court that the authority to file action against any lapses in submitting of accounts under the Act was none other than the Buddhist Commissioner General. The four cases filed in the Additional Magistrate’s Court were by a private party on personal grounds.
The person who had filed the cases in the Additional Magistrate’s Court had so done to bring the Diyawadana Nilame into disrepute, Marapana said, stressing that the Diyawadana Nilame had already explained the reasons for the delay in forwarding the report of accounts to the Buddhist Commissioner.
The delay was due to the delay on the part of the chartered accountant who had to verify the accounts presented to him, Marapana said.
He told the Court that the petitioner, at the last election of the Diyawadana Nilame, had been a contestant who polled only four votes. Pradeep Nilanga Dela won the election.
The petitioner who filed four private plaints at the Additional Magistrate’s Court had the intention of tarnishing the image of the Diyawadana Nilame, Marapana said, pleading that the hearing of the cases at the Additional Magistrate’s Court be stopped.
High Court Judge Waidyatilaka, recording his order, issued notice on the petitioner, in the case in the Additional Magistrate’s Court’ to appear before the High Court on September 05.
Marapana, PC, with P. T. D. Jayasekara and Janaka Marapana on instructions of Nanda Gunaratne PC, appeared for the Diyawadana Nilame.
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