By Shehan Chamika Silva
Colombo Additional Magistrate Dulani Amarasinghe today released Ven. Uduwe Dhammaloka Thera on bail after he surrendered in court in line with the arrest warrant issued previously by the Court due to his absence on the earlier date over the case filed against him for amplifying high level of noises using loudspeakers between 5 am to 6 am in the morning at Alan Mathiniyaramaya Temple in Polhengoda.
A personal complaint (lawsuit) had filed against Him in Colombo Chief Magistrate's Court earlier by four complainants on the allegation of high noise levels sustained by the residents living around the Alan Mathiniyaramaya Temple in Polhengoda due to the Loudspeakers operated by the temple.
Thera was subsequently released and his arrest warrant was recalled on an additional surety bail of Rs. 100,000.
When the case was taken up for consideration on last occasion, thera was not present in court. He was said to have traveled abroad by getting permission from the High Court over his other case going on over a violation under the Public Property Act.
Subsequently, Thera was warranted by the Magistrate because he had not obtained permission to travel abroad from the Magistrate’s Court over this particular case.
Complainants (residents) alleged that the exposure to such high level of noises constituted a health risk and therewere sufficient scientific evidence to prove that danger, and there by requested the Court to impose an appropriate order to prevent the Temple being continuously amplifying such high level of noises. The Complainants alleged that such high levels of noise amplifications had afflicted their physical and mental life in a disruptive manner.
In the Complaint, the residents said that they had on several times informed certain authorities and the chief incumbent of the temple, Dhammaloka Thera about the difficulty that they had to undergo, yet no actions were taken.
Complainants, Gavinda Jayasinghe, Dr Kalinga Kaluperuma, Diren R. Halok, Milinda Moragoda and Kamalesh Johnpillei had filed the personal case citing Ven. Dhammaloka thera as the defendant, in line with the section 98(1) of the Criminal Procedure Code seeking a court order for removal of the nuisance. This personal case was filed under section 136 of the Criminal Procedure Code where people are permitted to file complaints directly to a Magistrate without the prosecution.
Case was put off for April 5.
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