Noise pollution: Arrest warrant on Uduwe Dhammaloka Thera

By Shehan Chamika Silva

An arrest warrant was issued on Ven. Uduwe Dhammaloka Thera as he was not present in court when a noise pollution case filed against him for the high level of noise emanating between 5.00 a.m. and 6.00 a.m. from the loudspeakers of the Alan Mathiniyaramaya Temple in Polhengoda was taken up for consideration.

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.

When the case was taken up for consideration, thera was not present in court. Thera was said to have travelled abroad getting permission from the High Court on his other case which is under Public Property violation but had not obtained permission from Magistrate to travel abroad over this case.

Complainants (residents) alleged that the exposure to such high level of noises constituted a health risk and there were 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.

The case was put off for April 5.