COLOMBO
Indika Thotawatta, who was arrested and remanded for insulting Islam and causing religious disharmony was produced to the Magistrate’s Court of Maligakanda Friday, October 20
The CID Cyber Crimes Division informed Court that the advice of the Attorney General has been sought with regard to bringing charges against the suspect under the ICCPR Act and the advice was yet to be received. As such, the CID sought a further extension of the remand custody of the suspect.
Appearing for the some of the original complainants and aggrieved parties, Senior Counsel Shiraz Noordeen with Counsels Mass Usuf, Mohamed Anwer, Pasan Weerasinghe and M. K. M. Farzan made submission highlighting the past conduct of the suspect where he has publicly made several other defamatory statements against several religions. Further attention was brought to highlight how the suspect has not yet shown any remorse for his actions. However, Mr. Noordeen submitted that the Muslim Community, in line with the teachings of the Qur’an and the life of holy prophet, is willing to extend mercy to the suspect should he express remorse and avoid making similar statements in the future. Mr. Noordeen demonstrated to Court how the Holy prophet has been subjected to ridicule and insult during his lifetime and how he rose above such enmity and Insults in the most forgiving manner. Mr. Noordeen also quoted the ‘Akkosa Suthraya’ from Dhamma Pada and how Lord Buddha dealt with such insults.
Upul Kumarapperuma Appearing for the suspect submitted that the relevant videos have since been removed and the suspect is repentant on his statements and that he is willing to abstain from making derogatory beliefs against religions. Kumaraperuma conceded that his client is limited to the use of four senses and as a result, sometimes he cannot control his vocabulary. He further thanked the Counsels and the aggrieved parties for the degree of tolerance shown in this issue.
Having heard all parties, Magistrate Lochanee Weerasinghe ordered the suspect to be released under strict bail condition and ordered the suspect to not engage in making derogatory statements against any religions. The Honourable Magistrate further observed that citizens indeed have a right to engage in intellectual religious debate, but such entitlements should not be abused to insult religious beliefs of others. Hon. Judge observed that the manner in which the Muslim Community is dealing this case is exemplary and need to be applauded.
The case will be called again on 19/01/2024 to consider advise of the Attorney General.
