“Lack of uberima-fides is a fatal error”
SC Slams Two Monks for Misleading Court, Imposes Rs. 200,000 in Costs
The Supreme Court recently found that two Buddhist monks who filed a Fundamental Right Application, had deliberately misled the judiciary by concealing material facts. Dismissing the petition, the Court imposed costs totaling Rs. 200,000 on the petitioners—Rs. 100,000 to the State and Rs. 100,000 to the court.
The two Buddhist monks in their Petition said that they had resided at the Sri Sambodi Aranya Senasanaya in Sudukanda, Nikawewa for 13 years, were forced to leave the temple following a series of incidents. The monks alleged that they were forcibly dispossessed of the temple by Venerable Galporuyaye Pradeepawansa Thero, the third respondent in the case, with the assistance of local authorities.
The monks contended that the OIC of the Minneriya Police Station (1st Respondent) failed in his duties by not preventing the unlawful takeover of the temple and by not taking action against those involved. They further alleged that the Divisional Secretary of Hingurakgoda (2nd Respondent) did not conduct a proper inquiry into the rightful possession of the temple, thus contributing to their dispossession.
The respondents argued that the monks were not fully ordained (Upasampada Bhikkus) and did not belong to any recognized Buddhist order in Sri Lanka, casting doubt on their authority to claim possession of the Nikawewa Sri Sambodhi Aranya Senasanaya temple.
The temple in question, situated on state land, had not been legally registered under the Buddhist Temporalities Ordinance and was originally associated with another registered temple under the Asgiriya Chapter. The respondents contended that the petitioners lacked any lawful authority or recognized claim over the temple.
The respondents also highlighted significant opposition from the local community, noting that the majority of villagers opposed the petitioners due to their non-compliance with traditional Buddhist practices, which had created tensions.
The Supreme Court found that the monks had misrepresented facts, including their recent ordination and entry into the temple, undermining the credibility of their case.
Ultimately, the Court dismissed the petition, finding the monks’ claims of fundamental rights violations to be without merit. Additionally, the court imposed costs of Rs. 200,000 on the petitioners, emphasizing the importance of truthfulness in legal proceedings and the severe consequences of misleading the judiciary.
“……Thus, this Court at the very outset itself conclude that the Petitioners have attempted to suppress relevant facts and mislead Court to believe that both of them along with their respective tutors had been in lawful possession of the premises referred to as the Nikawewa Sri Sambodhi Aranya Senasanaya for a very long time. This is of particular relevance to the instant Application as JUDGMENT – SC/FR 382/2013 12 dispossession from what the Petitioners call the “Nikawewa Sri Sambodhi Aranya Senasanaya” is the core grievance of the Petitioners. Therefore, this Court must conclude, which it does in an unhesitant manner, that the Petitioners narrative placed before this Court lack uberima-fides….”
“…..In this regard, learned Additional Solicitor General drew the attention of this Court to the dicta in Jayasinghe v. The National Institute of Fisheries and Nautical Engineering (NIFNE) and Others (2002) 1 Sri L.R. 287, where this Court has held that the lack of uberima-fides is a fatal error which operates against the Court granting any relief. Therefore, learned Additional Solicitor General’s plea that this Application be dismissed in-limine was quite justified……”- – Justice Yasantha Kodagoda PC
CASE NO: Supreme Court (FR) Application No. SC FR 382/2013
Before: Vijith K. Malalgoda, P.C., J. E.A.G.R. Amarasekara, J. Yasantha Kodagoda, P.C., J.
