The Supreme Court yesterday further extended its Interim Order suspending the Road Development Authority (RDA) Chairman from cutting down or removing the Pannipitiya Bo-Tree in Pannipitiya close to the Colombo-Avissavella Road until January 24, 2018.
Two-Judge-Bench comprising Chief Justice Priyasath Dep and Justice Nalin Perera made this order pursuant to a Fundamental Right petition filed by four petitioners, including Ven. Weraduwe Sirijothi Thera of Sri Punnyabiwardanaramaya in Kottawa.
The petitioners had cited the Higher Education and Highways Minister, the Maharagama Divisional Secretary, the RDA Chairman, Attorney General and several others as respondents.
Senior Counsel Kanishka Vitharana with Counsel M. Thilakaratne appearing on behalf of the petitioners had informed Court that the history of the Pannipitiya Bo-Tree runs back to about 400 years and the story of its origin has been passed by word through generations of the people of Pannipitiya.
The petitioners stated that in 2015, the RDA tried to cut down the Bo-Tree to develop the High-level Road and the move was defeated by public protests.
The petitioners said the Bo-Tree has its own history and has become part of the tradition and culture of the Buddhists and practices relating to Buddhism.
“Cutting down or removal of the Bo-Tree shall deprive culture and religious rights of us and the other Buddhists in the country, violating Article 12(1) (2), 14(1)(e)(f) of the Constitution. Cutting down or removal of the Bo-Tree would violate the Constitutional responsibility of the State to protect and foster Buddha Sasana and give the foremost place to Buddhism as provided in Article 9 of the Constitution,” the petitioners said.
The Supreme Court granted leave to proceed with the petition and fixed the matter for argument on January 24. The respondents were directed to file their objections within three weeks.
Senior State Counsel Awanthi Perera appeared for the Attorney General.