Pastor Jerome’s FR petition to be heard on July 28

By Lakmal Sooriyagoda   

The Fundamental Rights petition filed by Pastor Jerome Fernando seeking an order preventing police from arresting him in connection with the controversial Sunday sermon was yesterday fixed for July 28 by the Supreme Court.   

Meanwhile, the Supreme Court permitted Ven. Elle Gunawansa Thera to intervene into this petition as an Intervenient-Petitioner.   
When the matter came up before the Supreme Court, President’s Counsel Sanjeeva Jayawardena appearing for Elle Gunawansa Thera submitted that his client was seeking to intervene in order to strongly object to Pastor Jerome being permitted to seek any order from the Supreme Court, preventing his arrest. Jayewardene submitted that his client together with several other religious leaders had also filed a case in the Supreme Court previously and that the Attorney General has given an undertaking in that case, that full legal action would be taken under the Penal code and the International Covenant on Civil and Political Rights (ICCPR) Act, against Jerome. He reiterated that if an interim order was given in this new case, that the undertaking given in the other case by the Attorney General would be seriously prejudiced.   
President’s Counsel Rienzie Arsecularatne appearing for Pastor Jerome Fernando objected to the intervention. However, the Supreme Court three-judge-bench comprising Justices S. Thurairaja, Kumudini Wickremesinghe and Shiran Gunaratne fixed the petition to be mentioned on July 28.   
In his petition, Pastor Jerome Fernando stated that he was advised that the sermon he delivered on April 30, 2023, does not constitute any offence as alleged by police in their B report filed in the Magistrate’s Court. He further said that Article 10 of the Constitution guarantees to him as a person the “freedom of thought, conscience and religion”.   
Pastor Jerome states that he has not committed an offence under Section 3(1) of the International Covenant on Civil and Political Rights (ICCPR) Act No 56. of 2007 or under Section 291A of the Penal Code.   

However, he unconditionally expressed his utmost remorse to the Buddhist, Hindu and Islam clergy and the followers of the religions and anybody else who is hurt or whose religious feelings are wounded by the words contained in his said sermon.   

This petition was filed through Attorneys-At-Law, Namal Karunaratne and Udara Muhandiramge of Premier Legal Consultants.   

• Pastor Jerome states that he has not committed an offence under Section 3(1) of the ICCPR Act No 56. of 2007 or under Section 291A of the Penal Code