KAMALIKA PIERIS

The Tamil Separatist Movement has tried to use the law courts to try and stop the revival work on Kurundi. They have used the Mullaitivu police and the Mullaitivu Magistrate court for the purpose.

On 4. September 2018. Santhabodhi accompanied by Department of Archaeology officers from Vavuniya and Colombo set off for Kurundi,  to make arrangements to set up a guard house at Kurundi. They were not allowed to proceed to Kurundi. 

 The police stopped them halfway and told them that they did not have permission to erect any new structures. There was a police post at the Norochcholai tank and a Tamil police officer had come and questioned them. He was also was in conversation with someone by phone, in Tamil recalled Santhabodhi.

They   turned back to go to Sapumalgaskada. On the way, a group of   Tamil demonstrators on scooters blocked the vehicle, scolded in strong language   and    tried to pull Santhabodhi out. They assaulted the driver and ordered him to turn the van round and follow the demonstrators. They were taken to the tank bund where a waiting media team filmed them. Also waiting were about 100 Tamils on scooters. Santhabodhi and his group were taken before their leaders, who Santhabodhi thought were Tamil MPs and Tamil separatists.

The Archaeology Department staff   informed the police and army. After several hours trapped with this group, Oddusuddan police came and took us to the police station for a statement.  Archaeology   officers showed documents and said they came on legitimate business. We returned to Sapumalgaskada about 7 pm. 

On 2018.09.05 Oddusuddan police filed a case at Mullaitivu Magistrate court (AR-673/18) against Santhabodhi on the charge of disturbing the peace  .  Peace was broken by the Tamil Separatist Movement but they were not charged,   observed Santhabodhi . The event was presented as a clash between two parties.

 It appears that there was also a second complaint made by a group of Kurundi residents asking that that the excavation be stopped.  The complainants were N Ruchikka,   T Radhika, A Nirojini,   Subha Viduran, and K. Ganeshwaran.

The case was called on September 27, 2018 at Mullaitivu Magistrate court. Ven. Bengamuwe Nalaka   accompanied Santhabodhi. ACBC had sent lawyer Samith Kalhara.  A husband and wife team of lawyers   Nuwan Ballantudawe and his wife Piyumi also appeared for him

 Case was called again on October 1.2018. Both sides state their cases. The Tamil side said that, the Police, Army, Archaeology Department and a Buddhist monk are trying to build a Buddhist temple at Kurundi. They say that they have got permission to set up a guard house, but no such bulling has come up.

Kurundi was in a majority Tamil area .There are no Buddhists in the area. There is a small kovil there where the Hindus worshipped. Buddhists are trying to erect a Buddhist temple here. This will obstruct the worship at the Hindu kovil. This was an attempt to erase the Hindu tradition and impose Buddhism here. This is a violation of the rights of the Hindus. The ruins at Kurundi are Hindu ruins. We agree that the ruins should be protected that there should be no new temple. That could create ethnic disharmony, concluded the Tamil lawyers. 

Magistrate ordered Department of Archaeology, Vavuniya to make a report within 3 weeks, as to what exactly they were doing at Kurundi.  By October 16th a three month archaeology plan for Kurundi was ready. The Vavuniya office worked round the clock with much dedication to complete this. They treated it not as a religious smatter but as a national matter, said Santhabodhi.

In September  we  built the guardhouse with the assistance of 25th Singha Regiment, based at Alampil, Mullaitivu, continued Santhabodhi . The day before, Tamil Separatist Movement had gone to courts as they knew that the work on the guard house was starting the next day. Department of Archaeology told court that they were following a court order. Magistrate threw out the case. Thanks to the generosity of patrons, the  guard house and   well  were  built and  generator  installed.

The case AR-673/18  was next heard on 22October 2018. Ven. Panamura Tilakavansa of Tammankaduwa, who had set up Arisimale vihara attended. A delegation from ACBC led by its Vice President Wakista also attended the hearing. Afterwards  ACBC group went to see Kurundi.

The police  told court that the guard house had been built and there was no need to      continue with the case, also that the construction was legal. Order was given to proceed with the work at Kurundi on the basis of the plan submitted by the   Department of archaeology .

The Tamil lawyers then raised an objection. They said the plan was in Sinhala and wanted a Tamil or English translation. Magistrate agreed and  we  agreed to provide our report in English. The case was postponed but permission was given for Department of Archaeology to proceed.   An English translation was prepared by ACBC  subsequently and sent to courts. 

 The hearing ended with Court ordering  Department of Archaeology to proceed with the plan they  had  provided to court  but they must   inform the relevant local authorities. Also they must not create  an ethnic disturbance  or disturb the peace.

The order did not make any reference to the Santhabodhi group or to what they had said, observed Santhabodhi. And  all the documents we received were in Tamil including the court orders, he said. 

However, the Department of Archaeology was now free to  carry on with its work.  Santhabodhi asked Department of Archaeology to resume work and informed Secretary, Buddha Sasana Ministry as well.

On  February 2^nd 2021. Tamil Separatist Movement said that they intend to go to courts re Kurundi.

The Tamil Separatist Movement tried again July 2021. The Magistrate was told that a new stupa was coming up over the ruins. Without making proper inquiries’,  Magistrate gave a special order on 7 July 2021.   He said that  police must remove all new additions to the stupa. The Director, Archaeology  promptly ordered that  all work at Kurundi be stopped.  

The Magistrate’s ruling was publicized in the media . The media reported  that  courts had ordered  that the Kurundi stupa be broken down. There was an immediate   howl  from the public. Many contacted Santhabodhi.

Police told the Magistrate that this order could not be obeyed.  There would be a huge public   protest.  In the meantime,  Director of Archaeology  and the Solicitor General  met   the Chief Justice in Colombo.  On an  order from Chief Justice, the  case was recalled on July 19 at Mullaitivu. 

The Magistrate then went to Kurundi personally to  see for himself. He was met by Director of archaeology ,  Aruna Manatunga. Additional Solicitor General was also present on order of  chief justice . This inspection was shown on https://youtu.be/V2IrcOEzD-4 where  the  Magistrate could be heard speaking in fluent Sinhala.  On 2022.7.19    the Magistrate revoked his earlier order  and  told the Archaeology Department  that they could proceed with their work in Kurundi.  

M. A. Sumanthiran MP  filed a petition in the Supreme Court  in August 2021 against the commencement of excavations at the Kurundi  naming Prime Minister Mahinda Rajapaksa, Minister of State Vidura Wickramanayake and Commissioner General of Archeology Prof. Anura Manatunga as respondents.. Buddha Sasana Minister Vidura Wickramanayake  stated  that their activities at Kurundi was governed by the Antiquities Ordinance.  

Case no AR-673/18 came up again in October 22, 2022. This case which had started as disturbing the peace now  became   an archaeology issue, observed Santhabodhi . I contacted lawyers and three including Nuwan agreed to come. They wanted transport and dayaka were ready to provide this, recalled Santhabodhi . Ven. Kiribbanwewa Upaneetha and Matugama Seneviruwan came  to support Santhabodhi . 

The Kurundi  lawyers took the position  that a Magistrates court cannot question a    decision of the Director of Archaeology. Court seems to have accepted this.

 The Kurundi lawyers said that they wished to speak in Sinhala and English. The Tamil lawyers objected. They wanted the discussion in Tamil only. The lawyers protested that they had the right to speak in  all three languages. But Magistrate upheld the objection of the Tamil lawyers. Since there were no translators present,  he ended the hearing . Work on Kurundi vihara was  stopped again.

The final order was given on 24.11.2022. The Order  said that Department of Archaeology was to continue with the order given  earlier on  19.7.2022.This meant  that conservation work on Kurundi could continue.  This was a victory for Kurundi and a defeat for the Tamil Separatist Movement .

But the legal  harassment is not over. Tamil protestors stormed a pinkama at Kurundi on 18.8.2023 and wanted to conduct a pongal there. They were turned away after one  pongal. Media then reported that  Mullaitivu politicians  had filed a case saying  this was a violation of Human rights and an obstruction of religious freedom.  Hindu devotees had been informed that a pongal festival was  being held at  this kovil.

on  22.8.23  Mullaitivu magistrate  ordered police to  submit  a report giving reasons for police and   officers of the Archaeology Department  turning away residents who had gone to attend the pongal festival at the Hindu  kovil located at  Kurundi. Case was to be taken up for hearing.  ( Continued)