Court of Appeal yesterday issued notice on the Commissioner of Motor Traffic in connection with an application filed by a monk complaining that he was refused a driving licence on the basis that he was a Buddhist monk.
The petitioner Ven. Dr. Paragoda Wimalasansa Thera filed a writ application claiming that he was prevented from obtaining a driving licence on the basis that it was inappropriate to issue a driving licence for a Buddhist monk.
The bench comprised President of Court of Appeal Saleem Marsoof PC and S Sriskandarajah.
The court issued notice following an application filed by Wimalawansa Thera asking for an order quashing the decision not to accept his application for a driving licence and an order a driving licence for him. The petitioner, the chief incumbent of Sri Shyakyamuni Viharaya, Kuda Waskaduwa, Waskaduwa cited B. Wijerathne, Commissioner of Motor Traffic as respondent. The petitioner monk complained that he was unlawfully and arbitrary denied to issue a driving licence for him while there was no reason to prevent him obtaining a license in accordance with Buddhism or Motor Traffic Act. In his petition the petitioner stated that he was the Assistant principal of Moratuwa Maha Vidyalaya and was teaching for the Advanced Level classes there. He also had done his BA and MA and was a Doctor of Philosophy.
Wimalawansa Thera said he was serving in several temples and had to attend many religious activities and he is also conducting Sunday school religious classes and Eastern Dance lessons in addition to many other social activities. Due to the heavy load of work, the monk had applied for a driving licence as he had found public transport was inconvenient and time consuming. When the petitioner first made an application, the deputy Commissioner of Motor Traffic had informed him that he would be granted a driving licence if he produced an approval letter from the Ministry of Buddha Sasana. Having written a letter to the Ministry, the monk was informed that had no authority to obtain a driving licence and when the petitioner contacted former Commissioner of Motor Traffic (CMT) he was informed that a Buddhist monk would not be issued a driving licence.
However the present CMT informed him that his request for a driving license was forwarded to the Commissioner of Buddhist Affairs for his observation and at a meeting held with All Island Shashanarakshaka Mandalaya (AISM) it had been concluded that it was inappropriate for a Buddhist monk to obtain a driving licence.
Forty-nine-year old monk claimed that he had all physical requirements to obtain a licence and was fully conversant with the Highway Code. He also complained earlier that another monk, Ven. Ulapane Pagnananda, the chief incumbent at the Buddhist Centre, Dickoya had been granted a driving licence.
The monk claimed that All Island Shashanarakshaka Mandalaya has no authority to prevent him from obtaining a driving licence and CMT had acted arbitrary and contrary to law by acting on AISM. Court issued notice returnable on November 25, 2004.
