Judge declines to hear former CJ’s Contempt of Court case | Daily News

Judge declines to hear former CJ’s Contempt of Court case

Supreme Court Judge Justice Prasanna Jayawardena declined to sit on the bench hearing the Contempt of Court action filed against former Chief Justice Sarath N. Silva. Accordingly, the Contempt of Court action against the former Chief Justice was re-fixed for support on June 28 yesterday.

When the matter came up before the Supreme Court three-judge-bench comprising Justice Prasanna Jayawardena, Justice Murdu Fernando and Justice

E.A.G.A. Amarasekera, Justice Prasanna Jayawardena (President of the Bench) declined to sit on the bench pertaining to this application.

Justice Jayawardena stated that it is not proper him to hear this application since he sat on the bench that issued an Interim Order against the dissolution of Parliament, which is considered as the subject matter of this Contempt of Court action. Justice Jayawardena also declined to sit on the bench pertaining to this application citing personal reasons earlier.

This petition had been filed by Senior Prof. Chandraguptha Thenuwara, Prof.Hewa Waduge Cyril and Senior Prof. Don Prisantha Gunawardena.

The petitioners stated that on December 3, 2018 former Chief Justice Sarath N. Silva addressing the large gathering that was present at a public rally at the Maradana junction made speech in utter contempt of the Supreme Court.

Through this petition, the petitioners are urging steps be taken against Sarath N. Silva as per Article 105(3) of the Constitution on the offences of contempt of the Supreme Court by a speech made by him at the public rally named Jathika Ekamuthuwa on December 3, 2018.

The petitioners also sought an interim order restraining former Chief Justice from committing contemptuous statements scandalising the Supreme Court until the conclusion of this case.

The petitioners are urging to charge former Chief Justice on the offence of the Supreme Court under Article 105 (3) of the constitution.

The petitioners stated that the first respondent had made this call at a rally organized by the Jathika Ekamuthuwa, a group loyal to MP Mahinda Rajapaksa in Maradana to gather public support in pursuit of a general election.

The petitioners stated that in said speech, the former Chief Justice deliberately, maliciously and contemptuously made statements in relation to court process, the judgment and the conduct of the Supreme Court in the matter relating to Fundamental Rights petition and the order issued by Court of Appeal in the matter of Quo Warranto petition filed in connection with the No Confidence Motion passed against the purported Prime Minister Mahinda Rajapaksa.

This petition was filed through Samararatna Associates. President’s Counsel Upul Jayasuriya with counsel Kalana Jayasuriya appeared for the petitioners. President’s Counsel Romesh de Silva with Sanjeewa Jayawardena PC appeared for the former Chief Justice.


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