SC reserves order on Preliminary Objections | Daily News


Contempt of Court action against former CJ

SC reserves order on Preliminary Objections

The Supreme Court yesterday reserved its order regarding the Preliminary Objections raised by former Chief Justice (CJ) Sarath N. Silva regarding the Contempt of Court action filed against him.

President’s Counsel Romesh de Silva, appearing on behalf of the former Chief Justice, raised Preliminary Objections regarding the maintainability of the Contempt of Court action.

The Supreme Court’s order regarding the Preliminary Objections to be delivered in the due course.

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, while addressing a large gathering that was present at a public rally at the Maradana junction, had made a speech in 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 called Jathika Ekamuthuwa on December 3, 2018.

The petitioners also sought an interim order restraining the former Chief Justice from committing contemptuous statements scandalizing 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 Opposition Leader Mahinda Rajapaksa in Maradana, to gather public support in pursuit of a general election.

The petitioners stated that in the said speech, the former Chief Justice had deliberately, maliciously, and contemptuously made statements in relation to court process, the judgment and the conduct of the Supreme Court in matters related to Fundamental Rights petitions, and the order issued by Court of Appeal in the matter of the 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 on behalf of the petitioners. President’s Counsel Romesh de Silva, with President’s Counsel Sanjeewa Jayawardena, appeared for the former Chief Justice.

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