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Contempt Case against ex CJ Sarath Silva; Justice Priyantha Jayawardene declines to hear

Justice Priyantha Jayawardene 700 01

Supreme Court Judge Justice Priyantha Jayawardene has declined to hear the application against the retired Chief Justice Sarath N. Silva allegedly for contempt of Court. The hearing has been put off March 8, 2019. The other two judges on the Bench are Justice Murdhu Fernando and Justice Gamini Amerasekera.

The petitioners are Prof. Chandragupta Thenuwara, Prof. Cyril Hewawaduge and Prof. Prishantha Gunewardene. The petition claimed that the remarks made by former Chief Justice Sarath N Silva, during a protest rally, in Maradana late last year, caused affront to the dignity of the Supreme Court.

Upul Jayasuriya PC appeared for the Petitioners.

Romesh de Silva PC with Sugath Caldera and Sanjeeva Jayawardena PC appeared for1st Respondent Sarath Silva.

Additional Solicitor General Sanjay Rajaratnam with Deputy Solicitor General Nerin Pulle appeared for the Attorney General.

The petitioners state that on 3 December 2018, the former Chief Justice Sarath N.Silva addressed a rally at Maradana junction organised by the ‘Jathika Ekamuthuwa’ organisation, a group loyal to MP Mahinda Rajapaksa.

They impugn that the 1st Respondent Sarath Silva made his speech in utter contempt of court particularly of the Interim Order delivered by the Supreme Court on 13 November 2018 and the Interim Order delivered by the Court of Appeal on the evening of 3 December 2108.

They state the Respondent deliberately, maliciously and contemptuously made statements in relation to the Court process, the judgment and the conduct of the Court.

They point out that the said threats, insinuations, comments and statements had been uttered in public by Sarath Silva and thus the said acts amount to a gross contempt of court.

Petitioners are seeking the Court to charge him on the offence of contempt of the Supreme Court and to impose sentence on him.

 

 

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