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Former CJ’s words have serious effect and impact on the esteem of the SC: Petitioners
View(s):A petition was filed in the Supreme Court on Thursday (13) against former Chief Justice (CJ) Sarath N. Silva alleging that he is in contempt of court.
The petition was filed by three senior academics, Senior Prof. Chandraguptha Thenuwara, Emeritus Prof. Hewa Waduge Cyril and Senior Prof. Prishantha Gunawardhana.
The petitioners state that, remarks made by the former CJ during a speech at a rally organised by the ‘Jathika Ekamuthuwa’ in Maradana on December 3, amounts to contempt of court and should be held as such.
The petitioners allege that in his speech, Mr Silva, who is the 1st respondent, deliberately, maliciously and contemptuously made statements in relation to the court process, the judgment and the judges in relation to the interim order delivered by the Supreme Court on November 13, as well as the order made by the Court of Appeal on December 3, in relation to the Quo Warranto filed in connection with the No Confidence Motion passed against purported Prime Minister Mahinda Rajapaksa.
The petitioners have included a transcript of the speech made in Sinhala by the 1st respondent and have also annexed a compact disc containing a recording of the said speech.
They note that among the comments made by the former CJ are claims that through its order, the Supreme Court has ‘hung’ the Parliament, ‘hung’ the general election and ‘hung’ the office of the President, and that, through its interim order, the Court of Appeal has also ‘hung’ the Cabinet.
They point out that the 1st respondent has also commented that the court has in effect destabilised the institutions of the government, undermined the due procedures and weakened the application of the Constitution, and that the franchise of the people has been looted by the court in violation of the Constitution.
The petitioners further allege that the 1st respondent had stated that contrary to the opinion of the court, as per the order issued on November 13,the authority to dissolve Parliament is vested in none other than the President as per Article 30 and Article 33 of the Constitution.
Among other statements attributed to the former CJ in his speech are comments that if any person is taking steps to render the franchise of the people annulled, then such persons are acting against the Constitution.
“The petitioners state that the above statements have serious effect and impact on the esteem of Your Lordships’ Court as perceived and held by the ordinary citizens of this country who do not possess much of a legal knowledge. The terminology and the manner in which these words have been couched by a former Chief Justice in a manipulative manner and put across to the public gathering is evidently with an intent to lower the respect and the dignity in which Your Lordships’ Court has been held for decades since the establishment of this coveted temple of justice and ignite an acrimony amongst the public. It is even more regrettable and unpardonable as such words have been uttered by a person who himself has dealt with so many other people alleged for having committed contempt of court and punished with imprisonment during his tenure as Chief Justice,” the petitioners note.
Accordingly, the petitioners have appealed to court to initiate legal proceedings against the 1st respondent on the offence of Contempt of the Supreme Court under Article 105(3) of the Constitution of the Republic of Sri Lanka.
The application will be supported by Upul Jayasuriya, PC while Ashoka Samararatna Associates are the instructing Attorney.