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SJB group wants SC to initiate action against members of CoI for contempt of court
View(s):A group of Samagi Jana Balawegaya (SJB) MPs have written to Chief Justice Jayantha Jayasuriya and other Supreme Court (SC) Justices requesting the SC to initiate action against the three member Commission of Inquiry (CoI) into Political Victimization for contempt of court.
The letter, signed by more than 30 MPs including Opposition Leader Sajith Premadasa, stresses that Commission had made a number of recommendations that go beyond its legal power or authority.
The MPs have pointed out that among other things, the Commission has recommended that accused facing trial in Magistrate’s Court be acquitted and discharged, that accused facing trial in the High Court or High Court Trial-at-Bar be acquitted or discharged and / or indictments be withdrawn by the AG, that officers from the AG’s Department who prosecuted these cases and police officers who investigated the cases be prosecuted, and for the accused to be compensated.
They also note that in the case of former MP Duminda Silva, who was sentenced to death in a quadruple murder case by a High Court at Bar and whose judgement was approved by a full bench of the Supreme Court, the CoI has recommended that the AG should reopen the case and move to discharge the accused.
The three member Commission comprised retired Supreme Court Justice Upali Abeyratne, retired Court of Appeal Judge Chandrasiri Jayathilake and former Inspector General of Police Chandra Fernando.
The Commission members have “blatantly violated” their terms of reference and made recommendations that are “diabolically dreadful” and influenced the judicial process of the Courts of Law, the SJB MPs argue. Accordingly, the Commission members have committed an offence under Article 111(C) of the Constitution, the letter claims.
As such, the MPs have asked the SC to take action against the three members of the Commission under Article 105(3) of the Constitution for contempt of court, to strike off the names of Upali Abeyratne and Chandrasiri Jayathilake from the roll of Attorneys at Law of the Supreme Court and to direct the AG to institute proceedings against Commission members under Article 111(C) of the Constitution.