Notice served on former CJ Sarath Silva

 

Lakmal Sooriyagoda-Thursday, January 24, 2019

The Supreme Court yesterday directed the petitioners to serve notices on former Chief Justice Sarath N. Silva regarding a Contempt of Court action filed against him by three professors.

The Supreme Court three-judge-bench comprising Justice Vijith Malalgoda, Justice Murdu Fernando and Justice S. Thurairajah fixed the matter for support on February 7.

The petitioners were directed to serve notices on former Chief Justice Sarath N.Silva and the Attorney General.

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, the former Chief Justice addressing the large gathering that was present at a public rally at the Maradana junction had made a speech in utter contempt of the Supreme Court.

When the matter came up before the Supreme Court, former Chief Justice Sarath N.Silva was present in court. President’s Counsel Romesh de Silva appearing on behalf of the former Chief Justice informed court that notice had not been served on his client but he was appearing in court without notice.

‘In view of the fact that this is a matter relating to a Contempt of Court, it should be taken up for support today,” Silva said.

President’s Counsel Upul Jayasuriya appearing for petitioners also expressed his willingness to support this matter today. Taking into consideration the facts, the Supreme Court fixed the matter for an early date.

Through this petition, petitioners are urging action be taken against Sarath N. Silva as per Article 105(3) of the Constitution for 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 the former Chief Justice from making 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 Silva had made this call at a rally organised by the Jathika Ekamuthuwa, a group loyal to Mahinda Rajapaksa in Maradana to gather public support in pursuit of a general election.
The petitioners stated that in said speech, 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 the 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 appeared for the former Chief Justice.