My Response To Supreme Court Charges Against Me

By Nagananda Kodituwakku –SEPTEMBER 26, 2017

Nagananda Kodituwakku

Hon’ Chief Justice Priyasath Dep

Supreme Court

Colombo 12

26th Sep 2017

Charge Sheet initiated to discipline lawyer Nagananda Kodituwakku

I have been served with a CHARGE SHEET (SC/Rule/1/2016) dated 11th Aug 2017 by the Registrar of the Supreme Court on the premise of a complaint made by Vijith Malalgoda J, the former President of the Court of Appeal and now a Judge in the Supreme Court.

In view of the said Charge Sheet which apparently has the objective of imposing sanctions on a lawyer who has done his utmost best to restore the rule of law, the independence of the judiciary, to stop intimidation of judges by the Executive I, with due respect submit the following that reveals deliberate suppression of relevant facts concerning a matter which occurred more than 2 ½ years ago and had been dealt with by the former Chief Justice in 2015.   

1. The charge sheet refers to a submission made by me before a Bench presided over by the then President of the Court of Appeal Justice V. Malalgoda on 21st of May 2015 requesting to appoint a different Bench, which would not comprise of Justice V Malalgoda to hear the Writ Application No 83/2014.

2. It was not the first time a similar application was made after losing my trust and confidence in Justice V Malalgoda.  On 09th Feb 2015, concerning the case CA/Writs/ 65/2015, a motion was submitted to Justice V Malalgoda with a request made to appoint  a different bench to hear the case. This motion was also accompanied by the copies of letters dispatched to the Bar Association on 22ndOct 2014, Commonwealth Secretariat   on 31st Oct 2014 and a copy of a press release by the Bar association dated 14th Sep 2014, criticizing the improper appointment of DSG V Malalgoda as the President of the Court of Appeal by the then President Mahinda Rajapakse. Further to this motion a different Bench sans Justice V Malalgoda was appointed to hear the said case.

(True copy of the said Motion dated 09th Feb 2015, letters addressed to the Bar Association (22nd Oct 2014), the Commonwealth Secretariat (31st Oct 2014) and the reply received from Commonwealth Secretariat (23rd Feb 2015) and the press release by the President of the Bar Association published in the Sunday Times of 14th Sep 2014 marked X1, X2, X3 and X4 are attached hereto)

3. Thereafter, when Writ Application No 83/2014 was called before a bench comprising of Justice V Malalgoda, I was compelled to make another written application  by way of a Motion dated 20th May 2015, requesting the appointment of a different Bench sans Justice V Malalgoda since it was the best way to avoid any inconvenience to the President of the Court of Appeal.

(True copy of the said Motion dated 20th May 2015 seeking the appointment of a different bench is attached hereto marked X5) 

4. Justice V Malalgoda declined the said request and called the matter before him and informed me that as the President of the Court of Appeal he would hear the matter by himself at which stage I was compelled to inform  that I had lost trust and confidence in him and therefore to appoint a different bench to hear the case. Then, Justice V Malalgoda informed me that he would report the matter to the then Chief Justice K Sripavan with the following remark made on the case record.

“… Matter be referred to the Chief Justice for making a serious allegation of contempt. Registrar is directed to send the record before the Hon’ Chief Justice… ”

5. Thereafter to protect my interests against the unfounded allegations made by Justice V Malalgoda, I kept the Chief Justice informed of the abuse of office by the Justice V Malalgoda with a request accompanied by an affidavit dated 25th May 2015 to transfer the matter (CA/Writ/83/2014) to be heard before a different bench.

(A true copy of the communication delivered to the then Chief Justice, K Sripavan dated 25th May 2015 together with an affidavit dated 25th May 2015 explaining the circumstances fully that compel me to request for an appointment of a different bench marked X6 and X7 is attached hereto)

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