Justice Sisira de Abrew recuses from bench

SC contempt case against former CJ Sarath Silva

Lakmal Sooriyagoda-Saturday, June 29, 2019

Supreme Court Judge Justice Sisira de Abrew yesterday declined to sit on the bench hearing a contempt of court action filed against former Chief Justice Sarath N. Silva.

Accordingly, the contempt of court action against former Chief Justice was yesterday re-fixed for support on September 30.

When the matter came up before a Supreme Court three-judge-bench comprising Justices Sisira de Abrew, Vijith Malalgoda and Preethi Padman Surasena, Justice de Abrew (President of the bench) declined to sit on the bench hearing this contempt of court application.

On previous occasions, Justice Prasanna Jayawardena and Justice Priyantha Jayawardena had also declined to sit on the bench pertaining to this application.

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

Through this petition, the petitioners are urging steps be taken against Sarath N. Silva as per Article 105(3) of the Constitution on the offences of contempt of the Supreme Court by a speech made by him at the public rally called Jathika Ekamuthuwa on December 3, 2018.
                                           
The petitioners also sought an interim order restraining former Chief Justice from committing contemptuous statements scandalizing the Supreme Court until the conclusion of this case.
The petitioners are urging the charging of the former Chief Justice with the offence of contempt of the Supreme Court under Article 105 (3) of the constitution.

The petitioners stated that the first respondent had made this call at a rally organized by the Jathika Ekamuthuwa, a group loyal to Member of Parliament 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 Supreme Court in the matter relating to a Fundamental Rights petition and the order issued by 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 with Sanjeewa Jayawardena PC appeared for former Chief Justice.