Contempt of Court case against Opposition Leader to continue

Sandasen MARASINGHE

COLOMBO: The Colombo District Court yesterday decided to continue with the Contempt of Court Case against Opposition Leader Ranil Wickremesinghe for allegedly submitting an affidavit inclusive of false content in respect of plaint filed by UNP MP Anura Bastian.

Colombo District Judge Sisira Ratnayake yesterday overruled the preliminary objections filed by Ranil Wickremesinghe filed on an earlier date and ordered him to appear before the Court on December 17.

The Court made the order following a motion by Anura Bastian and UNP Western Provincial Counsellor Anil Kumara Wijesinghe that Wickremesinghe committed the offence of Contempt of Court by submitting a false affidavit before the Court on August 27, 2008 in connection with the plaint filed by them challenging that the agreement entered into between Wickremesinghe and Sri Lanka Freedom Party Mahajana Parshawaya

convenor Mangala Samaraweera on July 19, 2007 was contrary to the UNP party Constitution.

On the earlier date, the Defence Counsels appearing on behalf of Ranil Wickremesinghe filed preliminary objections stating that the charge of contempt of Court had been levelled under 183 (a) and 183 (b) of the Civil Procedure Code which refers to third party affidavit but in this case Ranil Wickremesinghe had submitted the affidavit by himself.

The Court issuing the order observed that although the statute 183 (a) of the Civil Procedure Code refers to third party affidavits and the marginal notes of 183 (b) refers to the 183 (a) statute, the 183 (b) Statute of the Civil Procedure Code clearly says that it applies to any person who wilfully makes any false statement by way of affidavit or otherwise and states such persons can be punished for Contempt Court.

The Court further observed that according to the “Interpretation of Statutes” by Maxwell, the marginal notes are not law which is a summary but the statute itself is the law so that according to the 183 (b) of the Civil Procedure Code the application of contempt of Court against Opposition Leader Ranil Wickremesinghe could be entertained by the District Court.

President’s Counsel Ikram Mohamed and Isath Wijesundara appeared for the plaintiffs instructed by Upula Fernando while President’s Counsel Faiz Musthapa, President’s Counsel S.A. Parathalingam, Presidents Counsel Harsha Soza, Daya Pelpola, Ronald Perera and V.K. Choksy appeared for Ranil Wickremesinghe.