Chandana Sirimalwatte case:

Hearing put off to August 25

Wasantha RAMANAYAKE

The Supreme Court yesterday put off the hearing of the Contempt of Court proceedings against Lanka Irida Sangrahaya Editor Chandana Sirimalwatte to August 25.

The hearing was postponed since Bar Association President Shibly Aziz PC wanted time to make his submissions with regard to the preliminary objection taken by respondent Editor Chandana Sirimalwatte. The Bar Association President was invited by the court to assist in the proceedings.

The Bench comprised Chief Justice Asoka de Silva, Justice Nimal Gamini Amaratunga and Justice K. Sripavan.

Counsel Saliya Pieris appearing for the respondent at the outset expressed the willingness of client to publish a clarification in respect of the article published in the Lanka Irida Sangrahaya dated June 27, without admitting contempt. However, the Court did not make any ruling on it.

Then the Counsel raised a preliminary objection that the Supreme Court lacked the jurisdiction to inquire into the charges since the article in question did not mention any thing about the Supreme Court.

He submitted that in terms of the Article 153 Constitution the Supreme Court could inquire into the actions that are contempt of judgments, determinations etc. of the Supreme Court, irrespective of they were committed inside or outside the Supreme Court.

He further submitted that the article in question did not mention the Supreme Court, but the Judicial Service Commission (JSC). He submitted that the JSC and the Supreme Court are two separate entities. The counsel argued that it is the Appeal Court which has the jurisdiction to deal with general contempt charges such as this, in terms of the Article 153 of the Constitution. Deputy Solicitor General (DSG) Sanjay Rajaratnam appearing for the Attorney General submitted that the Supreme Court has the inherent powers to inquire into contempt charges against the respondent.

On the last occasion the respondent Editor pleaded not guilty to the charges.

Chief Justice Asoka de Silva and other judges of the Supreme Court were of the view that the headline article published in the Lanka Irida Sangrahaya dated June 27, purportedly written by Jagath Gunathilake was contempt of the judiciary. The respondent Editor admitted that he had written the article. Counsel J.C. Weliamuna with Saliya Pieris and Asthika Devendra appeared for respondent Editor.

Deputy Solicitor General Sanjay Rajaratnam with Senior State Counsel Nerin Pulle appeared for the Attorney General.

Bar Association President Shilbly Aziz PC appeared to assist the Court.

The hearing was put off for August 25.