Contempt against Sarath Silva: SC reserves order on preliminary objection

By S.S.Selvanayagam

The Supreme Court yesterday reserved its order on the preliminary objection raised on the maintainability of the contempt of court allegation against former Chief Justice Sarath N. Silva.

The bench comprised justices Lalith Dehideniya, Murdu N.B. Fernando and S. Thurairaja.

Justice Sisira J. De Abrew had earlier recused himself from being a member of the bench hearing this matter. Thereafter, Justice Priyantha Jayawardane also recused himself from being a member. Consequently, Justice Prasanna Jayawardena too had recused himself for the reason that the alleged contemptuous statement is said to have been made against an Interim Order issued by a bench of which he was a member. The recusal was not for personal reasons. 

Silva is alleged to have made these statements during a speech delivered on 3 December 2018.

The contempt of court petition was filed against former Silva by Senior Prof. Chandraguptha Thenuwara, Prof. Hewa Waduge Cyril and Senior Prof. Prashantha Gunawardena. 

Upul Jayasuriya PC appeared for the petitioners. Silva was present in court and Counsel Romesh de Silva PC with Sanjeeva Jayawardena, Sugath Caldera and Oshada Rodrigo appeared for him. Additional Solicitor General Sanjay Rajaratnam represented the Attorney General.

The petitioners state that on 3 December 2018, the former Chief Justice addressed a rally at Maradana junction organised by the Jathika Ekamuthuwa organisation, a group loyal to Parliamentarian Mahinda Rajapaksa.

They allege that Silva made a speech which was in contempt of court, particularly of the Interim Order delivered by the Supreme Court on 13 November 2018 and the Interim Order delivered by the Court of Appeal on the evening of 3 December 2108.

They state that Silva made statements in relation to the court process, judgment and conduct of the Court.

They point out that his remarks were uttered in public and thus amount to contempt of court.

The petitioners are seeking the Court to charge him for contempt of the Supreme Court and to impose a sentence on him.