Justice Jayawardane recuses himself from Sarath Silva’s Contempt of Court hearing

By S. S. Selvanayagam

 Justice Priyantha Jayawardane yesterday recused himself from being a member of the Bench which is hearing the Contempt of Court allegation against former Chief Justice Sarath N. Silva.

The matter came up before the Bench, comprising Justices Priyantha Jayawardane, Murdu N.B. Fernando, and E.A.G.R. Amarasekara, yesterday.

The Court deferred the matter for 8 May.

The Contempt of Court petition was filed against former Chief Justice Sarath N. Silva by Senior Prof. Chandragupta Thenuwara, Prof. Hewa Waduge Cyril, and Senior Prof. Prashantha Gunawardena.

Upul Jayasuriya PC appeared for the Petitioners. First Respondent Sarath Silva was present in court and represented by Counsels. Romesh de Silva PC with Sugath Caldera and Sanjeeva Jayawardena PC appeared for him. Additional Solicitor General Sanjay Rajaratnam with Deputy Solicitor General Nerin Pulle appeared for the Attorney General.

The Petitioners state that on 3 December 2018, former Chief Justice Sarath N. Silva addressed a rally at Maradana junction, organised by the ‘Jathika Ekamuthuwa’ organisation, a group loyal to Opposition Leader Mahinda Rajapaksa.

They impugn that the 1st Respondent Sarath Silva made his speech in utter 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 the Respondent deliberately, maliciously and contemptuously made statements in relation to the Court process, the judgment and the conduct of the Court.

They point out that the said threats, insinuations, comments and statements have been uttered in public by Sarath Silva, and thus the said acts amount to a gross Contempt of Court. Petitioners are seeking the Court to charge him on the offence of Contempt of the Supreme Court and to impose sentence on him.