12 August 2023 12:00 am Views - 63
By Lakmal Sooriyagoda
A contempt of court application filed against incumbent Chief Justice Jayantha Jayasuriya by Attorney-at-law Nagananda Kodituwakku was yesterday dismissed by Supreme Court.
The Supreme Court five-judge-bench headed by Justice Murdu Fernando held that this application was misconceived in law, ill-founded and creates mischief. Therefore, the Court decided to reject the application in limine.
This contempt matter had been filed against the Chief Justice for the alleged contemptuous act committed by him on September 20, 2017 undermining the authority of the Supreme Court and bringing it into disrepute, when he was serving as the Attorney General, in respect of the Provincial Councils Elections (Amendment) Bill, which was tendered to the Speaker of the Parliament.
The Attorney General Sanjay Rajaratnam, PC appearing as an impartial adviser to the court of law (Amicus Curiae) moved that this application be dismissed as it is misconceived in law.
The Attorney General contended that the petition and the supporting affidavit sworn to by the Petitioner Nagananda Kodithuwakku contained, many offensive and slanderous averments, flawed and erroneous statements, distorted facts, misleading and absolutely false accusations, wilful suppression of material facts and twisted legal contentions and is misconceived and thus not in accordance with the law.
He further contended that the Attorney General’s opinion in respect of the Provincial Councils Elections (Amendment) Bill tendered to the Speaker of the Parliament by then Attorney General, in the capacity as the Attorney General,
way back in September 2017. He further submitted that the said opinion was tendered in order to discharge and fulfil the duties bestowed upon the Attorney General, in terms of the Constitution and specifically the provisions contained in the proviso to sub-article (2) of Article 77 of the Constitution.
The Supreme Court is of the opinion that the dignity and authority of the Supreme Court, the highest and final superior court of the country was undermined due to the vexatious nature of this application.