SC dismisses contempt of court application against Chief Justice

• This contempt matter had been filed against the Chief Justice for the alleged contemptuous act committed by him on September 20, 2017

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.