A contempt of court application filed against incumbent Chief Justice Jayantha Jayasuriya by Attorney-at-law Nagananda Kodituwakku was dismissed today by the Supreme Court.
The five-judge bench headed by Justice Murdu Fernando held that this application was misconceived in law, ill-founded, and created 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 the 20th.
September 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 Council Elections (Amendment) Bill, which was tendered to the Speaker of Parliament.
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, willful suppression of material facts, and twisted legal contentions that were 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 was tendered to the Speaker of the Parliament by the then Attorney General, in his 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 dignity and authority of the Supreme Court, the highest and final superior court of the country, were undermined due to the vexatious nature of this application.