Contempt of Court Rule against SMIB Chairman and Directors
Friday, 20 September 2013 00:34
By S.S. Selvanayagam
The Court of Appeal on Wednesday (18) issued a Rule on the Chairman and the Directors of the State Mortgage and Investment Bank (SMIB) for Contempt of Court sequent to a petition filed by an interdicted higher officer.
The Bench comprising Justice S. Sriskandarajah (President of CA) and W.M.M. Malinie Gunaratne issued the Rule returnable on 9 October.
Petitioner General Manager of SMIB W.M. Dayasinghe filed an application before the Court of Appeal against SMIB Chairman Jagath Wellawatte, its Directors Dhammika Weerasekera, Shamraz Yehiya, V.M. Ameen, V.S. Bandara, Sarath Hysinth, S.L.G. Bandusiri and P.H.L. Perera, citing them as Respondents.
President Counsel Romesh de Silva with Vasanthakumar Niles instructed by Bushra Hashim appeared for the Petitioner.
Petitioner Dayasinghe had obtained an Interim Order against the Bank, its Chairman and Directors from the Provincial High Court of the Western Province exercising civil appellate jurisdiction in Colombo to the following effect on 26 July:
“Issue an Interim Order in terms of paragraph (e) of the prayer to the Petition and further we stay any interdiction taking effect for 14 days from today.”
However the said Bank, its Chairman and the Directors refused to give effect to the said order and stay its effect by taking up the position that Dayasinghe had already been interdicted prior to 26 July. In these circumstances, Dayasinghe was not paid for the latter part of July and for the whole of August 2013.
Being aggrieved, Dayasinghe filed a petition before the Court of Appeal seeking the Court to punish the Chairman and the Directors of the SMIB for the offence of Contempt of Court.
Petitioner is seeking the Court to punish them for Contempt of Court for disobeying the Interim Order of the High Court of the Western Province exercising civil appellate jurisdiction holden in Colombo made on 26 July in Case No. WP/HCCA/COL/202/2013(LA).