Contempt against Sarath Silva: Justice Sisira De Abrew recuses himself from Bench

By S. S. Selvanayagam

Justice Sisira J. De Abrew 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 yesterday came up before the Bench comprising Justices Sisira J. De Abrew, Vijith K. M. Malalgoda and P. Padman Surasena. Court deferred the matter for 30 September.

Justice Priyantha Jayawardane on 8 May recused himself from being a member of the Bench, which is hearing the contempt of court allegation against former Chief Justice Sarath N. Silva.

Consequently, Justice Prasanna Jayawardena recused himself from being a member of the Bench, for the reason that the alleged contemptuous statement is said to have been made against an Interim Order issued by a Bench of which Justice Prasanna Jayawardena was a member. The recusal was not for personal reasons. 

Respondent Sarath Silva is alleged to have made these contemptuous statements during a speech said to have been made on 3 December 2018.

There were number of petitions against the declaration of dissolution of Parliament by the President.  

In case No. SC FR 351/2018 filed by former Opposition leader R. Sampanthan, the Bench comprising Former Chief Justice Nalin Perera and Justices Priyantha Jayawardana and Prasanna Jayawardena issued the said Interim Order suspending the operation of the proclamation dissolving the Parliament.

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. Prasantha Gunawardena. 

Upul Jayasuriya PC appeared for the Petitioners. The 1st 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, the former Chief Justice Sarath N. Silva addressed a rally at the Maradana junction organised by the ‘Jathika Ekamuthuwa’ organisation, a group loyal to Mahinda Rajapaksa MP.

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.