The attack on lawyers on the Defense Ministry website amounts to contempt of court

By Basil Fernando

(July 13, Colombo, Sri Lanka Guardian) Lawyers are officers of the court. Any attack on them in relation to their official functions amounts to contempt of court. The publication of a statement against several lawyers, with photographs of three of them - naming them as traitors because they have appeared on behalf of the Sunday Leader, a well-known newspaper, in a contempt of court case against this paper - is an attack on these lawyers in relation to their official functions. Without the slightest doubt, by making this publication the authorities responsible for this publication have committed an act amounting to contempt of court.

The lawyers subjected to the attack are Srinath Perera, Upual Jayasuriya, S.Sumanthiran, Viran Corea, and Athula Ranagala.

That lawyers are officers of court, and that any attack on officers of court relating to their official duties inside court or outside is contempt of court, is well established law. The Defense Ministry publication calls these lawyers as traitors simply because in this case the other party is Defense Secretary Gottabaye Rajapakse. Some other lawyers who earlier represented the Sunday Leader have withdrawn, and these lawyers replaced them.

It is the right to of any person having a dispute before court to be represented by legal representatives of his or her choice.

All parties before courts are equals and entitled to equal protection before law. Declaring oneself a national hero does not give anyone a more important place in court proceedings than other citizens.

The right of persons to practice a profession of their choice is guaranteed in the Sri Lankan constitution. This publication also amounts to an attack on the rights of these lawyers to practice their profession within the framework of law.

It is the duty of the Attorney General to advise the government, including the Defense Ministry, on all matters relating to law. It is hoped that the Attorney General will advise the Defense Ministry about the clear legal position on these matters.

-Sri Lanka Guardian