Sinhala wording does not constitute contempt of court - Updated

(July 28, Colombo, Sri Lnaka Guardian) Yesterday ( Click here to read our previous story) we commented on the contempt of court issue regarding the "Lanka Irida Sangrahaya", Chandana Sirimalwatte;

We reproduce here the notice issued to him by the Supreme Court- ( with translations of some parts which were in Sinhala-)

SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

In the matter of a Rule in terms of Article 105(3)of the Constitution against Sirimalwathe Sirimewange Sanath Chandana Ratnayake alias Chandana Sirimalwatta and also known as Jagath Gunathilake,

SC Rule No. 03(2010 SC/Reg/Cha/Conpt/02/10

Sirimalwathe Sirimewange Sanath
Chandana Ratnayake alias Chandana
Sirimalwatta and also known as Jagath
Gunathilake,
Editor
"Lanka Irida Sangrahaya”.
RESPONDENT

TO THE RESPONDENT ABOVENAMED

WHEREAS, at all times material you were the Editor of the "Lanka Irida Sangrahaya".

AND WHEREAS a headline Article was published in the "Lanka Irida Sangrahaya" a Sinhalese weekend newspaper registered in Sri Lanka, of 27th June 2010, purportedly written by one Jagath Gunathilake under the title:

“The pressure from the president to the court to reinstate the suspect of bribery”

AND WHEREAS a copy of the said news item has been brought to the notice of His Lordship the Chief Justice of the Supreme Court of the Democratic Socialist Republic of Sri Lanka.

A copy of which is annexed hereto marked “X”.

AND WHEREAS, the said News Paper Article set out the following under the said Head line titled: “The pressure from the president to the court to reinstate the suspect of bribery”

The President has sent a letter pressuring the court to release a suspect of bribery. This letter dated 31 of March 2010 has been signed by assistant secretary to the President H.M. Janadarea. Letter of the President , sent to Judicial Service Commission demanding the release of the bribery suspect is as follows;

“C.A/0/J
31 of March 2010


Secretary Judicial and Law Reform Ministry,
Supreme Court Complex,
Colombo-12

Request for reinstatement in the former job

The Suspect’s letter is attached here with. I am informing you to look into matters raised in that letter and take appropriate action.

H.V. Janadara

Assiatant Secretary to the President

The letter send on behalf of the President has been sent by the Judicial Service Commission with another letter to the Chief Magistrate of Colombo.

That letter is as follows;

2010/05/24
W.C.05/07

Chief Magistrate’s Court, Colombo12,

Letter sent by the accused to the President is attached herewith. I inform you to take speedy action on that matter.

Manjula Thilakaratne, on behalf of the senior assistant Secretary to Judicial Service Commission

Chief Magistrate of Colombo, Champa Janaki Rajaratne has sent a letter to Judicial Service Commission refusing the request made in that letter. The suspect who has been arrested while taking bribes on 2009.05.04 is a clerk of court. In the letter written by this person to President dated 2010.01.12, he has mentioned that he is a relative of S. B. Disnayake , the chief organizer of Horawapathana.

There is unhappiness withe legal and judicial circles about President bringing pressure on court in such a manner.

AND WHEREAS, when you appeared before the Supreme Court on 8th July 2010, you informed the Supreme Court through your Attorney-at-Law, that the name Jagath Gunathilake that appeared as the writer of the said Articke was a pen name and that the said person named Mr. Jagath Gunathilake does not exist in your organization.

AND WHEREAS His Lordship the Chief Justice and their Lordships the other Honourable Judges of the Supreme Court are of the view that the above news paper article amount to contempt of the Supreme Court, warranting proceedings to be brought against you in terms of Article 105(3) of the Constitution.

This is therefore, to command you to appear before this Court at Hulftsdorp, Colombo 12, on this 21s* day of July, 2010, at 10,00 '0' clock in the forenoon and show cause why you should not be punished under Article 105(3) of the Constitution, for the offence of contempt of this Court.

AND it is ordered that, this Rule be served through the Registrar of the Supreme Court.

Given on this ..21st.. day of July, 2010.