Speedy Passing of a Law on Contempt of Court in Sri Lanka

A YouTube Presentation by the Asian Human Rights Commission

(August 03, Hong Kong, Sri Lanka Guardian) The role of the court cannot be fulfilled unless they win the confidence of the people. The courts, as an institution must win the love and the admiration of the people. This love and admiration is based on its capacity to create the willingness of the people to come before it. It is the people that come before the courts that create opportunities for the courts to do justice. That beautiful word, 'justice' loses its meaning when it is associated with fear. It is only those policemen who torture people or those politicians that are corrupt, or the underworld figures and others who live by unscrupulously breaking the law that should fear the courts. The ordinary citizen, particularly the poor and humble people need to come to court with a sense of confidence that here is our last resort. They must believe that intelligence resides among those who adjudicate on them. They should believe that the highest principles of ethics and the highest principles of ethics and compassion exist and that they can trust and that they can trust that the outcome is always right and just.

This is not possible in an atmosphere where the citizens begin to fear the courts. The purpose of the Contempt of Court jurisdiction was to give it the power so that the other branches of the government so that the police and the executive should respect the authority of the courts and that no one should consider themselves above the law.

However, for the ordinary humble citizen who never thinks in terms of power the court should be the place to extend a hand and say unconditionally, we will defend your right to freedom, your right as an individual no matter how humble or small you are. That capacity is lost if the ordinary citizen or their spokesmen like journalists, writers or people who in various ways interact with the people begin to fear that unjust laws will be used against them to make charges of contempt of court.

Twice in the recent years the Sri Lankan Supreme Court has been found by the United Nations Human Rights Committee to have abused the power of contempt of court and in the process violated the rights of the citizens.

The cases of Anthony Michael Emmanuel Fernando and S.B. Dissanayake are the two instances in which these findings were made.

The Bar Association of Sri Lanka has produced a draft law on contempt of court. It should be enacted as soon as possible so that a law can assist in the prevention of this abuse. Whatever be the case, ultimately the courts of Sri Lanka should create confidence and trust, no fear.



Please also see the Online Petition for the passing of a Contempt of Court Law