AG SUBMITS DRAFT RULE TO SC

PRESIDENT’S COUNSEL APPEARING FOR RANJAN RAMANAYAKE SUBMITTED THAT THE PROCEDURE SHOULD BE FOLLOWED IN ALL COURTS ACCORDING TO SECTION 793 OF THE CRIMINAL PROCEDURE CODE IN CHAPTER 9

The Bench comprised Chief Justice Priyasath Dep, Justices Vijith K. Malalgoda and Lalith Dehideniya, who will peruse it and make a decision on September 5.

The Court on June 18 directed the Attorney General to furnish a draft Rule against Deputy Minister Ranjan Ramanayake to show cause as to why he should be charged for in respect of two petitions complaining of him for having committed the alleged offence of Contempt of Court.

President’s Counsel M.a.sumanthiran with Jerusha Crossette Thambiah appearing for Ranjan Ramanayake submitted that the procedure should be followed in all courts according to Section 793 of the Criminal Procedure Code in Chapter 9 which reads the procedure shall be followed in all courts.

Accordingly, it is the person who complains who should forward the summons containing the charges to be served on the respondent and the Attorney General has no role in the proceedings.

Additional Solicitor General Priyantha Navana had cited that the proceedure followed in former Minister S.B. Dissanayake’s case was that it was the Attorney General who drafted the Rule for Contempt.

However, Counsel Sumanthiran submitted that this case could not be followed because the expressed provision of the law was not followed in that case and that the practice of the Court cannot override the expressed provision of law.

Additional Solicitor General Priyantha Navana with Senior State Counsel Shuharsho Herath appeared for the Attorney General.