CA overrules Preliminary Objections

Court of Appeal yesterday overruled the preliminary objection raised on the contempt of court allegation against former Northern Province Chief Minister C.V. Wigneswaran.

Justice Janak De Silva, with Justice Kumudini Wickramasinghe concurring, made this order. Justice Kumudini Wickramasinghe recused herself from hearing the contempt matter. Court referred the matter to the Bench comprising Justices Mahinda Samayawardhana and Priyantha Fernando to be mentioned tomorrow for fixing a date for inquiry.

Counsel K.kanag Iswaran PC had raised a preliminary objection based on the Constitution on the jurisdiction of the Court of Appeal to proceed with the Contempt of Court allegation. He took three Preliminary Objections that the Petition of the Petitioner for contempt of Court was null and void and of no course of effect in law as it has not invoked any procedure established by law in terms of Article 13 of the Constitution. He submitted therefore that Court of Appeal acted without jurisdiction in issuing process and that hence the Court must recall all processes issued and dismissed the Petition of the Petitioner for contempt of Court.

He submitted the historical reception of contempt of Court in Sri Lanka and traced its development up to the 1978 constitution including the constitution of 1972.

Kanag Iswaran PC with Lakshmanan Jayakumar instructed by Moahan Balendra appeared for the Northern Chief Minister C.v.wigneswaran.

Suren Fernando and K Ganesharajah appeared for Ananthi Sasitharan, Saliya Pieris PC appeared for K.sivanesan and M.A. Sumanthiran PC with Niran Anketell for P.sathiyalingam.

He submitted the historical reception of contempt of Court in Sri Lanka and traced its development up to the 1978 constitution including the constitution of 1972