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Hakeem commends new contempt law for legal clarity
SLMC leader Rauff Hakeem told Parliament that the contempt law presented by the Government attempts to codify common law principles established through previous judgments, providing a statutory foundation for these legal principles.
Participating in the second reading debate on the Bill, the SLMC leader said that ‘Contempt of a Court, Tribunal or Institution Bill’ aimed at establishing a comprehensive legal framework for contempt of court, addressing both the specific laws on contempt and the procedures to be followed in contempt cases. The need for such legislation has been a subject of debate, with arguments surrounding the existence of constitutional provisions and other enactments penalizing contempt of court in various forms.
He said that the controversy surrounding the enactment of a specific law on contempt was reminiscent of a similar situation in India, which was resolved with the introduction of the Contempt of Courts Act in 1971. In August 2023, when the Bill was under consideration by the Supreme Court, a key argument raised was whether there was a necessity for a distinct law on contempt when constitutional provisions and other laws already addressed the issue. Notable cases, involving individuals such as Ranjan Ramanayake and SB Dissanayake, who faced consequences under Article 105(3) of the Constitution, emphasized the existing legal measures against contempt. “Apart from the constitutional provisions, there are other separate enactments that provide for contempt against individuals, for example Civil Procedure Code and Code of Criminal Procedure, Primary Courts Act, Partition Law, the Judicature Act etc,” he said.
Hakim said that despite the argument that the Parliament lacked legislative competence to enact separate legislation on contempt, the Supreme Court pointed to the Reserved List of the Constitution, which preserves the right to pass specific laws on contempt. This constitutional provision has been in place since the enactment of the 13th Amendment, allowing for subsequent legislation in the realm of contempt of court.
Moving beyond the legal intricacies, the Bill seeks to bring clarity to the offense of contempt, which has historically been surrounded by uncertainty. Past cases, such as that of Armond de Soza in 1914, highlighted the ambiguity in determining what constitutes contempt. The offence of contempt has always been in a state of uncertainty, while some acts amount to contempt, others did not do so. We remember the old case where an editor of a newspaper was summoned and punished for contempt for writing about judges spending in their time in Nuwara Eliya.
He captioned his article as ‘Justice on holiday.’ He pointed out in public spirit, as he claimed, that judicial time was being wasted. But the judges of yesteryears would not let him go scot-free, I remember the case in the matter of Armond de Soza, Editor of Ceylon Morning Leader in 1914, reported in 18 NLR 33. This judgment presents one important aspect of the law of contempt of court. I quote here: “There is no doubt to the right of the members of the public to criticize and to criticize wrong judicial decisions or judicial work and to bring to the notice of proper authorities any charge whatsoever of any alleged misconduct of the part of the judge.”
The Bill attempts to codify common law principles established through previous judgments, providing a statutory foundation for these legal principles.
One notable aspect addressed by the Bill is the definition and prohibition of acts amounting to contempt, such as willful disobedience to court orders and breach of undertaking given to the court. By doing so, the legislation aims to formalize and standardize the criteria for contempt of court. The Bill now provides for some acts to be of contempt of court such as willful disobedience to any judgment, decree, direction, order, writ or other processes of court will amount to contempt of court.
The SLMC leader said that the inclusion of the offense of scandalizing judicial authorities has raised concerns. While the Supreme Court has upheld its constitutional validity, critics argue that the vague contours of this provision leave individuals at the mercy of judges’ discretion. The potential for abuse and the subjective nature of determining what constitutes scandalization prompt a call for a reevaluation of this particular provision.
Hakeem said that the historical context provided through Lord Denning’s anecdote highlights the importance of judges exercising leniency and not using contempt powers to uphold their own dignity. The Bill acknowledges the need to define proper contours for the offense of contempt, aligning with constitutional provisions that restrict freedom of speech to prevent contempt of court.
He said that Bill aims to address the longstanding need for a comprehensive legal framework on contempt of court. While it codifies existing legal principles, concerns regarding the provision on scandalizing judicial authorities warrant careful consideration and potential revision. The legislation acknowledges the delicate balance between preserving freedom of speech and safeguarding the authority of the judiciary.
“This freedom cannot be the freedom of wild ass. Article 15 (2) of our Constitution specifically states that we cannot exercise freedom of speech to commit contempt of court. This was a long-felt need to have defined proper contours of the offence of contempt. I thank the Minister for bringing this law,” Hakeem said.
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A mechanism that goes beyond the normal state apparatus is needed to restore public life – President
President Anura Kumara Dissanayake emphasised that a unified operational mechanism, which goes beyond the normal state administration, is required to restore public life after a disaster.
The President stated this while participating in the Kandy District Coordinating Committee meeting held at the Kandy District Secretariat on Saturday (06).morning
During the meeting, the President separately reviewed the progress of the programmes underway to restore essential infrastructure in the district, including the roadways, electricity, water and fuel supply, irrigation systems and communication facilities.
The President instructed officials to utilise the allocated provisions for the next 25 days to complete road clearing activities swiftly, until the permanent reconstruction of roads is completed.
The President also instructed that water supply in the district be fully restored within three days. Until then, the water requirements of the public should be met through bowsers and such activities must be carried out as an emergency measure beyond the usual procedure, with technical support from the Tri-Forces.
Further, he instructed that the cleaning of household wells be carried out under the coordination of Divisional Secretariats and that electricity supply in the district be restored by 31 December through temporary repairs, while major reconstruction work will be carried into the second phase.
The President pointed out the need to identify arable lands and give priority to cultivation. He instructed that cultivable paddy fields be identified urgently and supplied with the required irrigation water and highlighted the importance of coordinated action by the Department of Irrigation, Provincial Irrigation Department and the Department of Agrarian Development.
He also instructed officials to expedite the payment of the Rs. 200,000 compensation allocated to identified farmers and fields and to submit a report on the extent of vegetable cultivation affected in the district within two weeks. Accordingly, Rs. 150,000 per hectare will be paid as compensation to the affected vegetable farmers and necessary amendments will be made to provide the same compensation for losses incurred in banana cultivation.
The impact on the livestock sector due to the disaster was also broadly discussed. The President highlighted the need to maintain updated data regarding the number of farms and livestock.
He explained the need to restart damaged livestock farms swiftly, to restore income sources for the farmers and to meet the country’s food needs, including milk, poultry and eggs.
Discussions were also held regarding restoring fuel supply in the district. Due to road blockage, fuel supply has been disrupted in Pussellawa and Meetalawa. The President instructed that, through coordination between the Road Development Authority, the Tri-Forces and the Police, fuel be supplied to these areas by Saturday [06] evening.
The resumption of schools in the Kandy District was also discussed. The President instructed officials to minimise delays in reopening schools to ensure that examinations are held as scheduled.
The President also examined in detail the steps taken to restore the district’s health services, railways and communication facilities.
Discussions were held regarding housing damage and the resettlement of affected people. The roles of the Geological Survey and Mines Bureau and the required staffing needs were considered.
The President stated that state-owned lands in adjacent areas will be identified and presented for resettlement activities and necessary interventions will be made to release such lands through discussions with relevant institutions. He emphasised that the government’s objective is to resettle people safely and continuous assessment must be carried out to ensure that compensation provided for destroyed and partly damaged houses is used properly for reconstruction.
As all compensation payments will be made under the 2025 Budget, the President stressed the need to complete all payments before 31 December, to avoid a burden on the 2026 Budget. He said the dedication of all state officials is essential to successfully implement the programmes initiated to restore public life.
Attention was drawn to the garbage disposal problem in Gampola. As a long-term solution, the President instructed that, until the relevant Mahaweli land is released, land belonging to the Ceylon Electricity Board be temporarily allocated for the purpose.
Attention was also paid to the damage caused to state institutions due to the disaster situation.
While noting that natural disasters such as floods, storms and landslides cannot be prevented, the President emphasised that the loss of lives and property can be minimised. He stated that a proper study of the Central Highlands is needed and a long-term plan must be prepared to restore the eroding ecological system.
He further highlighted the need to enforce the powers of local authorities to prevent similar disasters in the future, stating that no room should be given for illegal constructions hereafter. He also noted that Ceylon Electricity Board should not provide electricity to such unauthorised locations.
The President stated that although some expected it would take a long time for the country to recover after the disaster, the government has already been able to restore public life to normalcy within a very short period. He added that by working together for a little longer, the desired goals can be achieved.
The President expressed special appreciation for the dedication shown by state officials and the Tri-Forces in carrying out these tasks.
Minister of Agriculture, Livestock, Land and Irrigation K.D. Lal Kantha, Deputy Minister of Transport and Highways Prasanna Gunasena, Deputy Minister of Health Hansaka Wijemuni, Members of Parliament Jagath Manuwarana and Thanura Dissanayake, as well as Central Province Governor Professor Sarath Abeykoon, Chief Secretary G.H.M.A. Premasinha, Kandy District Secretary Indika Udawatta and officials representing all line agencies including the Road Development Authority, Ceylon Electricity Board and the Irrigation Department attended the occasion.
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President calls on the Mahanayake Thera of the Asgiri chapter
President Anura Kumara Dissanayake on Saturday (06) morning visited the Asgiri Maha Viharaya and paid respects to the Mahanayake Thera of the Asgiri Chapter, Most Venerable Warakagoda Sri Gnanarathana Thera, from whom he received blessings.
The President briefed the Mahanayake Thera on the government’s programmes to provide relief to the people affected by the prevailing disaster situation and engaged in a brief discussion with him.
Thereafter, the President called on the Anunayake Thera of the Asgiri Chapter, Most Venerable Narampanawae Ananda Anunayake Thera and also held a brief discussion with him.
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President calls on the Mahanayake Thera of the Malwathu chapter
President Anura Kumara Dissanayake on Saturday (06) morning visited the Malwathu Maha Viharaya and paid respects to the Mahanayake Thera of the Malwathu Chapter, Most Venerable Thibbatuwawe Sri Sumangala Thera.
The President briefed the Mahanayake Thera on the government’s programmes to provide relief to the people affected by the prevailing disaster situation and engaged in a brief discussion.
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