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Contempt of Court: Between Reverence and Reform

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Contempt of court, as Joseph Moskovitz describes, is “the Proteus of the legal world, assuming an almost infinite diversity of forms.” This ancient metaphor captures the elusive nature of an offence that defies precise definition. Often irreverently termed a legal thumbscrew, a device once used to crush dissent, it encompasses a wide spectrum of conduct: from overt defiance of judicial orders to subtler acts that may erode public confidence in the administration of justice.

Historically, contempt included any behaviour that tended to bring the authority of the law into disrespect or interfere with legal proceedings. Yet, this traditional understanding is increasingly challenged by the imperative to uphold freedom of expression, a cornerstone of democratic society.

While I accept that the courtroom must command respect, I resist the notion of it being a sanctified space of worship. Justice must be dispensed not from a pedestal, but from a platform of fairness, transparency, and accountability. A legal system worthy of public trust must be foolproof, not fear-proof.

Sri Lanka: A System Under Strain

No human is infallible. As a surgeon, I know that errors can cost lives. When medical negligence occurs, there are mechanisms, however imperfect, for redress. Licences may be revoked, and families may seek compensation. But when a judicial error occurs, particularly at the apex level, the consequences are often irreversible. The aggrieved party may find no recourse, no reversal, and no restitution.

Appeals exist, yes, but they are often constrained by procedural finality. I have witnessed judgments that, to any trained eye, appear to be travesties of justice. Yet to publicly question such outcomes risks invoking the very offence of contempt.

In medicine, we rely on a battery of diagnostic tools, CT scans, MRI scans, PET scans endoscopies, and a whole host of simple and complex investigations to arrive at informed decisions. The judiciary, by contrast, often leans on archaic precedents and century-old statutes euphemistically labelled “settled law.” The assimilation of evidence oral, forensic, documentary, is entrusted to legal minds who may lack expertise in the disciplines they adjudicate upon.

In criminal trials, especially murder cases, the presence of a jury offers a buffer. But in civil disputes, particularly land cases, judges are not infrequently, left to navigate outdated legislative terrain with limited interpretive tools. The risk of error is not negligible. This is precisely why public discourse on judicial outcomes must be protected, not punished. The current climate in Sri Lanka, where even reasoned critique risks triggering contempt proceedings, is adversative to democratic health.

The UK Experience: A contrast in calibration

In the United Kingdom, the common law offence of “scandalising the judiciary” was abolished in 2013 under the Crime and Courts Act. Criticism of court rulings, even robust criticism, does not automatically amount to contempt. However, it may cross the line if it spreads misinformation, imputes improper motives, or undermines public confidence in the justice system.

The distinction is subtle but vital: truth, even if uncomfortable, is not contempt. The UK judiciary, bolstered by civic consciousness and institutional maturity, has managed to avoid head-on collisions with public opinion. The Contempt of Court Act 1981 empowers courts to act, but the threshold is high, and the process transparent.

There is an old adage, tongue-in-cheek perhaps, that to be a judge in England one must hail from a public school and a good family; knowing a bit of law is merely an added qualification. Whether such cultural filters apply to East Asian or African judiciaries is left to the reader’s discernment.

Sri Lanka’s legal framework: A call for clarity

Sri Lanka’s contempt laws are governed by:

• Contempt of Court Act No. 4 of 1999: Addresses disobedience of orders, interference with proceedings, and scandalising the judiciary.

• Contempt of a Court, Tribunal or Institution Act, No. 8 of 2024: Introduced to unify contempt provisions across judicial bodies, balancing dignity with free expression.

• Article 105(3) of the Constitution: Grants the Supreme Court and Court of Appeal authority to punish for contempt, including imprisonment and fines

Despite these enactments, the offence remains vaguely defined. Critics argue that this ambiguity violates principles of fair trial and equality before the law. Trials for contempt often lack the procedural safeguards afforded to other criminal offences, and the discretion exercised by courts is not always cemented in statutory clarity.

Towards a more equitable balance

Contempt of court must not become a shield against scrutiny. Respect for the judiciary should not preclude accountability. As long as criticism is factual, reasoned, and does not obstruct justice, it should be welcomed, not feared.

Sri Lanka must move towards a legal culture that embraces transparency, defines offences with precision, and allows room for civic engagement. The judiciary, like any other public institution, must earn its reverence, not demand it.

by Dr.M.M.Janapriya



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Opinion

Education needed about people not feeding wildlife

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Being wildlife enthusiasts and bird watchers we took a river “safari” during a recent family trip to Bentota. We were dismayed to see that it seems to be the standard practice to feed the monkeys, I think they were the purple faced langurs, that were encountered on the river banks. Each boat that passed by stopped with boxed fruit, coconut and other odds and ends to feed them.

We managed to stop our guy from doing so but faced derision and laughter that we shouldn’t be afraid of monkeys. We tried to explain to him that this is a plague affecting Sri Lanka; elephants being fed on road sides and even in national parks, monkeys being fed from hotel balconies and apparently during river boat rides, birds being fed on hotel terraces etc.

This was met with further mockery and amused dismissal. An effort to make them understand that this was their livelihood that they were destroying it in this manner sailed over their heads. They even have a picture of a baby crocodile on the shoulders of a tourist on their billboard.

We need to consider the following:

Educate such tour operators about the importance of not interfering with the environment and the behaviour of wild animals.

Include education and training in the hotel school, and in schools in tourist resort towns about their duty and responsibility to the environment and the ecosystem on which we all depend.

If it is not already the case such operators should have licenses that should be revoked and fined if found to be engaging in such destructive acts.

Tamara Nanayakkara

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Opinion

Capt. Dinham Suhood flies West

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A few days ago, we heard the sad news of the passing on of Capt. Dinham Suhood. Born in 1929, he was the last surviving Air Ceylon Captain from the ‘old guard’.

He studied at St Joseph’s College, Colombo 10. He had his flying training in 1949 in Sydney, Australia and then joined Air Ceylon in late 1957. There he flew the DC3 (Dakota), HS748 (Avro), Nord 262 and the HS 121 (Trident).

I remember how he lent his large collection of ‘Airfix’ plastic aircraft models built to scale at S. Thomas’ College, exhibitions. That really inspired us schoolboys.

In 1971 he flew for a Singaporean Millionaire, a BAC One-Eleven and then later joined Air Siam where he flew Boeing B707 and the B747 before retiring and migrating to Australia in 1975.

Some of my captains had flown with him as First Officers. He was reputed to have been a true professional and always helpful to his colleagues.

He was an accomplished pianist and good dancer.

He passed on a few days short of his 97th birthday, after a brief illness.

May his soul rest in peace!

To fly west my friend is a test we must all take for a final check

Capt. Gihan A Fernando

RCyAF/ SLAF, Air Ceylon, Air Lanka, Singapore Airlines, SriLankan Airlines

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Opinion

Global warming here to stay

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The cause of global warming, they claim, is due to ever increasing levels of CO2. This is a by-product of burning fossil fuels like oil and gas, and of course coal. Environmentalists and other ‘green’ activists are worried about rising world atmospheric levels of CO2.  Now they want to stop the whole world from burning fossil fuels, especially people who use cars powered by petrol and diesel oil, because burning petrol and oil are a major source of CO2 pollution. They are bringing forward the fateful day when oil and gas are scarce and can no longer be found and we have no choice but to travel by electricity-driven cars – or go by foot.  They say we must save energy now, by walking and save the planet’s atmosphere.

THE DEMON COAL

But it is coal, above all, that is hated most by the ‘green’ lobby. It is coal that is first on their list for targeting above all the other fossil fuels. The eminently logical reason is that coal is the dirtiest polluter of all. In addition to adding CO2 to the atmosphere, it pollutes the air we breathe with fine particles of ash and poisonous chemicals which also make us ill. And some claim that coal-fired power stations produce more harmful radiation than an atomic reactor.

STOP THE COAL!

Halting the use of coal for generating electricity is a priority for them. It is an action high on the Green party list.

However, no-one talks of what we can use to fill the energy gap left by coal. Some experts publicly claim that unfortunately, energy from wind or solar panels, will not be enough and cannot satisfy our demand for instant power at all times of the day or night at a reasonable price.

THE ALTERNATIVES

It seems to be a taboo to talk about energy from nuclear power, but this is misguided. Going nuclear offers tried and tested alternatives to coal. The West has got generating energy from uranium down to a fine art, but it does involve some potentially dangerous problems, which are overcome by powerful engineering designs which then must be operated safely. But an additional factor when using URANIUM is that it produces long term radioactive waste.  Relocating and storage of this waste is expensive and is a big problem.

Russia in November 2020, very kindly offered to help us with this continuous generating problem by offering standard Uranium modules for generating power. They offered to handle all aspects of the fuel cycle and its disposal.  In hindsight this would have been an unbelievable bargain. It can be assumed that we could have also used Russian expertise in solving the power distribution flows throughout the grid.

THORIUM

But thankfully we are blessed with a second nuclear choice – that of the mildly radioactive THORIUM, a much cheaper and safer solution to our energy needs.

News last month (January 2026) told us of how China has built a container ship that can run on Thorium for ten years without refuelling.  They must have solved the corrosion problem of the main fluoride mixing container walls. China has rare earths and can use AI computers to solve their metallurgical problems – fast!

Nevertheless, Russia can equally offer Sri Lanka Thorium- powered generating stations. Here the benefits are even more obviously evident. Thorium can be a quite cheap source of energy using locally mined material plus, so importantly, the radioactive waste remains dangerous for only a few hundred years, unlike uranium waste.

Because they are relatively small, only the size of a semi-detached house, such thorium generating stations can be located near the point of use, reducing the need for UNSIGHTLY towers and power grid distribution lines.

The design and supply of standard Thorium reactor machines may be more expensive but can be obtained from Russia itself, or China – our friends in our time of need.

Priyantha Hettige

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