AG requests CA not to hear Ranjan’s Writ  

By Chitra Weeraratne

The Attorney General told the Court of Appeal that it should decline to hear the challenge of a decision of the Supreme Court to convict Ranjan Ramanayake for contempt of the highest court in the land.

Additional Solicitor General Indika Demuni de Silva, President’s Counsel, appeared for the Attorney General.

SJV MP Ranjan Ramanayake has challenged by way of a petition of Writ of Prohibition in the Court of Appeal, the direction by the Secretary General of Parliament, to the Commissioner of Elections, to unseat him.

President’s Counsel Faiz Mustapha appearing for Ramanayake said that the contempt of court was not within criminal law. It was a power vested in the judges to mete out punishment for contempt to maintain the dignity of the judges and the forum. Contempt of Court did not fall within Article 89 of the Constitution.

In the case of murder, the High Court was vested with the jurisdiction to impose punishment,for the criminal offence of murder. In Article 105/3 of the Constitution, Contempt was not referred as a criminal offence.

 Additional Solicitor General Indika Demuni de Silva PC, objected to the Writ of Prohibition sought by Ranjan Ramanayake. The ASG said that the application was misconceived in law.

There could not be a Writ of Prohibition, on the decision of the Secretary General of Parliament to restrict Ramanayake from attending Parliament.

Ramanayake has been convicted for contempt of the Supreme Court and sentenced to four years rigorous imprisonment.

Additional Solicitor General Indika Demuni de Silva, PC, appeared for the Attorney General.

The ASG said the Writ cannot be issued to prohibit the authorities concerned from doing their duty. Ramanayake wanted a Writ against the Secretary General of Parliament, preventing him from informing the Commissioner of Elections that Ramanayake has vacated the seat in Parliament.

The Additional Solicitor General said that under Article 105/3, the punishment for Contempt was unlimited. The power had been vested in the Supreme Court and the Court of Appeal.

The bench comprised Justice Arjuna Obeysekera (President) and Justice Mayadunna Corea.

Hearing resumes on March 18.