The Court of Appeal today (13) announced that it will deliver its order on January 12, 2027 on whether there is a prima facie case in the complaint filed by the Colombo Fort Magistrate against several individuals, including the leader of the Sarvajana Balaya Member of Parliament Dilith Jayaweera and former MPs Wimal Weerawansa and Udaya Gammanpila, over alleged contempt of court.
The announcement was made after a three-judge bench of the Court of Appeal concluded hearing preliminary submissions in relation to the complaint today.
The complaint filed by the Fort Magistrate against six individuals, including MP Jayaweera and former MPs Weerawansa and Gammanpila, was taken up for consideration for the third consecutive day before the three-judge bench.
Making further submissions on behalf of respondent Wimal Weerawansa, President's Counsel Anura Maddegoda stated that his client had made statements on several YouTube channels, including Ada Derana, alleging that former State Intelligence Service Director retired Major General Suresh Sallay was being detained and tortured at 'Shani's torture chamber'.
He argued that Weerawansa had called for investigations into Sallay to be conducted under ordinary law while referring to the detention order issued by the President in his capacity as Minister of Defence.
The President's Counsel further pointed out that none of the YouTube videos contained any reference to the judiciary or any judge.
Accordingly, he questioned how his client could be accused of contempt under the Contempt of a Court, Tribunal or Institution Act, No. 8 of 2024, and argued that the charges against his client could not be maintained.
Thereafter, Deputy Solicitor General Janaka Bandara, appearing on behalf of the Attorney General, made submissions before court.
He stated that the respondents had made the disputed statements at a time when the Magistrate was scheduled to issue two orders concerning former State Intelligence Service Director Suresh Sallay.
He explained that the Fort Magistrate's Court was scheduled to deliver orders on June 10 and July 1 regarding the detention of Suresh Sallay at the Criminal Investigation Department (CID) in connection with investigations into the 2019 Easter Sunday terror attacks.
However, the respondents had made the relevant statements between June 7 and June 15, he said.
Making further submissions, the Deputy Solicitor General stated that after the CID reported facts against the respondents, the Magistrate had ordered the production of unedited video footage relating to their statements.
He added that the Magistrate had also directed the CID's Computer Crime Investigation Division to submit a report concerning the social media posts published in relation to the matter.
The Deputy Solicitor General further stated that, after examining the video footage and the reports on social media posts, the Magistrate had concluded that there was an apparent case of contempt of court and subsequently referred the complaint to the Court of Appeal.
Meanwhile, President's Counsel Ali Sabry, appearing for respondent MP Dilith Jayaweera, submitted that the Magistrate had not independently arrived at the conclusion that any of his client’s statements amounted to contempt of court.
He said Jayaweera had reached that conclusion after considering information submitted by the CID that the respondents' statements could exert pressure on investigating officers and officials of the Attorney General's Department.
During the proceedings, Justice Adithya Patabendige, a member of the three-judge bench, questioned the Deputy Solicitor General regarding the respondents' argument that they had made no statements concerning the court or any judge.
The judge asked for the Attorney General's position on whether making statements about 'Shani's torture chamber' could amount to contempt of court in the absence of any direct reference to the judiciary.
In response, the Deputy Solicitor General stated that police or the CID did not fall within the scope of the Contempt of a Court, Tribunal or Institution Act, and that there was no dispute in that regard.
However, he argued that the Magistrate's observation of a suspect held in CID custody under the Prevention of Terrorism Act (PTA) formed part of the judicial process.
Following the conclusion of oral submissions, the Court of Appeal directed the parties to submit any written submissions by December 15.
Accordingly, the Court scheduled January 12, 2027 to deliver its order on whether a prima facie case has been established in the complaint filed by the Fort Magistrate against MP Dilith Jayaweera, former MPs Wimal Weerawansa, Udaya Gammanpila and several others over alleged contempt of court.
