The Court of Appeal today (30) dismissed, without taking up for hearing, a writ petition filed by leader of the Sarvajana Balaya Parliamentarian Dilith Jayaweera seeking an order to invalidate a finding made against him by the Colombo Fort Magistrate in connection with an alleged contempt of court case.

However, the three-member bench emphasized that the dismissal does not prejudice Jayaweera’s position in the main case that he did not commit contempt of court.

The ruling was delivered by a three-member bench comprising Court of Appeal President Justice Rohantha Abeysooriya and Justices Chamath Morais and Aditya Patabendige.

Delivering the order, Justice Abeysooriya stated that the finding submitted by the Magistrate to the Court of Appeal was not a final determination. He noted that the Court of Appeal would examine the Magistrate’s finding and that summons would be issued to the respondents only if the court was satisfied that there was, at first glance, a basis for a case.

The bench further held that the Magistrate was empowered to make such a finding under the provisions of the Contempt of Courts Act, No. 8 of 2024.

Accordingly, the three-member bench ruled that the petition should be dismissed as it did not disclose, on the face of it, sufficient grounds to establish a case.

Meanwhile, the Court of Appeal also took up today a complaint filed by the Colombo Fort Magistrate’s Court alleging contempt of court against former ministers Wimal Weerawansa and Udaya Gammanpila, along with several others.

Senior Presidential Counsels Ali Sabry, Manohara de Silva and V.K. Choksy, appearing for Weerawansa, Gammanpila, Asanga Nawaratne, Mahinda Pathirana, Sugeeshwara Bandara and MP Dilith Jayaweera, argued that the complaint submitted by the Magistrate for the issuance of summons did not disclose, at first glance, a case against their clients.

The lawyers requested that their clients be given an opportunity to present their submissions before the court makes a determination regarding the Magistrate’s finding.

Deputy Solicitor General Janaka Bandara, appearing for the Attorney General, informed the court that he would assist the court in the proceedings.

After considering the submissions, the three-member bench directed the Registrar of the Court of Appeal to ensure that all unedited video footage relevant to the case is produced before the court prior to the next hearing.

The Court of Appeal subsequently fixed October 7 for the next hearing of the complaint.