Court of Appeal Judge M.C.B.S. Moraes recused yesterday (27) from the hearing of petitions filed against State Minister Sanath Nishantha for insulting the Court by making a statement in the presence of the media about the legal process, judges and lawyers.
This was stated when the petitions were called up for hearing before the Court of Appeals bench consisting of Justices Nishshanka Bandula Karunaratne and M.C.B.S. Moraes.
Court of Appeal President Justice Nishshanka Bandula Karunaratne mentioned that while Justice Moraes was working at the Chilaw Court, he had ordered that the defendant Sanath Nishantha be remanded.
Accordingly, the presiding judge stated that since he has previously participated in a case against the defendant, he will withdraw from this trial and that, it was decided to consider the relevant petitions before a new panel of judges. It was decided to recall the petitions on October 31.
Defendant Member of Parliament Sanath Nishantha was present in court at that time.
Member of Parliament Sanath Nishantha, the Sri Lanka Bar Association and the Attorney General have been named as respondents in these petitions submitted by the Judicial Service Association, whose members are magistrates and district judges, and two lawyers Priyalal Sirisena and Vijitha Kumara.
Member of Parliament Sanath Nishantha was named as a suspect in the complaint filed by the Criminal Investigation Department (CID) before the Colombo Fort Magistrate’s Court regarding the attack on the struggle in ‘Gota Go Gama’, at Galle Face on May 9, 2022.
The suspect, Sanath Nishantha, who was arrested in connection with the incident, was remanded in custody after being produced before the Colombo Fort Magistrate’s Court and later released on bail.
After that, in a press conference held at the Sri Lanka Podujana Peramuna headquarters, the respondent MP Sanath Nishantha speaking to the media had criticized the manner in which the magistrates acted in granting bail to suspects involved in the struggle, which is stated in the petitions.
Petitioners have alleged that by making that statement, MP Sanath Nishantha has insulted the court and that the respondent MP Sanath Nishantha has undermined the dignity of the court and challenged the supremacy of the rule of law through that statement, and pointed out that the public’s confidence in the judiciary has been eroded.
As it is an offence punishable under Article 105 (3) of the Constitution, the petitioners request the court to conduct an inquiry into the matter.
The petitions have also requested that an order be issued to the Attorney General to file a charge sheet against the respondent MP Sanath Nishanta for contempt of court and that a summons be issued to the MP for insulting the court and that he should be summoned before court and asked the reasons why he should not be punished.
The petitions have requested further that an order be issued preventing the respondent Sanath Nishantha from travelling abroad until the hearing of this petition is completed and an interim order be issued to the Member of Parliament to prevent him from making statements that may be insulting to the court in the future.
When these petitions were called earlier, warrants were issued because the accused Sanath Nishantha did not appear in court and later they were recalled.
Then the defendant Sanath Nishantha was ordered to appear in court every time these petitions were taken up for hearing.
President’s Counsels Romesh de Silva and lawyers of Upul Jayasuriya and Saliya Peiris appeared for the petitioners.
President’s Counsel Faiz Mustapha, Keerthi Thilakaratne and other lawyers appeared for the defendant Sanath Nishantha, on the advice of lawyer Sanjeewa Kaluarachchi.
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