Lawyers body questions contempt of court laws

Lawyers body questions contempt of court laws

by Staff Writer 15-01-2021 | 9:13 PM
COLOMBO (News1st): The inability to appeal against a sentence meted out by the Supreme Court over contempt of court contravenes with an international covenant, a lawyer's body has said. "In 2007, we signed the International Covenant on Civil and Political Rights," Att.-at-Law Manju Sri Chandrasena of the Lawyers Forum for the People told reporters on Friday. "This agreement accepts that a convicted individual has the right to appeal". Chandrasena pointed out that Sri Lanka does not have a specific law on Contempt of Court despite having provisions under Section 55 of the 1978 Judicature Act and Article 105 (5) (3) of the 1978 constitution. "The provision under Article 105 of the constitution that allows the judiciary to hand out any punishment deemed fit by the court contravenes with the criminal law," the lawyer pointed out. He observed that there is a concept in criminal law stating that a person should be aware of the punishment related to an offence at the time of committing it. "But, a person committing contempt of court does not know the punishment that would be imposed on him, as he would only be informed about it when the court issues the verdict," Chandrasena noted.