Ranawaka's Contempt of Court Bill: Justice Minister says Govt. will announce its stance soon

The bill also extensively details what should and should not be construed as “contempt of court.” Under the bill, those found guilty of contempt of court can be sentenced to a maximum of six months simple imprisonment or with a fine amounting to Rs 10,000 or both. The bill also provides provision for the accused to be discharged or the punishment to be remitted on apology being made to the satisfaction of the court.

The Government will soon submit its observations on the private member’s bill on “Contempt of Court” submitted by Samagi Jana Balawegaya (SJB) MP Patali Champika Ranawaka, Justice Minister Ali Sabry told the Sunday Times.

Mr Sabry said the Government had still not decided whether or not to support the draft bill, which was presented to Parliament by Mr Ranawaka last week. The Justice Minister, who has previously spoken in favour of introducing legislation on contempt of court, said he agreed that the country did need a piece of legislation for contempt of court.

Mr Ranawaka’s bill seeks to define and limit the powers of certain courts in punishing contempt of court and to regulate their procedure.

The SJB MP said he was motivated to submit the bill as he did not wish to see a repeat of the situation surrounding former SJB Parliamentarian Ranjan Ramanayake.

Mr Ramanayake was sentenced to four years rigorous imprisonment in January this year after the Supreme Court found him guilty of contempt of court. The sentence also resulted in Mr Ramanayake, who was elected to Parliament from the Gampaha District at the 2020 parliamentary election, losing his seat.

“Sri Lanka does not have clearly defined laws on what amounts to ‘ contempt of court’ and punishments that can be meted out for it. As such, it is left entirely with the discretion of the judges,” Mr Ranawaka pointed out. By contrast, other South Asian countries such as India have clearly defined laws on what amounts to contempt of court and the punishments that could be handed out, he added.

He said the draft was prepared in consultation with senior lawyers after considering these facts.

Mr Ranawaka’s bill divides “contempt of court” into “civil contempt” and “criminal contempt” segments.

“Civil contempt” is defined as willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court.

“Criminal contempt” has been defined as the publication (whether by words, spoken or written or by signs or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever scandalises or tends to scandalise or lowers or tends to lower the authority of, any court; or prejudices or interferes or tends to interfere with, the due course of any judicial proceeding; or interferes or tends to interferes with or obstructs or tends to obstruct, the administration of justice in any other manner.

The bill also extensively details what should and should not be construed as “contempt of court.” Under the bill, those found guilty of contempt of court can be sentenced to a maximum of six months simple imprisonment or with a fine amounting to Rs 10,000 or both. The bill also provides provision for the accused to be discharged or the punishment to be remitted on apology being made to the satisfaction of the court.

Mr Ranawaka’s bill has now been submitted to Parliament for the First Reading. The Second Reading should be done by the Justice Minister. Under Standing Orders of Parliament, he has six months in which to table his report, and for the bill to be then read a second time and referred to Parliament’s Leg i s l at ive Standing Committee, the SJB MP noted.

If this is not done, under Standing Orders, it will revert to Mr Ranawaka for the Second Reading in six months.