10. Procedure for the exercise of jurisdiction of the Court of Appeal in respect of contempt committed against a Court of First Instance, tribunal or institution

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

The Court of Appeal may take cognizance of contempt committed against, or in disrespect of the authority of, a Court of First Instance or tribunal or an institution on-

(a)

a reference made to it by such Court of First

Instance, tribunal or institution;

(b)

a motion filed by the Attorney-General, together with any document or thing in support of the motion;

(c)

a motion filed by any other person, together with an affidavit and any document or thing in support of the motion.

(2)

Every reference made, or motion or affidavit filed under subsection (1) shall set out the particulars of the contempt of the court, tribunal or institution as the case may be, alleged to have been committed by the person alleged to have committed such contempt.

(3)

The Court of Appeal shall, after perusing the reference made or the motion or affidavit filed under subsection (1), as the case may be, and satisfying itself that a prima facie case of contempt of a court, tribunal or institution, as the case may be, has been established against the person alleged to have committed such contempt-

(a)

cause a rule to be issued on such person signed by the Registrar of the Court, giving particulars in writing of the contempt of court, tribunal or institution, with which he is charged;

(b)

direct that such rule, together with a copy of the reference or motion and document made or filed under subsection (1), be served personally on such person; and

(c)

fix a date for the hearing of the charge.

(4)

On the date fixed for the hearing of the charge, the

Attorney-General may lead the evidence of such witness relevant to the document filed under subsection (1), if necessary, subject to the right of cross-examination of the person charged with contempt.

(5)

The Court of Appeal shall hear and determine the charge after considering the affidavit filed by the person charged with such contempt or after hearing the evidence adduced by such person, as the case may be.

(6)

Pending the determination of a charge under this section, the Court of Appeal may direct that-

(a)

the person charged with contempt of a court, tribunal or institution under this section be detained in such custody as it may specify; or

(b)

such person be released on bail subject to such conditions as it may deem fit to impose.

Read on from s 11