8. Procedure where contempt of court is in the presence of the Supreme Court or the Court of Appeal

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where it is alleged, or appears to the Supreme Court or the Court of Appeal, as the case may be, that a person has committed contempt of court in its presence or hearing, the

Supreme Court or the Court of Appeal may-

(a)

cause such person to be detained in custody;

(b)

at any time before the rising of the Supreme Court or the Court of Appeal, on the day on which the contempt of court is alleged to have been committed or as early as possible thereafter, cause a rule to be issued on him signed by the Registrar of the Court, giving particulars in writing of the contempt of court with which he is charged; and

(c)

fix a date for the hearing of the charge.

(2)

On the date fixed for the hearing of the charge, the person charged with contempt of court shall be afforded an opportunity to make his defence to the charge.

(3)

The Supreme Court or the Court of Appeal, as the case may be, shall, after affording the person charged with contempt of court an opportunity to furnish an affidavit in defence and hearing the person charged with contempt of court and taking such evidence as may be necessary or as may be offered by such person, proceed either forthwith or after such adjournment as the Supreme Court or the Court of

Appeal may think fit, to determine the charge and to make order for the punishment or discharge of the person charged.

(4)

Notwithstanding anything contained in the preceding provisions of this section, where a person charged with contempt of court under subsection (1) applies, whether orally or in writing, to have the charge against him tried by some Judge or Judges other than the Judge or Judges in whose presence or hearing the contempt of court is alleged to have been committed, the Court shall cause the matter to be placed, together with a statement of the facts of the case, before the Chief Justice or the President of the Court of

Appeal as the case may be, for such directions as the Chief

Justice or the President of the Court of Appeal as the case may be, may think fit to issue with respect to the trial of the charge.

(5)

Notwithstanding anything contained in any other written law, at the trial of a person charged with contempt of court under subsection (1) which is held, in pursuance of a direction issued under subsection (4), by a Judge or Judges other than the Judge or Judges in whose presence or hearing the contempt of court is alleged to have been committed, the statement of facts placed before the Chief Justice or the

President of the Court of Appeal as the case may be, under subsection (4) by the Judge or Judges in whose presence or hearing the contempt of court is alleged to have been committed shall be received in evidence, but no such Judge or Judges shall be summoned or examined as a witness.

(6)

The provisions of subsections (2) and (3) shall, mutatis mutandis but subject to the provisions of subsection (5), apply to the hearing and determination of the charge by the

Judge or Judges other than the Judge or Judges in whose presence or hearing the contempt of court is alleged to have been committed, in pursuance of a direction issued under subsection (4).

(7)

The Supreme Court or the Court of Appeal, as the case may be, may, pending the determination of a charge under this section, direct that such person be released on bail subject to such conditions as such Court may deem fit to impose.

Read on from s 9