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srilawsby aturio
As enacted
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9. Procedure where contempt of court is not 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)

The Supreme Court or the Court of Appeal, as the case may be, may take cognizance of contempt of court committed against it, or in disrespect of its authority, other than contempt of court committed in its presence or hearing, on-

(a)

its own motion;

(b)

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

or

(c)

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

(2)

Every motion or affidavit filed under subsection (1)

shall set out the particulars of the contempt of court alleged to have been committed by the person alleged to have committed the contempt of court.

(3)

The Supreme Court or the Court of Appeal, as the case may be, shall, after perusing the motion, and the affidavit, document or thing filed under subsection (1) and satisfying itself that a prima facie case of contempt of court 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 with which he is charged;

(b)

direct that such rule, together with a copy of the document 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 of court.

(5)

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 and shall be entitled to file an affidavit or to adduce evidence in his defence.

(6)

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

(7)

Pending the determination of a charge under this section, the Supreme Court or the Court of Appeal, as the case may be, may direct that-

(a)

the person charged with contempt of court 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 10