The case was taken up today before a three-judge bench comprising Jayawardena, Murdu Fernando and Gamini Amarasekera.
As a result of Jayawardena withdrawal, the case against the former Chief Justice was postponed to May 08.
Jayawardena was one of three judges who issued an interim order against President Maithripala Sirisena unlawful Gazette notification to dissolve Parliament on November 09 violating the 19th Amendment to the Constitution. He was also a member of the seven-member bench which ruled stating the President’s decision to prematurely dissolve Parliament was unconstitutional.
When the former Chief Justice appeared before the Supreme Court this morning, he attempted to take a seat in one of the chairs allocated for lawyers. Upul Jayasuriya PC appearing on behalf of petitioners raised objections to the move.
Three professors, Chandraguptha Thenuwara, Cyril Hewawaduge and Prishantha Gunawardena have filed the petition against Silva claiming that the remarks made by former Chief Justice Sarath N Silva during a protest rally in Maradana last year were in contempt of court.