A contempt case filed in December 2012 against Daily News Editor Rajpal Abeynayake by Dr. Sunil F. A. Coorey, a senior lawyer for writing defamatory articles against Chief Justice Dr. Shirani Bandaranayake during the impeachment saga has been controversially put aside in the Supreme Court Registry without hearing, Colombo Telegraph is able to reveal today.
Case No. SC (Contempt) 2/2012 was filed by Dr. Sunil Coorey, a senior lawyer with over 40 years experience, an expert in the Administrative Law field and author of several books. He says clearly in his petition dated 20.12.2012, that he has filed the petition, to protect the reputation and independence of the judiciary, given that several articles by Rajpal Abeynayake in the Daily News that are forwarded with the petition sought to interfere with the due administration of justice, in as much as the judiciary is ridiculed and scandalized in the public eye.
Investigations by Colombo Telegraph reveal that the case was taken up in the Supreme Court few times. On the final occasion the case was taken up, the bench was headed by de facto Chief Justice Mohan Pieris who had by then begun to function as Chief Justice, after Chief Justice Bandaranayake was illegally removed, drawing widespread local and international condemnation. The counsels for Dr. Coorey had requested for a date to support the petition in court, after all the sitting judges had been shown the case file by the Registrar. Pieris had then given a date as the date to take up the petition in open court. However when the date came up, Dr. Coorey’s lawyers found that the petition was not listed in the Supreme Court at all. Inquiries from the Supreme Court Registrar resulted in the response that it has been decided by the Supreme Court judges, not to proceed with the petition. This was done without allowing the petitioner (Dr. Coorey) to be heard on why the case should be taken forward to protect the independence of the judiciary.
According to several legal experts contacted by Colombo Telegraph, the petition needed to be taken up before the Supreme Court and properly considered. De facto Chief Justice Pieris, as direct beneficiary of the so-called impeachment should not have played any role in the handling of the petition. Since the petition has not been properly dealt with, it remains possible for the case to be taken up someday in the future, according to Natural Justice principles.
Colombo Telegraph has now obtained and publishes the full petition by Dr. Sunil F. A. Coorey, which points out that it behoves the Supreme Court to take steps for Abeynayake to be punished for contempt and struck off the roll of Attorneys at Law.
Read the petition here; SC Contempt Application 2-2012 (Sunil Coorey v Rajpal Abeynayake)
Umpire / January 27, 2014
This is interesting!
It looks like the “media freedom” the CT is standing up for does not apply to this man and his paper.
So if any anti-government media person getting in to trouble even on a traffic matter, automatically becomes a freedom of expression and media harrassment issue. But if a pro government newspaper man, has a legal issue and we want to lynch him.
I am well and truly confused about these rubbery principles.
LakTT / January 27, 2014
Read the petition idiot; 2. The Petitioner has always valued and cherished the freedom of speech and expression, and believes that legitimate criticism of judgments is part of a functional democracy.https://www.colombotelegraph.com/wp-content/uploads/2014/01/SC-Contempt-Application-2-2012-Sunil-Coorey-v-Rajpal-Abeynayake.pdf
Umpire / January 27, 2014
Then why does this Coorey [Edited out] sue him? If he “valued and cherished the freedom of speech and expression, and believes that legitimate criticism of judgments is part of a functional democracy” etc.
HE SHOULD HAVE REPLIED TO THE GUY RATHER THAN TRY TO SUE HIM.
It is not his job to take someone t ocourt for contempt of court. Didn’t you know that you [Edited out]?
If Abeynayake broke the law – contempt or anything else – the courts and the government should have charged him through proper police action. What is this labba trying to do the government’s job.
People like him and you justify a white van brigade to save the country.
gamini / January 27, 2014
Adey! Hora Umpire,
You seem a Pathetic Bum sucker. Are you batting for the Chief Justice and the Corrupt Judiciary under Corrupt MR?
If Abeynayake broke the law – contempt or anything else – the courts and the government should have charged him through proper police action.
The issue is if the MR Govt is not fulfilling it’s duty by the society, the system sustained by Public Funds, blatantly ignoring lapses of Murder, Fraud, Embezzlement of Public Funds and insulting the Judiciary as in this case, I believe a Citizen has the Right and Duty to bring the matter up in Court for whatever it is worth and need not wait for the Authorities to commence when we know very well that they are turning a blind eye. At least it exposes the system of Justice in the country and the cronies as the CJ in the system who are paid lackeys of MR living on the Tax Payer’s money, pretending to be Honourable Public Servants in society. The current CJ is spending lavishly Public Funds, for new Court Houses across the Country, promising to revamp the system of Justice claiming that it would serve the Public better, is only paying lip service, but in fact is only Denying Justice to society. We all saw how he dispensed the Heabus Corpus action brought on Ganeshan Nimalaruban even without a trial condemning him as an LTTEer. Funny thing is Nimalaruban was in Remand Prison for over two years with no indictment whatsoever. Then how can he be accused as an LTTEer as no Court has convicted him so?
This CJ has withdrawn charges against Murder Accused at the behest of MR. He has let go many a Murderer, Fraudster and Open Law violators without indictment when he was the AG. DIG Vass Gunawardene is a prime eg. One can easily write a Book about his Servile Qualities of how he first pandered to Premadasa and now to MR in grand style. Therefore I am not surprised that he has let off this sum bag Palraj from the Contempt Case like how he has warded off Cases against him in similar fashion like the Colombo Dockyard and his very appointment as CJ?
Sarath N Silva, Asoka De Silva and the present Chief Justice will go down in History as the most crooked Public Servants we had in the annals of the Judiciary in this Country. A Damn Disgrace to the Honurable Predecessors.
Fkumpaire / January 28, 2014
“HE SHOULD HAVE REPLIED TO THE GUY RATHER THAN TRY TO SUE HIM”
Must be read as
“HE SHOULD HAVE REPLIED TO THE GUY RATHER THAN TRY TO SUE ME”
Sam / January 27, 2014
I wouldn’t want you to be an umpire in any of the matches I play, sir!
This article has nothing to do with media freedom. This is about the way a case has been dealt with by the Supreme court, which surely looks contrary to natural justice. In essence this is about independence of judiciary
This article does not in anyway target Rajpal Abeynayake, except for the fact that the case discussed in this article involves Mr Abeynayake. Read whatever you may want to between the lines, but, should you or any of Mr Abeynayake’s supporters feel this article is against him, it would only be an act of ‘donning a cap that fits’!
Umpire / January 27, 2014
Ruwan Abeywardena / January 27, 2014
This umpire looks the 12th person in the team in cricket.
Match Referee / January 27, 2014
Looks like the Umpire is way out of his depth – needs to be replaced…
Iseesee / January 28, 2014
Oh my God!
This site amazes me in that how inorant and corrupt foot soldiers of the hidden empire have been blinded by their bogus philosophies. The corrupt desperados here (like the Island throw-away gandaya Gamini)are trying to use foreign bombs to their advantage.
If you don’t tolerate counter opinion on other media, or amongst your comments, how can you blame the government of the country for safguarding the people and the country’s security? You morons.
I can say shame! but you people don’t know shame from your own left buttock, do you?
Colombo Telegraph / January 28, 2014
@Iseesee – Our internal audit shows that you are using following pseudonyms. Anyone can see what you have written in this forum using those pseudonyms. We advice you to use one name – CT
Umpire, Rattaran, Jesu putha, Poo watcher, Uthure kolla, Pol Arakku, Rum and Coke, Point Blank, Jim Beam, Counter- retort, True Christian, Congolese, Taraki’s ghost, Darlene, Anthropos, Nikan beheth, Mandy, Arlene,Truth seeker, Irene, Gajamutu, Adamant, Bodu helaya, Meghdut, Dimuthu, Jaganath, Rana Viry, Preethi, Adaikkan, Curious, Adam, Kavatam, Pena Kiyanna, Jeremy, Henda, Summer Kakka, Bungaroo, Goni Billa, Therapist, Kavan Tissa, Swifty,
Little Lion, Lion cub, Ambalawanar, Konde bandapu Cheena, Little Peeved, Ketheeswaran, Lawyer, Gamiya, GIGO, Kurundu dealer, Chandiya, Winter Blues, Gupta prince, Chelliah, Rate Badu, Lankapuwath, Baron, Lex Regis, Island Gamma, Agonist, Agun, Kiri Menika, G. Weerakoon, Piyakaru, Kiri Banda, Reasonable, Cynic, Poo ten, Maradankadawala Yakaday, Halfbright, Bobgbong, Justinian, Ranjaya, Galagedara Appu, Soothsayer, Alberta Failure, Real Truth, Confused, Sandanam, Loku Putha, Reviewer, Watching Brief, Dandy Warhol, Michael Achilios, Always on your back, The coroner, Jayaweera, Bellylaughs,Lance the boil, JanakiRam,
Equanimous, Psych-healer, Menna aththa, Mahal, Old Friend, Wanagatha, Mithura, Yagnawalka,
Juliagone, Ranaviru, Lankan Mustafa, Udeshi, Listener, Cunniling, Bangawewa, Ruwan, Raman,
Ambalavanar, Dogwatcher, Pin bath, Real thing, Confused, Ajit Randeniya, Vidiya Bandara, Lanka Watcher, Quotesick, Scaptic, Berty, Karunaratna Wijesundara, Sudu Banda, Arun Wimalaratne, Jagatj Jayaweera, Andrew Cohen,Jagath Jayaweera, Pera rebel, Saman Fernando,Rizvi Mustafa, Really Transparent, Pol Tokka, Ratavesiya, Karunadasa Wijesinghe, Show and tell, Deshapremiya, Psycho, Nallatamby,Really Transparent, Realist, Transparent Lawyer, Hithawatha, Daya Master, Solhheim, Legal practitioner, Spectator, THe critic,Randeniya, Rizv Azad, Investigator, Sandgroper, Serving Colonel, L.Shanmugadasan,Gordon, Susantha Liyanage, Selva,Rata venuwen api, Anam Manam, Karalliadde, Rambanda, Lanka power, Anticommonwealth, Sanitiser, Rakshaka, Prawn on the barbie,Watcher, Konappu, Pub servant, G.Perera, Amirthalingam, Scrum-Half,Lakhanda, Traction, As it is, Reasonable,Mathew, Karalliadde and another commentator’s pseudonym “Off the Cuff”
Native Vedda / January 28, 2014
You should congratulate him for his/her creative mind and his/her relentless pursuit of re-branding and reinventing oneself to suite the market.
Perhaps a patient suffering from amnesia, can’t remember one’s own name.
You may find his own name tattooed on his forehead.
We will never know.
If this reader is suffering from identity crisis he/she must be a Tamil or Sinhalese.
My sympathies are with this reader’s family.
Palmsquirrell / January 29, 2014
Seeing how many aliases you are using, your opinion is worth less than dog poop.
Diogenes / January 28, 2014
Umpire? Or a Vampire in disguise?
Native Vedda / January 29, 2014
“Umpire? Or a Vampire in disguise?”
Umpire can’t remember.
Arthur Silva / January 29, 2014
The photograph of Pin Adi Rajpal is worth a million words.
He is in abuse mode all the time.