25 July, 2021

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Sentence Of 4 Years RI For Contempt Of Court Is Unprecedented: Sumanthiran

The sentence of 4 years’ rigorous imprisonment is unprecedented and exceptionally severe, says M.A. Sumanthiran PC.

M.A. Sumanthiran PC

Speaking in Parliament today re. Ranjan Ramanayake, Sumanthiran said: “I want to flag one or two issues concerning the responsibility of the parliament in this regard. But before I do that I am bound by law and tradition to disclose my interest in the matter. I am the counsel who appeared for Hon. Ranjan Ramanayake in the supreme court, I was privileged to appear for a clean, honest politician in a court and I am proud of that, nevertheless he has been convicted and sentenced.”

“The sentence of 4 years’ rigorous imprisonment is unprecedented and exceptionally severe, and Parliament has a responsibility in this regard because we have not enacted a law for contempt of court, this has an implication to the article in the constitution that the Hon. leader of the opposition just mentioned. Because it says for an offense for which the prescribed punishment is 2 years or more, there’s nothing prescribed, nothing prescribed in the law because for long Parliament has failed to enact legislation for contempt of court. Although there had been in the public well, a lot instances where drafts have been made, we have not done that, that is one. And by failing to do that, it has been like the freedom of a wild ass anything can be given as a sentence and that is not a good thing. I don’t want to go into the merits of the case or anything like that, but in this case Parliament has to take steps, to enact a law, English law is supposed to be the substantive law because we don’t have a statute law now, and in English law itself scandalizing the court is no longer an offence of contempt of court, so unfortunately the court disregarded that, and has misdirected itself, that’s my position, but I want to bring to your notice a serious lacuna in the law with regard to a statue for contempt of court that has resulted in this unprecedented injustice to an honest member of Parliament,” he said.

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Latest comments

  • 64
    4

    Mr. Sumanthiran,
    Currently none of the court decisions are made by Judges. All decisions are made by one and only powerful President. The so called Judiciary is dead in November 2019.

    • 48
      3

      To every ones s eye the verdict is beyond ethics and morals for a citizen who has done that much to the poor, and those who are really in need. Today that man Lanza / Rajapakshes main fund provider who is known to everyone as the Godfather of negombo drug trafficking , was louder than in the presence of RR IN parliament. This is what we predicted about Nandasena”s rule long before these murderers were elected. Entire world is watching. 🙂😉😉😉😉😉😉😉😉😉😉😉😉😉😉

      • 3
        1

        Dear LM,

        Is there a way we can connect with each other on one to one basis.

        • 4
          1

          Will post u later.i did almost everything educating masses that long, now I feel srilanken issues are highly critical than appeared to be. 🙂🙂🙂🙂🙂

    • 33
      1

      Hope not srilanka will soon become another carmbojya not being able to face injustice, growing poverty, lawlessness, people’s indifference and all. The term Rajapakshe ll be the ” most hateful term ” before long. As was the case in Tripoli, it s high time Drains to be ready to welcome and Rajapakshes and his criminals. 89 insurgeny style massacres ll be inevitable. 😉😉😉😉😉😉😉😉😉😉

    • 4
      2

      Ranjan should have hired a better attorney.

      • 9
        1

        What ? Mr Sumanthiran is no good to ur eyes or what do u mean? 😉😉😉😉😉😉😉😉😉srilankens are caught by medamulana devils as nothing can help them easy release 😎😎😎😎😎😎😎😎

    • 9
      1

      Why can’t judges stand against the influences being made on them if they are honest? 😉😉😉😉😉

      • 1
        9

        leelagemalli,
        Where were these dumbos who jump up and down when Ranil sitting in Temple Trees with his ‘Royal Gang’ + ‘Rathu Ali Petiya’ issued orders to Police, AG’s Department, CID and Judges to arrest and punish Rajapakshe family members, members of the Armed Forces and politicians in the opposition. From 2015 to 2019 this country was a Police State.

    • 6
      1

      world is upside down today.
      :
      Republicans in world most powerful country, people are made to believe lies. So what about KALIAMMA controlled srilanka. Every other would go after astrologists and kaliamma no matter he or she is qualified with the highest degrees (PhDs), so media men should take the side of the FACTs and truths. Be it america or in our hell – it is the same, people can easily get misguided… that is like go viral if any powerful media would telecast it.
      :
      https://www.youtube.com/watch?v=zKm_FzSn9FM

      If JOE BIDEN has not claimed a victory, who to be blamed ? Everyone knows the answer, it is to be ruling govt by Trump…. knowing all that furhter to mislead PUNNAKU eating republicans has become a joke today.

    • 1
      2

      Ajith,
      Does this statement applies to Demala and Muslim Judges as well?
      —-
      “Currently none of the court decisions are made by Judges.”

  • 47
    2

    If Ranjan Ramanayake had confessed his assumed guilt and pleaded guilty he might have been exonerated from the “crime” he allegedly committed in stating a general truth. However, an honourable man cannot be expected to plead guilty to something he had not committed, merely to be pardoned, as it would have been an insincere submission and worse, against his own clean conscience. The coercion to appeasing the egotistic tendencies of immature, even tribal people with power to determine an innocent man’s fate is in itself a miscarriage of justice in my humble opinion. The members of the Sri Lankan judicial system should hang their heads in shame that innocent men are punished while grand criminals roam free with impunity.

    • 1
      1

      Dr. Lasantha Pethiyagoda
      Could you help me to find out:
      1) Is contempt of court an offence as per Sri Lankan law?
      2) If YES is there any MINIMUM and MAXIMUM punishment stipulated?
      3) In Western democracies there is no such offence as contempt of court?
      .
      I am trying to find out how much discretion judges have on their hands in mitigating a sentence. To understand the terms ‘disproportionate’ and ‘excessive’.
      While there is a large number of people who are of the opinion that death penalty is uncivilised there is no outcry against the judges who deliver it as ‘disproportionate’. They are only accusing the law not the judges.

      Soma

      .

    • 1
      0

      Hear hear

    • 1
      1

      One SLPP Member of Parliament for the Ratnapura District has been sentenced to DEATH for murder!
      .
      I think that he sits in Parliament because he has appealed.
      .
      What has Rajan Ramanayake done? He’s only talked. About what? About what we have all been saying, but I guess that he ought to have had a lawyer-spokesman, who would have known how to word it all. No appeal allowed for him!
      .
      https://en.wikipedia.org/wiki/Sarath_de_Abrew
      .
      Somebody had asked whether the two de Abrew Justices are related. I have the impression that this Sisira de Abrew is from a quite different background, and one of the better Justices. If related, I feel only distantly. Sarath de Abrew was a horror.
      .
      https://www.colombotelegraph.com/index.php/ex-supreme-court-judge-sarath-de-abrews-sexual-assault-case-terminated/
      .
      What they have done to Ranjith Ramanayake is typical of the system that the black-coated fraternity do as a rule to get us all scared of them.

  • 27
    2

    In SL, Justice is dispensed according to on which side are you. Truth and Justice is hard to get. One evil is going away in USA

    • 8
      1

      Naman,
      If one is going, President Trump should invite the President Elect and complete the process of “Leaving the White House”. Then only you say one lost the election and leaving; the other one is talking over! President Trump didn’t accept he lost election. But he tried many ways and nothing has been success until. Now he has to leave. That means he is being ousted. So you say only “people of America ousting one”.

  • 37
    1

    ………I was privileged to appear for a clean, honest politician says his counsel M.A.Sumanthiran in Parliament. He is not alone.

    4 YRS.R.I. for calling a Spade a Spade is indeed unprecedented.

    • 28
      2

      Ranjan MP & Sumanthiran PC won by proving their point in court that they both are correct even in this case. But lost the case because wild asses have the authority to kick with their hind legs.

      • 5
        0

        This we warned to the nation who are today speechless. Crime friendly Nandasena and his capabilities are not it’s all cracked up to be. No transparency no actions even if people would have been caught by devilish problems but his continue s with revengeful agenda. 🙂🙂🙂😌😌😌😌😌😌😌😌

  • 25
    3

    The Three Pillars of Governance have now been reduced to One Pillar in this sad, sorry, and failed state. May God help us!

  • 23
    4

    Sumanthiran is talking of English Law. He is referring the Verdict of an earlier Privy Council on a similar case. Because there is no law governing this matter, Court has to go by common law, it is the past verdicts. Past abiding case is a Privy Council Appeal case. But the Court is ignoring that verdict. So they don’t care about English Law. But let me tell something for Sumanthiran: “Sumanthiran Ayya, you are talking about English Law; but this is our Wildlife Sanctuary SinhaLE, Lankawe; here we go by Sinhala Speaking Jury Only Verdict, Only Shobasha Law, not English Law”.

  • 3
    2

    Sumanthiran is very vociferous and seems to be fighting against all injustices inflicted upon the Sinhalese and Muslims , by this war criminal racist government down south . however is very silent about what is happening to the Tamils in the north and east, at the hands of Sinhalese thug/criminal settlers , the Sri Lankan armed forces and various so called government departments like the forestry and so called archaeological department , that only produces fake concocted history to colonise and take over Tamil lands. He goes to Geneva never opens his mouth and has been very silent and not condemned the destruction of the monument for the dead Tamil civilians in the Jaffna campus by the Sri Lankan government, the Tamil diary farmers living along the border regions of Batticaloa , deliberately being targeted and assaulted by illegal Sinhalese settlers, that is being backed by the highest Sinhalese authorities in the east. Now recently an ancient Aynnar Hindu temple in the Vanni . being falsely claimed by the so called archaeological department , as the site of an ancient Buddhist temple and members of the Sinhalese armed forces and the racist Sinhalese archaeological department officials , storming the grounds of this ancient Hindu temple and installing Buddha statues. Ayannar is an ancient Hindu deity that predates Buddhism and even Vedic Hinduism .

    • 3
      2

      SO how can an ancient Ayannar temple be an ancient Buddhist temple? Where is Sumanthiran , who is supposed to be elected by the people of Jaffna , in some mysterious second count in all this? Most Tamils are now of the opinion he covertly works for the Sinhalese establishment and not for the Tamils who elected him.
      Now recently an ancient Aynnar Hindu temple in the Vanni . being falsely claimed by the so called archaeological department , as the site of an ancient Buddhist temple and members of the Sinhalese armed forces and the racist Sinhalese archaeological department officials , storming the grounds of this ancient Hindu temple and installing Buddha statues. Ayannar is an ancient Hindu deity that predates Buddhism and even Vedic Hinduism . SO how can an ancient Ayannar temple be an ancient Buddhist temple? Where is Sumanthiran , who is supposed to be elected by the people of Jaffna , in some mysterious second count in all this? Most Tamils are now of the opinion he covertly works for the Sinhalese establishment and not for the Tamils who elected him

      • 2
        4

        Siva Sankaran Sharma,
        Just by writing BS in CT you cannot change the history of Sinhale.
        —-
        Demalu (Tamils after 1911) presently living in this country could be classified as follows:
        Descendants of
        1. War prisoners and captives of early invaders from Hindusthan from time to time starting at 3rd century BC.
        2. Captives brought from Hindusthan by Kings like Gajaba I in retaliation to invading this country after defeating them and waging war even in Hindusthan.
        3.Those who have come on trade from time to time and preferred to stay behind
        4. Dravidians brought here by the Portuguese, Dutch and British before 1840 to work on their Projects and left behind high and dry.
        5. Indentured Dravida labor brought by the British to work on the newly opened up plantations in the Central Hill Country and left behind when they left in 1948.
        And
        6.Temporary visa holders living as illicit Immigrants
        7. Illicit immigrants popularly known as Kallathonis
        8. Transitory labor who come for work as cheap labor

    • 2
      5

      Siva Sankaran Sharma,
      Tamil lands are in Tamil Nadu not in Sinhale. At this moment Sinhalayo have no intention to colonize Tamil Nadu. Land in Sinhale belong to Sinhalayo and Vedda Eththo. Dravida Demalu who are the descendants of slaves brought by Portuguese, Dutch and British from Hindusthan are occupying Sinhala land. Please vacate Sinhala land and return to your ancestral homeland across Palk Strait from where your ancestors were picked up by colonial rulers. Modi is inviting Indians scattered all over the world to return to India and work to make India ‘GREAT’.

      “that only produces fake concocted history to colonise and take over Tamil lands.”

  • 0
    1

    Blame the law NOT the judges.
    .
    Job of the judges is to interpret the EXISTING law – blind folded.
    They cannot go by their moral compulsions or by their personal opinion of how the law should be. If that were the case written laws would be unnecessary.
    People like Basil Fernando and Sumathithan should no better.
    (They would have argued for the opposite for a higher fee anyway.)
    Out of courts their moral duty is to liase with the legislature to amend unreasonable or outdated laws.
    They certainly must have heard the saying ” Worst tyranny is the wrong law’
    Again, blame the law NOT the judges.
    .
    If you ask me, the maximum sentence for contempt of court should be four weeks of community service. And it must be incorporated into the law – relieve the judges of the burden.
    Likewise, dealth penalty should be abolished is the opinion of many including me.
    ‘LAW’ MUST BE AMMENDED ACCORDINGLY. IF A JUDGE IMPOSES DEATH PENALTY FOR MURDER TODAY IT IS NOT ‘DISPROPORTIONATE’ IF THE PROOF IS WITHOUT REASONABLE DOUBT.

    Soma

  • 1
    0

    Wasn’t MP Ranjan Ramanayaka in the capacity of a “Peoples’ Representative” expressing a general statement to the Media as regards the “Public Opinion” of Judges and Lawyers? The courts extensively questioned and replayed recordings made by journalists. Did any of those reveal any specific accusations against any judge or a lawyer? I don’t think so. There are some cases pending in courts against Judges and Mr. Nagananda Kodithuwakku would have provided the details. Why Mr. Sumanthiran did not make use of the case of a CJ Mr. Sarath N Silva and many others highlighted in the book “Nomini Aragalaya” (Unfinished Struggle) written by Victor Ivon and submit as evidence to substantiate Mr. Ranjan Ramanayka’s ” Observations” as those of “General Understandings” by a Parliamentarian? How many others in this country make such “General” comments as regards Judges and Lawyers? Some comments are as harsh as referring them to “Black Coated Mafia”. Who has been given this type of punishment? In comparison, wait to see what happens in a similar case against Dr. Padeniya, the President of GMOA that which is scheduled to come up in March. Everyone thinks that this “Judgement” cannot be appealed. But a “Revision Application” can be made and this must be done soon.

  • 4
    1

    There is nothing Unprecedented for this govt.
    They just destroyed a Hindu temple and put shinning white Buddha statue and every one is chanting
    Buddham saranam gacchami – I take refuge in the Buddha.
    Dhammam saranam gacchami -I take refuge in the Dharma.”
    I just kicked out the Hindu God
    I just Placed your statue instead
    I am sure you are over joyed
    I need 10 % commission
    I am not bribing you Lord Buddha
    but nudge nudge if you can Give Mahinda and Gota
    why no me

  • 2
    1

    A supreme court of any country does not get to act like wild asses. But this curse of a court ( I can say that since I am no Longer a Sri Lankan Citizen so the court can go kiss my behind for all I care) has acted in this manner not only in this case but also in giving its nod of approval to the 20th Amendment which in effect neutered the court and turned them into eunuchs. They also acted like absolutely stupid morons in their judgement in the case of Nandasena’s eligibilty to run for office when He was in fact the citizen of the United States and is still duty bound to uphold the laws and requirements of the United States government. This supreme court paved the way for its own ignonimous destruction.In doing so they have proved beyond a reasonable doubt that the whole lot of them need to kicked off the bench without any pay or future benefits for starters.

    • 0
      1

      Thiha,
      “But this curse of a court ( I can say that since I am no Longer a Sri Lankan Citizen so the court can go kiss my behind for all I care)”

      If you are not a citizen of Sri Lanka why the hell you want to put your nose into the affairs of this country. Please mind your business. Citizens of Sri Lanka can sort out their problems.

      • 3
        0

        If you think for one moment that people like me are going just go away and let a nasty racist A hole like you go on spewing vicious hatred and keep fanning the flames intolerance then you are sadly mistaken. What people like me have is a beutiful weapon called immunity which gives us the ability to speak the truth and denounce scum like you when you challenge us. In fact it is our sacred duty to speak out and expose the tyranny.

  • 1
    0

    Soldiers has only one law, friend or enemy. Whole country is regarded as enemy. Have to pay for wrong decisions.

  • 0
    0

    Tags for the entry to rigorous imprisonment to the weight sentences imposed for contempt one judge is justifying and another judge is he sentence of 4 years’ rigorous imprisonment is unprecedented.

  • 4
    1

    No one is stupid everyone knows that the sentence was not grounded in the rule of law. Even if the sentence was not initiated by politicians the the Supreme brown noses did it to please politicians.

  • 3
    0

    Justice matters. In Sri, Lanka Judiciary is a joke. Decisions are made at the Presidential palace. Judges just carry out the orders. If they fail their head will be chopped. Imagine Idi Amin way of Management Votes derve it because the blindly voted Gota to power

  • 3
    1

    So Summathiran appeared for Ranjan?

    Unfortunately Summathiran failed. It was an easy case. No precedence. No specific law. Complete violation of personal freedom. Why lost the easy case?

    Better attorney next time!

  • 4
    2

    Judges, Malalgoda, Abrew and Surasena know very well that for them to survive as Judges they have to please President Nandasena. As such, their decisions will always be biased. They have become obedient servants of this uneducated President who was a below average student at Ananda.

  • 4
    1

    That is what we call our “Low and Odor”. Take our health system, thanks to all those govt sponsored organizations / Pandeniya, fake media and conspiracy promoters initially there was spread among the whole catering services and now Air Lanka, while landed the pilot association is reporting a wild cluster.In India two vaccines currently available are Oxford almost 75 to 85 % reliable, and serum which did not complete trial. studies. As expected govt ordered Serum at a higher price which has less benefit compared to Oxford. ( retail fixed price of Oxford is 200 INR, whereas Serum is 208 INR. Now Serum says not to administer vaccine in patient with any chronic medical issues ( the means more than 40 % of population) Lankan govt too is bargaining for Russian or Chinese vaccine. This is called POLITICS. I already have decided to get Oxford even if I have to purchase in private for about 1000 INR each for all my family members. .

  • 3
    0

    Can someone help me learn (away from the topic yet related too) why any sitting MP be allowed to practice law in the courts?

    Not limited to Lawyers should any of the public servants be allowed to have any other capacities/interests whatsoever while they got themselves elected to do an entirely different scope that is to serve their folks in a developing country?? conflict of interest etc??

    Should not the up coming Constituent be addressing this once and for all??

    • 0
      0

      Dear Rumble 2021,
      .
      There are, I’m sure, much worse goings-on than Sumanthiran appearing in politicised court cases.
      .
      There may be other lawyers – Gajendran Ponnambalam comes to mind immediately. I’m sure that there are many others.
      .
      And doctors? Pretty, young, Sita Arambepola is some sort of high-flying Medical Specialist. A few other MBBS guys. The accountants may be Directors of large Companies. That sort of thing is much worse “conflict of interest.”

      • 0
        0

        Dear SM

        An MP should set example in riotousness has been the failure in our Nation since Independence?? specially the lawyers who took oath to uphold the truth.

        It is rather about exploiting the loopholes??

        Please do not muddy the water with all other conflict of interests etc will appreciate.

        I do think Mr Sumathiran can be great politician serving people leaving the TNA and joining hands with any National parties of his choice and hope he will discuss this in the parliament regards to MP’s involved in private practices/outside interest/conflict of interest including any other professions/director ships etc…they all have to disclose their financial statements too.

  • 4
    2

    Dear Learned friend I am not a fan of Ranjan and I understand your agony but this is Gothas Lanka and Courts make decisions to please him. There is no Rule of Law or Due Process., One aspect of Contempt of Court is disobeying Court Order and the President was in Contempt when he pardoned the Mirusuvil Killers ( in defiance of the Court Order) who were convicted by the Highest Court in the Land which was an afront to the Civil Society and an insult to the Victims. THIVES such as Weeratunga are brought back in Gothas Airforce 1 from Dubai and is free to import Corona from Ukaraine such is the Perilous state of Lanka under Gotha.
    I hope Kalamala Harris ( half Tamil) and Rohini Koseglu ( formerly Ravinthran ) whose parents are from Jaffna will take note of this at the UNHCR hearing and bring Gotha to books who is still an American Citizen.
    Please write to Imran who I hear is planning to visit Sinhala Lanka that there is only one Jurisdiction in Sri Lanka and that is the Indian Jurisdiction and he will not cut any ice with Gotha other than shaking hands with a CRIMINAL and the only World Leader to do so insulting fellow Muslims in Sri Lanka.

  • 2
    0

    OMG. not even a day has passed since writing my comment today the news is Serum Institute it self is engulfed by a huge accidental fire.

    • 0
      0

      Dear chiv,
      .
      Please see what I’ve written below the articles by Professor Kumar David and Dr Ameer Ali. I had you in mind!
      .
      We can’t do much to the Rajapaksas directly – and we needn’t. Some of the goings-on here have to be brought to the notice of the wider world.

  • 0
    0

    What does the judgement of Ranjan say not only to Sri Lankans but to the whole world. It clearly states that the Judiciary in Sri Lanka does not know the concept “Equal Justice”. Equal Justice is the fair, equal and impartial treatment of all people. Unfortunately this is not there.

    What is the solution. The solution is for Lawyers, Civil Organizations & Citizens and International bodies to review the judgements given by Sri Lankan courts and comment on those decisions taking an impartial view.

    This is the only way the ensure “Equal Justice” in Sri Lanka. This is the alternative to civilians getting on to the street and protesting as they did in Hong Kong.

  • 1
    0

    SM , I fully agree with you. Should have been much earlier still never late.

  • 0
    0

    In 2015 every one thought we had a good change with Sobitha thero but most of the people didn’t knows much about this GS but it was recommended by most as common candidate but he betrayed ,even though when he was minister how he promised and handled the Passikuda saga.of his son.

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