Online Petition For Speedy Passing of a Law on Contempt of Court in Sri Lanka
The absence of a law relating to contempt to court has remained a matter of concern in Sri Lanka. Due to serious anxieties arising from the problems created by this absence, the Bar association of Sri Lanka appointed a committee to draft a law relating to this matter. This committee completed its task and a draft law was submitted to the parliament. However, despite all efforts taken in this regard, no action has been taken by the government to bring this draft law to the parliament.
Meanwhile, the United Nations Human Rights Committee (UNHRC) has expressed its view on two Communications filed by two Sri Lankan citizens and recommended to the government to take speedy action to enact a law relating to contempt of court and to prevent future violations of citizens rights by abuse of proceedings under contempt of court charges. However, the government of Sri Lanka has not yet complied with the recommendations of the UNHRC.
There is much fear among the litigants and lawyers who have been subjected to unnecessary problems like the ones the two citizens of these two Communications to the UNHRC faced. There are also fears of a similar nature among journalists who report on court cases and commentators on legal matters. Such fears have a chilling effect on the legal process as well as freedom of expression.
Therefore, there is a urgent need to bring about legislation on contempt of court, similar to those already adopted in India and many other nations.
The Asian Human Rights Commission urges you to sign this petition and support the campaign for bringing about speedy legislation on contempt of court in Sri Lanka.
All the documents relating to this issue, including the Draft Law and UNHRC documents are available at http://www.ahrchk.net/pub/mainfile.php/books/322/
For More details, please see- http://www.ahrchk.net/statements/mainfile.php/2010statements/2704
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The petition letter:
Hon. Chief Justice J.A.N. de Silva THE SUPREME COURT OF SRI LANKA Address: Superior Courts Complex, Colombo 12, SRI LANKA Telephone : (94) 1328651; Fax : (94) 1 435446
Honorable Chief Justice,
I am writing to express my concern about the absence of a Law relating to Contempt of Court in Sri Lanka, and request you to use your authority to take all appropriate measures to have the draft law submitted by the Bar Association of Sri Lanka to be enacted as law, so as to help all persons to participate in the administration of justice without fear and anxiety.
The Bar association of Sri Lanka appointed a committee to draft a law relating to this matter. This committee completed its task and a draft law was submitted to the parliament. However, despite all efforts taken in this regard, no action has been taken by the government to bring this to the parliament.
Meanwhile, the United Nations Human Rights Committee (UNHRC) has expressed their view on two Communications filed by two Sri Lankan citizens and recommended to the government to take speedy action to enact a law relating to contempt of court and prevent future violations of citizens rights by abuse of proceedings under contempt of court charges. However, the government of Sri Lanka has not yet complied with the recommendation of the UNHRC. I believe that you need to intervene on this matter and ensure that this law be passed speedily.
Yours sincerely, [fullname] [location] [organization] |