Herath Mudiyanselage Vijitha Herath vs K.M. Mahinda Siriwardana – SC/CONTEMPT NO. 02/2023-2023

Brief
The case between Herath Mudiyanselage Vijitha Herath and Rathnayake Mudiyanselage Ranjith Madduma Bandara (Complainant–Petitioners) and K.M. Mahinda Siriwardana, Secretary to the Treasury, Ministry of Finance (Contemnor–Respondent), addressed whether the respondent’s failure to release funds as directed constituted contempt of court under Article 105(3) of the Constitution. The court found that the evidence did not establish willful disobedience of court orders, as the respondent acted upon Cabinet decisions and within constitutional parameters. The applications for contempt were dismissed, reaffirming the principle that liability for contempt requires clear proof of intentional breach of court orders. This decision relied on constitutional provisions, judicial precedents regarding c