Attorney-at-law Jayathunga Patabandige Susil Priyantha Jayathunga vs. President’s Counsel Romesh De Silva – CA COC/0001/23-2023

In the case between Attorney-at-law Jayathunga Patabandige (Susil Priyantha Jayathunga) and President’s Counsel Romesh De Silva, the court addressed the issue of whether the applicant’s allegations of contempt of court under Article 105(3) of the Constitution met the threshold to justify issuing summons and a charge sheet. It was held that the charges did not establish a prima facie case for contempt, reaffirming the principle that contempt proceedings within appellate courts must adhere to standards akin to criminal procedure and require a rigorous prima facie basis. Reliance was placed on statutory provisions and established case law distinguishing civil and criminal procedure in contempt context, emphasizing that not all conduct unbecoming or controversial courtroom representations cons