Kankanam Gamage Saman Priyadarshana Vs. W. Sudesh Nandimal Silva and others – COC/03/2019-2019

In the case between Kankanam Gamage Saman Priyadarshana (Petitioner) and W. Sudesh Nandimal Silva, H. Senaka Perera (Accused-Respondents), the court examined whether alleged false averments made in the petitioner’s affidavit could serve as grounds for punishment for Contempt of Court under Article 105(3) of the Constitution. The matter arose when the petitioner sought to have the respondents punished for contempt, alleging that the respondents had made false statements in court documents. The respondents objected preliminarily, asserting that false averments in an affidavit, without having been formally marked and proved at an inquiry, could not constitute contempt. It was determined that a finding on this issue required evidence to be adduced through live testimony, with both parties give