Professor Mahinda Pathirana has insulted the judiciary

Mahinda Pathirana, who claims to be a professor, has written a post on his Facebook account, attaching a reference to a news item broadcast on Hiru TV as an excerpt, alleging that the members of the medical board appointed to examine the health of retired Major General Suresh Sale, who is currently in custody, are members of the Liberation Front.

This medical board was appointed on the orders of Magistrate Pasan Amarasena. In this case, Professor Mahinda Pathirana’s accusation can be considered as an insult to the judiciary.

Mahinda Pathirana is said to be a close associate of former Minister Basil Rajapaksa. However, Mahinda Pathirana’s statements reveal that he is a devotee who worships the Rajapaksas rather than a political partisan.

 Mahinda Pathirana is under severe mental stress over the Rajapaksa family losing political power in the country. It can be read from his Facebook account that Mahinda Pathirana is posting Montessori children's publications on social media on behalf of the Rajapaksa family, even without considering his profession.

Contempt of court means acting in a manner that damages or obstructs the authority, dignity and administration of justice of the court. It is a criminal offense, and this law is implemented to protect the independence of the court and public confidence. 

Contempt of court, ignoring court orders, obstructing a trial and making false accusations are among these offenses. Depending on the nature of the offense, the court may impose a specific fine or imprisonment.

 The main legal provisions and provisions affecting contempt of court in this country are contained in the Constitution of Sri Lanka 1978, the New Act No. 08 of 2024, and the Judiciary Act No. 02 of 1978. 

Article 105(3) of the Constitution states that the Supreme Court and the Court of Appeal have the power to try and punish contempt of court committed before them or elsewhere with imprisonment or fine or both. 

Section 3 of the New Act No. 08 of 2024 clarifies what acts are considered contempt of court.  Section 3(1)A of the Act deals with the contempt or contempt of a court, tribunal or authority or the administration of justice, while Section 3(1)B deals with the obstruction or serious prejudice of a pending case. 

Section 06 of the Act deals with the power to punish the Supreme Court and the Court of Appeal for contempt of court. Section 18 of the Act deals with the punishment for contempt of the High Court, while Section 55 deals with the punishment for contempt of district courts and magistrates’ courts. 

Professor Mahinda Pathirana is not a citizen who does not know the seriousness of contempt of court. But we think that his mind is now deranged. It is clear that the JVP politics has been linked to an order of the magistrate’s court because of this derangement.