Contempt proceedings to begin in the Court of Appeal against Sri Lanka Insurance for failing to provide information

December 24, 2021

The Court of Appeal has decided to initiate contempt of court proceedings against the Information Officer and Company Secretary of Sri Lanka Insurance Corporation Ltd for violating a court order by not providing information sought by an individual in terms of the Right to Information Act. Being a layman appearing in person before the Court, V. Y. Sabarthnam alleged that the information sought and agreed to be made available was not provided to him by Sri Lanka Insurance Corporation Ltd. A two-judge bench of the Court of Appeal comprising Justice Sampath Abayakoon and Justice Priyantha Fernando observed that the complainant has adduced sufficient prima facie grounds for the Court of Appeal to initiate contempt of court proceedings against the defendants. The defendants are Attorney-at-Law Ruwani Dharmawardena(Information Officer) and K. A. Vimalenthirarajah (Designated Officer and Chairman) in terms of Article 105(3) of the constitution. The Court directed the complainant to file summons, the charge, and the list of witnesses and productions to serve on the defendants. The Court of Appeal directed the Registrar to take necessary steps to serve the summons along with the charge sheet on the defendants. The SLIC had filed an appeal against a determination made by the Right to Information Commission of Sri Lanka. However, the SLIC withdrew the appeal and had agreed to provide the information sought by the complainant. Counsel for the defendant in the preliminary objections tendered has taken up several technical objections, challenging the maintainability of the complaint and has sought the dismissal of the complaint in limine, on the basis that there was no contempt and that they have complied with the judgment of the Court of Appeal. The Court of Appeal held that this kind of trivial technical objection should not be allowed to stand in the way of a litigant who is seeking redress from the Court.

Contempt proceedings to begin in the Court of Appeal against Sri Lanka Insurance for failing to provide information

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