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Ensuring Justice in Contempt Proceedings: A Plea for Remedies Against Supreme Court Verdicts in Sri Lanka Cover

Ensuring Justice in Contempt Proceedings: A Plea for Remedies Against Supreme Court Verdicts in Sri Lanka

By:   
Open Access
|Dec 2024

Abstract

The Contempt of Court, Tribunal, or Institution Act, No. 8 of 2024, was introduced to standardise procedures and clarify punitive measures for contempt convictions in Sri Lanka. However, significant deficiencies persist, particularly the absence of judicial remedies against Supreme Court verdicts on contempt convictions, which remains a critical issue. Through a comparative analysis of the legal frameworks in the United Kingdom and India, this study highlights the effectiveness of their review mechanisms in ensuring accountability and preventing miscarriages of justice in contempt convictions. The study proposes constitutional amendments to establish a similar review mechanism tailored to Sri Lanka’s legal context. By adopting such provisions, Sri Lanka can reduce the risk of judicial errors, uphold judicial integrity, and strengthen public confidence in the judiciary. Using a doctrinal and comparative methodology, the study analyses legislation, case law, and scholarly literature from Sri Lanka, the United Kingdom, and India to provide comprehensive insights into potential reforms.

Language: English
Page range: 177 - 202
Published on: Dec 31, 2024
Published by: Faculty of Law, University of Colombo
In partnership with: Paradigm Publishing Services

© 2024 V. Kamal Ahamed, published by Faculty of Law, University of Colombo
This work is licensed under the Creative Commons Attribution 4.0 License.