CA TURNS DOWN WIGGIES’ REQUEST TO DEFER CONTEMPT PROCEEDINGS

A request made by Northern Province Chief Minister C.V.Wigneswaran to defer contempt of court proceedings filed against him was yesterday rejected by the Court of Appeal. Wigneswaran through his lawyer K.Kanag-iswaran PC made an application to defer contempt of court proceedings until the Supreme Court makes an order regarding a leave to appeal petition filed by his client.

However, the Court of Appeal’s two-judge-bench comprising Justice Kumuduni Wickremesinghe and Justice Janak de Silva decided to proceed with the contempt of court charges. The Court of Appeal made this order as a part of contempt of court proceedings filed by B.Denishwaran alleging that the Northern Province Chief Minister C.V. Wigneswaran and Ananthi Sasitharan and K.Sivanesan have willfully acted in contempt of the Court of Appeal order since they prevented him from acting as a Minister of the Northern Province. Wigneswaran and two others appeared before the Court of Appeal yesterday over the complaint that they have intentionally acted in contempt of the Court of Appeal order.

President’s Counsel K.Kanag-iswaran raised several preliminary objections regarding the maintainability of the contempt of court proceedings.Further hearing fixed for October 16. The Court of Appeal yesterday further extended the Interim Order, preventing the decision of Northern Province Chief Minister C.V.Wigneswaran to remove B.Denishwaran from functioning as the province’s Fisheries and Transport Minister until October 17. Denishwaran stated that Justice Wigneswaran has, by his conduct and statements, acted in contumacious and willful disobedience of the order of the Court of Appeal and thus committed an act of contempt against the authority and dignity of the Court of Appeal.

The Court of Appeal on June 29 issued an Interim Order preventing the decision of Northern Province Chief Minister C.V.Wigneswaran to expel B.Denishwaran from functioning as the province’s Fisheries and Transport Minister. The petitioner B.Denishwaran had challenged Northern Province Chief Minister C.V. Wigneswaran in the Court of Appeal, complaining that the Chief Minister had no power to appoint or remove any Provincial Council minister.

Wigneswaran had also filed an appeal in the Supreme Court challenging the Court of Appeal’s Interim Order to prevent Wigneswaran’s decision to remove B. Denishwaran from functioning as the province’s Fisheries and Transport Minister. This appeal is to be taken up before Court on September 28. Counsel Suren Fernando appeared for petitioner Denishwaran. President’s Counsel K. Kanag-iswaran appeared for Chief Minister Wigneswaran. M.A.Sumanthiran PC appeared for the fifth respondent.