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Phone going off inside Court is not contempt of court: HCLA

2 December 2015 04:53 pm - 17     - {{hitsCtrl.values.hits}}


Commenting on a case filed against former solicitor general and President Counsel Rienzie Arsakularatne, whose mobile phone had reportedly rung inside the Galle High Court, the Hultsdorp High Court Lawyers’ Association (HCLA) today affirmed that when a phone rings inside a Court room it could not be considered a Contempt of Court as the occurrence was an involuntary act.

Secretary of the HCLA, Counsel Mohan Sellapperuma, explained that it was unreasonable to bring contempt of court charges against an individual for an involuntary act such as a person's phone going off since it is not an deliberate act.

If we don’t get a proper solution from other institutions, all High Court lawyers at Hultsdorp would be present in court for the case against PC Arsakularatne on January 22.

Meanwhile, the Colombo Magistrate’s Court Lawyers’ Association also expressed their solidarity with PC Arsakularatne saying if this matter is not settled amicably they would organize a peaceful protest against the Galle High Court Judge’s decision to bring charges against PC Arsakularatne.(Shehan Chamika Silva)


Video by Courts Prasanna

  Comments - 17

  • nimal Thursday, 03 December 2015 05:23 AM

    Who cares? so is it the biggest problem that country is facing now??

    Geoffrey Thursday, 03 December 2015 06:14 AM

    Why all the fuss and making the Judiciary a joke. Why not apologize and close the case.

    Lahin Thursday, 03 December 2015 07:37 AM

    The lawyers are making a fuss because it is one of their own. There is nothing involuntary about this. He could have switched off the phone or made it silent. Would the lawyers have jumped up if it was a non lawyer who got charged?

    Prazi Thursday, 03 December 2015 07:40 AM

    This is not a matter to waste time and prove baseless law points to justify innocence or to have media show where there is enough burning issues to deal with. All you need is to get Mr. Arsakularatne to make an apology for the inconvenience to the respective judge for his involuntary act as a matter of courtesy and respect. That will stop this unnecessary media shows where some people trying to become heroes from zeros.

    kotadeniyawaOIC Thursday, 03 December 2015 07:40 AM

    Ringing the phone may not be involuntary, but not turning it off, is!

    Sadath Thursday, 03 December 2015 09:17 AM

    Could you please tell me how to switch off the yawning when we inside the court ?

    man Thursday, 03 December 2015 09:30 AM

    When a Judge or a Lawyer violate the Law IT BECOMES THE LAW. When YOU

    roshan Thursday, 03 December 2015 09:40 AM

    yawning is also and involuntary act please look for medical definitions, but it does not help general public.

    kumarj Thursday, 03 December 2015 09:50 AM

    So a road accident is also not intentional. Can we apply that same principle for that and let the wrong person go scot-free? Now if no action is taken for this act, that should be a precedent for all citizens of this country and public should be allowed to ring their phones in court houses. Lets see how the law is going to act in such cases

    Indrajith Thursday, 03 December 2015 10:09 AM

    Ringing a phone is not an involuntary act.Mr Arsakularatna should have switched off his phone in the court room.It is a deliberate act of scant regard for the judiciary.Therefore it is contempt of courts and he should be punished. Making an apology to the judge is not correct as he has insulted the courts

    Prem Thursday, 03 December 2015 10:19 AM

    Where were HCLA when ordinary people were punished. Even in some cases their members have appeared in case of this nature for fees.even in this case they can appear and plead guilty and request pardon.

    Pinbooruwa Wednesday, 02 December 2015 11:03 PM

    Only doctors are allowed to carry phones into the operation theatres as they have to attend to emergencies in the wards. Lawyers do not attend to that sort of emergencies ( except from their homes). Therefore they must be penalized for carrying phones inside the Courthouse.

    ibadun Wednesday, 02 December 2015 11:14 PM

    thats fineWhat if this caused a public? recently there was a person imprisoned for 8 months just because his natural act

    kondaya77 Wednesday, 02 December 2015 11:28 PM

    One must learn to turn off their phones when one is in the court room when court is in session.My advice to lawyers is to go on strike, the usual thing to do.what a laugh!!!!

    Kasun Thursday, 03 December 2015 10:37 AM

    Yawning is an involuntary act, one person was imprisoned for 8 months for yawning in court. Will the lawyers fight for him as well. Not switching off phone is not an involuntary act. What hypocrisy ?

    smith Thursday, 03 December 2015 11:23 AM

    when it happens to you guys its a mistake, but for us its a crime. what duplicity...when a basic human right of yawning is exercised a person is fines, so this should not be a exception just becos he is a senior lawyer

    medalankar Thursday, 03 December 2015 12:56 AM

    Law must be the same for everybody, be it a prominent lawyer or a poor innocent man. Why the heck did not the lawyers when a man was sent to jail for yawning?

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