Remanding a man for ringing of phone Legal fraternity raises concerns over contempt laws following custodial death

• The deceased had arrived at the Embilipitiya Magistrate’s Court on April 30 to serve as a surety for a friend involved in a traffic offense case

By Lakmal Sooriyagoda

The death of a 46-year-old man held in remand custody for alleged contempt of court has sparked widespread concern among legal professionals and civil society over the sweeping powers granted to the judiciary under Sri Lanka’s contempt laws.

The deceased, Asanka Indunil, a resident of Embilipitiya, had arrived at the Embilipitiya Magistrate’s Court on April 30 to serve as a surety for a friend involved in a traffic offense case. However, during court proceedings, Indunil’s mobile phone reportedly rang accidentally, leading to his immediate arrest on charges of obstructing court proceedings. He was subsequently remanded for 14 days.

Tragically, Indunil passed away while in remand custody. The Judicial Medical Officer’s report stated that death was the result of an assault, noting brain injuries from a blunt force impact and internal bleeding consistent with trauma to the chest.

The incident has ignited a firestorm of criticism from the legal fraternity, who argue that the country’s contempt laws are overly broad and prone to abuse.

In a Facebook post, Bar Association of Sri Lanka (BASL) President Rajeev Amarasuriya emphasised the urgency of reform. “The contempt law has to be urgently addressed,” he stated, adding that the BASL is awaiting the findings of a special committee appointed at its Executive Committee meeting to review the issue.

Former BASL President Saliya Pieris also posted a Facebook message regarding the incident. “Overreaction to minor events by a few does not enhance the respect for the judiciary. Rather, it damages the judiciary,” he wrote. “It beats me as to how the accidental ringing of a mobile phone can be contempt of court.”

Civil rights attorney and activist Namal Rajapaksha placed the blame on the government and the Justice Ministry, accusing them of failing to reform outdated laws that undermine fundamental rights. “The government and the Minister of Justice must be held accountable for not repealing or amending arbitrary laws that suppress human rights and human dignity,” he stated.