In The Matter Of Armand De Souza, Editor Of The Ceylon Morning Leader

Present  : Pereira J. 1914.

In the Matter of the Rule on DE SOUZA, Editor of the
Ceylon Morning Leader, to show cause why he should
not be punished for Contempt of Court.

Contempt of Court-Proper process to be issued by Supreme Court- Publication of false material concerning a trial calculated to hold the Court up to odium-Attributing to Judge conduct akin to bullying a jury-Judge may direct a jury to reconsider verdict if he does not approve of it.

The proper process to be issued by the Supreme Court requiring the attendance in Court of the accused in a proceeding for contempt of Court is a Rule under the Seal of the Court, Although a summons under section 798 of the Civil Procedure Code would not be altogether out of order.

The deliberate and wilful publication in a newspaper of false and fabricated material concerning a trial had in Court, calculated to hold the Court or the Judge thereof up to odium or ridicule, amounts to an undue interference with the administration of justice and an obstruction to public justice, and is hence a contempt of Court; and so is the publication of a charge attributing to the Judge conduct akin to bullying the jury.

On a criminal trial in the Supreme Court, if the Judge does not approve of the verdict returned by the jury, be may direct them to reconsider it.

THE rule served on the defendant was as follows :-

Upon reading the paragraph entitled "An Extraordinary Huftsdorp Incident, " which was printed and published in the Ceylon Morning Leader newspaper of Tuesday, March 31, 1914, and the editorial article headed " The Bights and Wrongs of Jurors," printed and published in the issue of the said newspaper of Wednesday, April 1, 1914, which paragraph and editorial article had reference to certain proceedings had on the trial of one Kahatapiliyege Pedrick for culpable homicide sot amounting to murder on March 30, 1914, at a sitting of the Hon. the Supreme Court in its criminal jurisdiction, the Hon. Mr. James Cecil Walter Pereira, K.C., Puisne Justice, presiding, it is ordered that Armand de Sousza, editor of the said Ceylon Morning Leader newspaper, do appear in person and show cause before the said Court sitting as aforesaid at Hulftsdorp on Friday next, the 3rd instant, at 11 o'clock of the forenoon, why be should not be punished for contempt of Court for holding up to public odium the said Judge at the said Court in the manner following :-

(1) By setting forth in the said paragraph headed " An Extra ordinary Hulftsdorp Incident" in the said newspaper certain false and fabricated statements intended and calculated to lead to the inference that the order made by that said Judge in the said case, directing the jury to reconsider their verdict, and discharging the jury from further service, was harsh, unreasonable, and vexatious; the false and fabricated statements being, inter alia, (1) that there was evidence in the said case that the deceased inflicted severe injuries on the accused and several of his relatives, whereas in truth and in fact there was absolutely no evidence that the deceased inflicted such injuries, and there was a total absence of evidence of any fact or circumstance that could possibly have supported a plea of the exercise by the accused of the rights of private defence of the person; (2) that only one witness, namely, the Police Vidane, undertook to say that it was the accused who dealt the fatal blow; (3) that it was not within the powers of the presiding Judge to direct reconsideration of a unanimous verdict; (4) that one of the jurors was assured by the Crown Counsel responsible for the prosecution that he personally had no hesitation in accepting their verdict as sound.

(2) By stating (in the editorial article aforesaid) that the said Judge was guilty of conduct " which came as near an exhibition of bullying as a Judge of his scrupulous care, l

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