Abrahams C.J., Akbar S.P.J., And Koch J.

1936  Present : Abrahams C.J., Akbar S.P.J., and Koch J.

In the Matter of a Rule under Section 51 of the Courts Ordinance
 on H. A. J. Hulugalle, Editor, " Ceylon Daily News ".

Contempt of court-Article scandalising the Judges of the Supreme Court- Imputation against them in taking unauthorized holidays-Article calculated to lower the authority of the Supreme Court-What constitutes contempt.

The respondent, the Editor of the " Ceylon Daily News ", was charged with contempt of court in respect of certain passages appearing in a leading article, published in his newspaper.

The article entitled "Justice on holiday" was in the following terms:-

With all this talk of the law's delays it seems an ironical jest that the Supreme Court and the District Courts of Colombo should close for two weeks, presumably for the Race Meet in Colombo. This fortnight's relaxation appears to be the special privilege of these Courts, for the other Courts in Colombo and the outstations, as well as the Legal Department are expected to perform their duties during that period. His Majesty's Judges in England are not off duty for the Derby or for the fasionable Ascot Meet. They do not obviously mix up sport with their judicial functions. Here in Ceylon Public Servants have a surfeit of holidays to make less fortunate members of the public grow green with envy.
But when in addition to Christmas holidays, the long Easte vacation, and the other leave privileges the Supreme Court and the District Court of Colombo close shop during the August Race Meet, the public has a right, to question the propriety of this tradition. It is indeed a tradition of what old bureaucrats would call the halcyon days of the public service when Government servants did just as they liked. Now times have changed and especially in the case of the judiciary there is the greater necessity to speed up the administration of justice if the public grievance

about the law's delay is to be redressed. But, instead of removing the obvious causes which lead to arrears of work, the tendency is to talk glibly about lack of staff and the need for more officers to man the judiciary. The tax payer is always there to give his money to pay for more Judges, more Commissioners of Assize and other officers. Even in his Budget speech Sir Baron Jayatilaka dwelt at length on the law's delays and prefaced his remarks on that point by announcing the increase in the financial provision made for the Supreme Court. Neither more funds nor more personnel for the judiciary will help in preventing delays in the administration of justice so long as the tradition symbolised in the August race meet holidays continues. After all what is this great sport for which justice is held up for a fortnight ? It may have been sport in the past but to-day it seems to have descended to an orgy of gambling shared by the high and the low of the land. It does seem incongruous that two weeks intensive operations in spotting the double and treble should coincide with special leave for Courts of law. The sooner the judicial officers and members of the legal profession co-operate to stop this exclusive August holiday the nearer will be the day when there will be no complaint about the law's delay.

Held, that the article imputed a serious breach of duty to the Judges of the Supreme Court in taking an unauthorized holiday during the month of August for the purpose of attending a race meeting-whereas in fact the August vacation was authorized by Statute-and contained a further imputation of dishonesty to the Judges in attributing the arrears of work in the Supreme Court to lack of staff and funds while the arrears were really due to their addiction to sport instead of a conscientious devotion to their duties.

Held further, that the article was calculated to bring the Supreme Court into contempt and to lower its authority.

In order to bring a Court or Judge in

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