1951 Present : Gratiaen J. and Gunasekara J.

In re KANAGARATNAM et al.

S. C. 19-21-D. C. Jaffna, 6,457B

Contempt of Court-Proceedings for sequestration before judgment-Wilfully making false statement-Ingredients-Bias of trial judge-Civil Procedure Code, s. 656.

The mere swearing of an affidavit which contains a statement that is factually incorrect cannot amount to a contempt of court within the meaning of section 656 of the Civil Procedure Code. The provisions of that section empower a court to punish as for a contempt only a person wilfully making a false statement.
A charge of contempt of court ought not to be tried by a judge who has already reached the conclusion that the accused person is guilty.

APPEAL from a judgment of the District Court, Jaffna.

H. V. Perera, K.C., with T. Somasunderam, for the appellants.

R. A. Kannangara, Crown Counsel, for the Attorney-General.

Cur. adv. vult.

August 20, 1951. GUNASEKARA J.-

Each of the three appellants was convicted in the District Court of Jaffna on a charge of contempt and they were fined Rs. 1,000, Rs. 500 and Rs. 1,000, respectively. At the close of the argument in appeal we set asid