1961 Present : Tambiah, J.

IN RE U. P. JAYATILAKE

S. C. 495-Application in Revision in M. C. Colombo South, 8078

Contempt of Court-Jurisdiction of an inferior Court to punish for contempt of court- Newspaper publications-Principles underlying law of contempt-Courts Ordinance (Cap. 6), as. 47, 57-Civil Procedure Code, s. 839.

In the course of an order made by him a Magistrate had stated, " Theft of articles from Government Departments is frequent but not easily detected ". The respondent-petitioner, who was a newspaper reporter, published a news item stating that the Magistrate, when passing a sentence of three months' rigorous imprisonment on a railway watcher for having stolen pieces of brass, , had said, " Thefts in Government institutions are increasing by leaps and bounds ". The Magistrate, thereupon, issued a notice directing the respondent-petitioner to appear before him to show cause, if any, why he should not be punished for contempt of court for publishing a false report.

Held, that the publication of the false report, even if it was assumed to amount to a contempt of court, was not punishable by the Magistrate under section 57 of the Courts Ordinance inasmuch as : (1) it was not committed in the presence of the court, and (2) it was not an offence which was committed in the course of any act or proceeding in the court, and which was declared by any law to be punishable as a contempt of court.

Held further, that the publication for which the respondent-petitioner was responsible could not be said to amount to a contempt of court.

APPLICATION to set aside an order of the Magistrate's Court, Colombo South.

G. T. Samarawickreme, for the respondent-petitioner.

J. C. T. Weeraratne, Crown Counsel, with H. B. White, Crown Counsel, as amicus curiae

Cur. adv. vult.

March 2, 1961. TAMBIAH, J.-

This is an application to revise the order of the learned Magistrate of Colombo South asking the respondent-petitioner to show cause why he should not be dealt with for contempt of Court. The facts leading to the making of this order are briefly as follows :

The learned Magistrate in the course of an order he made in case No. 466/N had stated:" Theft of articles from Government Departments is frequent but not easily detected ".

The respondent-petitioner is a correspondent of the " Ceylon Daily News ". On the 14th October 1960 the following news item, for which he was responsible, appeared in the above newspaper in reference to the above case :-

" Watcher Stole.

(From our Mt. Lavinia Correspondent)

' Thefts in Government institutions are increasing by leaps and bounds ' said Mr. D. S. L. P. Abeyasekera, the Colombo South Magistrate, in passing a sentence of three months' hard labour on a railway watcher, S. D. Wilbert, of the Railway Workshops, Ratmalana, for having stolen pieces of brass. "

On 14.10.60, the learned Magistrate issued notice directing the respondent-petitioner to appear before him on 17.10.60 and to show cause, if any, why he should not be punished for contempt of Court for inserting a false report in the "Ceylon Daily News "of 14.10.60. The learned Magistrate fixed the matter for inquiry, and, by the order of this Court, he was requested to stop further proceedings. On 17.10.60, when the respondent-petitioner appeared in Court, it was submitted on his behalf that the Magistrate had no jurisdiction to inquire into and adjudicate upon the charge of contempt of Court as the act alleged was not done in the presence of the Court. The learned Magistrate adjourned proceedings till 8.11.60 as he desired to obtain assistance from the Attorney-General. However, on 8.11.60 the Magistrate stated that he had decided the matter, and did not require assistance from the Crown Counsel, and purporting to act under section 839 of the Civil Procedure Code, held that he had jurisdiction to adjudicate upon the charge.

It is necessary to consider the statutory p