Court makes historic recall on contempt ruling against DG
In a significant ruling that marks the first time a contempt rule has been recalled since the enactment of the Contempt of Court Act of 2024, the Court of Appeal of Sri Lanka has terminated proceedings against the Director General of Sports in a case concerning amendments to the Sri Lanka Rugby constitution.
The Court, presided over by Acting President Justice M.T. Mohammed Laffar and Justice K.P. Fernando, determined that no prima facie case of contempt existed against the Director General, who had allegedly violated an undertaking to hold an Annual General Meeting for Sri Lanka Rugby (SLR).
The case began when Roshan Damian Deen, President of the Western Province Rugby Football Union, and six others filed a petition seeking to prevent amendments to the Sri Lanka Rugby constitution. The matter was initially settled in December 2024, with the Director General agreeing to call an AGM to elect office bearers and subsequently address constitutional amendments proposed by World Rugby.
However, the petitioners later alleged that the Director General failed to comply with this undertaking, leading to contempt proceedings. In court, the Additional Solicitor General explained that the Director General could not fulfill the undertaking due to an enjoining order issued by the Colombo District Court, which legally prevented the AGM from taking place. Justice Laffar noted in his judgment that the Court had incorrectly issued notice on the respondent without first establishing whether a prima facie case existed, as required under Section 9 of the new Contempt Act.
“It is pertinent to note that, at the outset, the Petitioner, by way of a motion and affidavit, must satisfy the Court that there is a prima facie case of contempt of court against the Respondent,” stated Justice Laffar in the judgment delivered on Tuesday.
The Court acknowledged that the Director General “did not possess the mens rea or intention to willfully violate the undertaking previously given to this Court” and was legally prevented from complying due to the District Court order which “explicitly prohibited the conduct of the Annual General Meeting”.
Additional Solicitor General Sumathi Dharmawardena, appearing on behalf of the State and the Director General of Sports Shemal Fernando, brought the attention of the Court to the communication issued by World Rugby on May 12, 2025.
On May 12, World Rugby issued a strong warning to Sri Lanka that the failure to amend the constitution before May 23, 2025 and conduct AGM before June 15, would result in Sri Lanka’s suspension. In a critical part of the ruling, the Court also allowed the withdrawal of the earlier undertaking after considering World Rugby’s requirement that the Sri Lanka Rugby constitution be amended by May 23, 2025, to avoid the country’s suspension from international rugby.
The Court strongly endorsed the guidelines set out by World Rugby for conducting elections and implementing constitutional amendments, recognising their importance for Sri Lanka’s continued participation in international rugby competitions.
Justice Laffar emphasised the national interest at stake, noting that “rugby is a sport gaining increasing momentum and public interest within the country especially with particular interest in the Schools Rugby arena, and that this period presents a significant opportunity for Sri Lanka to further integrate into the international rugby community”.
The judgment highlighted that writs are discretionary remedies that must be balanced against public interest considerations, stating that judicial intervention would be inappropriate where the State had withdrawn an undertaking for reasons “grounded in national interest and international compliance”.
Legal experts have described this case as establishing an important precedent in the application of the new Contempt of Court Act, particularly regarding the preliminary requirement to establish prima facie evidence before proceeding with contempt charges.
The ruling ensures that Sri Lanka Rugby can now proceed with the constitutional amendments required by World Rugby before the May 23 deadline, potentially safeguarding the country’s status in international rugby competitions.