sri lanka's commissions of inquiry - Law & Society Trust

LEGAL REFORM
CATEGORY
OF REC
RECOMMENDATION
(AS STATED IN REPORT)
Reforms of both the law and the administration of the law,
required to enable speed of response. The opportunity to invoke
this jurisdiction no sooner a situation of unacknowledged custody
arises is the first requisite. V.3.(i)
Judicial Reform Enlargement of the Magistrate’s Court’s Jurisdiction in Habeas
Corpus Applications as well as retention of present powers. 181
IV.11(i)
CoI &
REPORT
Southern, Final
(175)
Southern, Final
(174)
YEAR
1997
1997
181.
Article 141 of the Constitution of the Democratic Socialist Republic of Sri Lanka, 1978 vests in the Court of Appeal the jurisdiction to issue
writs in the nature of Habeas Corpus “provided that it shall be lawful for the Court of Appeal to require the body of such person to be brought
up before the most convenient Court of First Instance and to direct the judge of such court to inquire into and report upon the acts of the
alleged imprisonment or detention and to make such provision for the interim custody of the body produced as to such court shall seem right;
and the Court of Appeal shall upon the receipt of such report, make order to discharge or remand the person so alleged to be imprisoned or
detained or otherwise deal with such person according to law, and the Court of First Instance shall conform to, and carry into immediate
effect, the order so pronounced or made by the Court of Appeal”. It must be noted that under Article 154 P paragraph 4 introduced by the 13th
Amendment to the Constitution of the Democratic Socialist Republic of Sri Lanka (1978) certified on 14 November 1987, the Provincial High
Courts have jurisdiction to “issue according to law, orders in the nature of Habeas Corpus in respect of persons illegally detained within the
Province…” The original jurisdiction to receive petitions and affidavits and to decide habeas cases remains with the Court of Appeal and the
Provincial High Court.
117