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

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TABLE OF RECOMMENDATIONS OF OTHER COMMISSIONS OF INQUIRY<br />

REPORT OF THE COMMISSION TO INQUIRE INTO AND REPORT ON ASSASSINATION<br />

OF S.W.R.D. BANDARANAIKE, 1965<br />

CATEGORY OF REC RECOMMENDATION<br />

Contempt We consider it necessary to bring to your Excellency’s notice a deficiency in the legal<br />

provisions relevant to the Commissions <strong>of</strong> Inquiry appointed in terms <strong>of</strong> the Commissions<br />

<strong>of</strong> Inquiry Act. Section 12 <strong>of</strong> that Act enumerates the acts and omissions which constitute<br />

the <strong>of</strong>fence <strong>of</strong> contempt against or in disrespect <strong>of</strong> the authority <strong>of</strong> the Commission.<br />

Particularly in cases where judges are appointed Commissioners under this Act, we<br />

thinks its necessary, in order to enable them to perform their functions efficiently and<br />

with independence and so better secure the public interest, to extend the definition <strong>of</strong><br />

contempt against or in disrespect <strong>of</strong> the authority <strong>of</strong> the Commission to certain other<br />

acts and omissions. It is hardly necessary for us here to attempt to indicate the limits <strong>of</strong><br />

the area <strong>of</strong> such extension. We may, however, take leave to point out that the legislature<br />

appears to have contemplated in 1958 an amendment <strong>of</strong> the law somewhat along the lines<br />

we have in mind. We gather that a Bill drafted about that time to amend the Commissions<br />

<strong>of</strong> Inquiry Act was not proceeded with for reasons <strong>of</strong> which we are unaware. The efficient<br />

performance <strong>of</strong> the work <strong>of</strong> the Commissions and the public interest alike demand the<br />

supplying <strong>of</strong> the present deficiencies <strong>of</strong> the relevant law. 215<br />

215.<br />

Commission Report, 1965, p.5.<br />

141

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