Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 45

Power of Attorney-General to decide court or place at which trial should be held

45.
(1) Whenever it appears to the Attorney-General that it is expedient that the trial of any criminal offence should be transferred from any court or place to any other court or place, he may by his fiat in writing designate such last-mentioned court or place, and such trial shall be held accordingly on the authority of such fiat, which shall be filed of record with the proceedings in such trial.
(2) Any party considering himself aggrieved by any transfer made on any such fiat of the Attorney-General may apply to the Supreme Court, by motion supported by affidavit setting out the grounds of such application, for a retransfer or for a transfer to any other court or place, and the Supreme Court may, after notice to the Attorney-General, who shall, if he thinks fit, be heard to show cause against such motion, if it considers that good cause has been shown why the application should be granted, make order accordingly.
(3) Every accused person making any application under section 44 or under this section shall give to the Attorney-General, and also to the complainant, notice in writing of such application, together with a copy of the grounds on which it is made. No order shall be made on the merits of the application unless and until at least forty-eight hours have elapsed between the receipt of such notice and the hearing of the application.


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