Sri Lanka Consolidated Acts

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Criminal Justice Commissions Act (No. 14 of 1972) - Sect 2

Establishment of Criminal Justice Commissions

2.
(1) Whenever the Governor-General is of opinion-
(a) that, within a specified period, whether generally or in a particular area or district, there have been committed, before or after the date of commencement of this Act,-
(i) offences in connection with, in the course of, or during, any rebellion or insurrection, or
(ii) offences in relation to currency or foreign exchange of such a scale and nature as to endanger the national economy or interest, or
(iii) widespread offences of destruction, damage or destroying of factories, industrial plant and other installations, whether public or private, and
(b) that the practice and procedure of the ordinary courts are inadequate to administer criminal justice for the purpose of securing the trial and punishment of the persons who committed such offences,
(2) A Commission established under this Act shall be deemed to be a superior court of record.
(3) Subject to the other provisions of this Act, the terms of reference of a Commission shall be-
(a) to inquire into generally the circumstances which led to, and all other matters connected with or incidental to, the commission, during such period, of offences of the description and character set out in the warrant establishing the Commission issued under this Act;
(b) to inquire and determine whether any person or persons and if so what persons were or were not guilty of such offences; and
(c) to deal with the persons so found guilty or not guilty in the manner prescribed by this Act.
(4) Where a warrant establishing a Commission is issued by the Governor-General under the preceding provisions of this section in consequence of his opinion, under such provisions, expressed in the warrant, such opinion and such warrant shall be final and conclusive and shall not be called in question in any court or tribunal, whether by way of action, application in revision, appeal, writ or otherwise.


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