Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Criminal Justice Commissions Act (No. 14 of 1972) - Sect 3

Appointment of members of a Commission

3.
(1) In every case where a Commission is established under this Act, the Chief Justice shall appoint by name the Judges of the Supreme Court (of whom he may be one) who shall be the members of the Commission, the number of such Judges so appointed not exceeding the number specified in the warrant establishing the Commission.
(2) Where-
(a) the Chief Justice is a member of the Commission, he shall be the Chairman of the Commission; or
(b) the Chief Justice is not a member of the Commission, the Chief Justice shall name one of the members of the Commission to be suck Chairman.
(3) At any inquiry before a Commission, the determination of any question before the Commission shall be according to the opinion of the majority of the members of the Commission.
(4) In the event of the death or incapacity of a member of a Commission after an inquiry under this Act has commenced, the inquiry may continue and be concluded before the remaining members of the Commission :
(5) Where, before the proceedings of any Commission are concluded, any member of that Commission reaches the age of retirement provided by law for the retirement of the Judges of the Supreme Court, he shall, notwithstanding such law, continue to hold office as a Judge of the Supreme Court and as a member of that Commission until the conclusion of the proceedings of that Commission.
(6) An inquiry by a Commission under this Act shall be commenced and held, with due regard to the interests of justice, as expeditiously as possible, and accordingly the Commission-
(a) may, where any pleader appearing for any person desires to address the Commission upon any question or matter, limit the duration of the address, and in such event require the address to be submitted in writing;
(b) may commence, or continue with, the inquiry notwithstanding that the pleader appearing for any person is absent or desires to withdraw from the case, or such person desires time to make a change of pleaders;
(c) may commence, or continue with, the inquiry in the absence of any person-
(i) if the Commission is satisfied that such person is evading arrest, or absconding, or feigning illness; or
(ii) with his consent; and
(d) shall take all such other steps as it may consider necessary for the purpose of enabling the inquiry to be expeditiously held.
(7) The members of a Commission shall be attend-ed on at any inquiry conducted by such Commission under this Act in the same manner as if they were Judges of the Supreme Court sitting at Assizes.


[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]