Sri Lanka Consolidated Acts

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High Court of the Provinces (Special Provisions) Act (No. 19 of 1990) - Sect 8

to Reference to Supreme Court of ep-3cs involving infringement of fundamental rights and language rights

8.
(1) Where in the course of hearing in a High Court established by Article 154P of the Constitution, into an application for an order in the nature of a writ of habeas corpus, certiorari, prohibition procedendo, mandamus or quo warrarnto . it appears to such court that there is prima facie evidence of an infringement or imminent infringement of the provisions of Chapter III or Chapter IV of the Constitution by a party to such application, such court shall forthwith refer such matter for determination by the Supreme Court.
(2) The Supreme Court shall have power to grant such relief or make such directions as it may deem just and equitable in the circumstances in respect of any reference referred to in subsection (i) or refer the matter back to such High Court, if in its opinion there is no infringement of a fundamental right or language right.
(3) The Supreme Court shall hear and finally dispose of a reference under this section within two months of the making of such reference.


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