Sri Lanka Consolidated Acts

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Sri Lanka Press Council Law (No. 5 of 1973) - Sect 12

Offences under the Law in connection with inquiries held by the Council

12.
(1) Where any person-
(a) without sufficient reason publishes any statement or does anything that brings the Council or any member thereof into disrepute during the progress or after the conclusion of any inquiry conducted by such Council; or
(b) interferes with the lawful process of the Council: or
(c) in the course of an inquiry being held by the Council under this Law-
(i) fails without cause, which in the opinion of the Council is reasonable, to appear before the Council at the time and place mentioned in any summons issued by the Council; or
(ii) refuses to be sworn or having "been duly sworn, refuses or fails without cause, which in the opinion of the Council is reasonable, to answer any question put to him touching the matters being inquired into by the Council, or
(iii) refuses or fails without cause, which in the opinion of the Council is reasonable, to produce and show to the Council any document or other thing which is in his possession or power and which is in the opinion of the Council necessary for arriving at the truth of the matters being inquired into by the Council,
(2) Where the Council determines that a person has committed any offence of contempt (referred to in subsection (1)) against or in disrespect of its authority, the Council may cause its Secretary to transmit to the Supreme Court a certificate setting out such determination; every such certificate shall be signed by the Chairman of the Council.
(3) In any proceedings for the punishment of an offence of contempt which the Supreme Court may think fit to take cognizance of as provided in subsection (5) hereunder, any document purporting to be a certificate signed and transmitted to the Court under subsection (2) shall-
(a) be received in evidence, and be deemed to be such a certificate without further proof unless the contrary is proved; and
(b) be conclusive evidence that the determination set out in the certificate was made by the Council and of the facts stated in the determination.
(4) In any proceedings taken as provided in subsection (5) hereunder for the punishment of any alleged offence of contempt against or in disrespect of the authority of the Council, no member of the Council shall, except with his own consent, be summoned or examined as a witness.
(5) Every offence of contempt committed against or in disrespect of the authority of the Council shall be punishable by the Supreme Court or any Judge thereof under section 47 of the Courts Ordinance as though it were an offence of contempt committed against or in disrespect of the authority of that Court.


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