Sri Lanka Consolidated Acts

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Special Presidential Commissions Of Inquiry Law (No. 7 of 1978) - Sect 12

Failure to obey summons to give evidence &c

12.
(1) If any person upon whom a. summons is served under this Law-
(a) fails without cause, which in the opinion of the commission is reasonable, to appear before the commission at the time and place mentioned in the summons; or
(b) refuses to be sworn or affirmed or, having been duly sworn or affirmed, refuses or fails with- out cause, which in the opinion of the commission, is reasonable, to answer any question put to him touching the matters directed to be inquired into by the commission; or
(c) refuses or fails without cause, which in the opinion of the commission is reasonable, to produce and show to the commission any document or other thing which is in his possession or power- and which is in the opinion of the commission necessary for arriving at the truth of the Matters to be inquired into,
(2) Where a commission determines that a person has committed any offence of contempt under subsection (1) against, or in disrespect of, its authority, the commission 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 commission, or where the commission consists of only one person, by that person.
(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 section 10, 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 commission and of the facts stated In the determination,
(4) In any proceedings taken as provided In section 10 for the punishment of any alleged offence of con tempt against or in disrespect of, the authority of any commission no member of the commission shall, except with his own. consent, be summoned or examined as a witness,


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