Sri Lanka Consolidated Acts

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Special Presidential Commissions of Inquiry (Special Provisions) Act (No. 4 of 1978) - Sect 7

Insertion of new sections 18A and 18B in the principal enactment

7. The following new sections are hereby inserted immediately after section 18 of the principal enactment and shall have effect as sections 18A and 18B of that enactment :-
18A.
(1) Every application to the Court of Appeal in relation to any commission established or purported to have been established under this Law or any member thereof and every application to such Court to which such commission or a member thereof is a party shall, where such commission at the time it was so established or such application is made consists of at least one Judge who is or was a Judge of the Supreme Court or Court of Appeal or where such member at the time of his appointment as a member of a commission or at the time of the application is or was a Judge of the Supreme Court or of the Court of Appeal, stand transferred to the Supreme Court which shall in respect of such application have and exercise all the powers of the Court of Appeal and the Court of Appeal shall not have or exercise any power or jurisdiction to deal with such application.
(2) No court shall, notwithstanding anything to the contrary, have power or jurisdiction to make any order at any stage whatsoever and in any manner-
(a) staying; suspending or prohibiting the holding of any proceeding before or by any commission established by warrant issued by the President in the exercise or purported exercise of the powers vested in the President under section 2 (1) or the making; of any order, finding, report, determination, ruling or recommendation by any such commission ;
(b) setting aside or varying any order, finding, report, determination, ruling or recommendation of any such commission :
18B. No court shall grant an order staying the proceedings of any commission on the ground that any matter which is the subject of inquiry before the commission is the same matter or substantially the same matter which, whether directly or indirectly, arises or is likely to arise for consideration or determination in any proceedings before any court. ".


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