The Constitution of the Democratic Socialist Republic of Sri Lanka
140. Subject to the provisions of the Constitution, the
Court of Appeal shall have full power and authority to inspect
and examine the records of any Court of First Instance or
tribunal or other institution and grant and issue, according to
law, orders in the nature of writs of certiorari, prohibition,
procedendo, mandamus and quo warranto against the judge of
any Court of First Instance or tribunal or other institution or any
other person:
Power to issue
writs, other than
writs of habeas
corpus
113
[Provided that Parliament may by law provide that in
any such category of cases as may be specified in such law, the
jurisdiction conferred on the Court of Appeal by the preceding
provisions of this Article shall be exercised by the Supreme
Court and not by the Court of Appeal.]
141. The Court of Appeal may grant and issue orders in
the nature of writs of habeas corpus to bring up before such
Court –
(a)
the body of any person to be dealt with
according to law; or
(b)
the body of any person illegally or improperly
detained in public or private custody,
and to discharge or remand and person so brought up
or otherwise deal with such person according to law:
Provided that it shall be lawful for the Court of Appeal to
require the body of such person to be brought up before the most
convenient Court of First Instance and to direct the judge of
such court to inquire into and report upon the acts of the alleged
imprisonment or detention and to make such provision for the
interim custody of the body produced as to such court shall seem
right ; and the Court of Appeal shall upon the receipt of such
report, make order to discharge or remand the person so alleged
to be imprisoned or detained or otherwise deal with such person
according to law and the Court of First Instance shall conform
to and carry into immediate effect, the order so pronounced or
made by the Court of Appeal:
Provided further that if provision be made by law for the
by any
of
in
of the
and control of minor children, then the Court of Appeal, if
satisfied that any dispute regarding the custody of any such
minor child may more properly be dealt with by such court,
direct the parties to make application in that court in respect of
the custody of such minor child.
113 - Inserted by the First Amendment to the Constitution Sec. 2 w. e. f. 7th September 1978.
109
Power to issue
writs of habeas
corpus
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