102
The Constitution of the Democratic Socialist Republic of Sri Lanka
(2) The Supreme Court shall determine such question
within two months of the date of reference and make any such
consequential order as the circumstances of the case may
require.
Fundamental
rights jurisdiction
and its exercise
126. (1) The Supreme Court shall have sole and exclusive
jurisdiction to hear and determine any question relating to
the infringement or imminent infringement by executive or
administrative action of any fundamental right or language right
declared and recognized by Chapter III or Chapter IV.
(2) Where any person alleges that any such fundamental
right or language right relating to such person has been
infringed or is about to be infringed by executive or
administrative action, he may himself or by an attorney-at-law
on his behalf, within one month thereof, in accordance with
such rules of court as may be in force, apply to the Supreme
Court by way of petition in writing addressed to such Court
praying for relief or redress in respect of such infringement.
Such application may be proceeded with only with leave to
proceed first had and obtained from the Supreme Court, which
leave may be granted or refused, as the case may be, by not less
than two judges.
(3) Where in the course of hearing in the Court of Appeal
into an application for orders in the nature of a writ of habeas
corpus, certiorari, prohibition, procedendo, mandamus or quo
warranto, 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 by a party to such
application, such Court shall forthwith refer such matter for
determination by the Supreme Court.
(4) The Supreme Court shall have power to grant such
relief or make such directions as it may deem just and equitable
in the circumstance in respect of any petition or reference
referred to in paragraphs (2) and (3) of this Article or refer the
matter back to the Court of Appeal if in its opinion there is no
infringement of a fundamental right or language right.
(5) The Supreme Court shall hear and finally dispose of
any petition or reference under this Article within two months
of the filing of such petition or the making of such reference.
Appellate
jurisdiction
127. (1) The Supreme Court shall, subject to the
Constitution, be the final Court of civil and criminal appellate
jurisdiction for and within the Republic of Sri Lanka for the
correction of all errors in fact or in law which shall be
committed by the Court of Appeal or any Court of First
Instance, tribunal or other institution and the judgments and
orders of the Supreme Court shall in all cases be final and
conclusive in all such matters.
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