යෝජිත නව ආණ්ඩුක්‍රම ව්‍යවස්ථාව (Third Republic Constitution) Chapter XX

 CHAPTER XX

 

 

THE COURT OF APPEAL (AP)

 

 163.       The Court of Appeal shall consist of the President of the Court of Appeal and not less than fifteen and not more than twenty seven other Judges.

164.       (1) Court of Appeal shall have the jurisdiction to hear and determine any question relating to the infringement or imminent infringement by executive or administrative action of any Fundamental Right declared and recognized by Chapter IV.

(2) Where any person alleges that any such fundamental 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 three months thereof, in accordance with such rules of court as may be in force, apply to Court of Appeal by way of petition in writing addressed to such Court praying for relief or redress in respect of such infringement.

(3) Where in the course of hearing in 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 a Fundamental Right by a party to such application, such Court shall proceed for determination whether an infringement of Fundamental Rights has happened in addition to the current trial:

 

Provided that Supreme Court shall refer to Court of Appeal such matter to determine expeditiously whether an infringement of Fundamental Rights has happened, in case it appears to Supreme Court that there is prima facie evidence of infringement or imminent infringement of Fundamental Rights during the course of hearing in Supreme Court into an application for such orders as mentioned above.

 

(4) Court of Appeal 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.

(5) Court of Appeal shall hear and dispose of any petition or reference under this Article within two months of the filing of such petition or the making of such reference.

(6) Any party related to a petition of Fundamental Right, displeased by the verdict of Court of Appeal may appeal to Supreme Court.

165.       (1) Court of Appeal shall have and exercise subject to the provisions of the Constitution or of any law, an appellate jurisdiction for the correction of all errors in fact or in law which shall be committed by High Court, in the exercise of its appellate or original jurisdiction or by any Court of First Instance, tribunal or other institution and sole and exclusive cognizance, by way of appeal, revision and restitutio in integrum, of all causes, suits, actions, prosecutions, matters and things of which such High Court, Court of First Instance tribunal or other institution may have taken cognizance:

Provided that no judgment, decree or order of any court shall be reversed or varied on account of any error, defect or irregularity, which has not prejudiced the substantial rights of the parties or occasioned a failure of justice;

Further provided that Court of Appeal shall be the final appellate court for petitions originated in a Magistrate Court;

Further provided that Court of Appeal shall be the final appellate court for all Civil cases.

(2) Court of Appeal shall also have and exercise all such powers and jurisdiction, appellate and original, as Parliament or State Assembly may by law vest or ordain.

166.       (1) Court of Appeal may in the exercise of its jurisdiction, affirm, reverse, correct or modify any order, judgment, decree or sentence according to law or it may give directions to such Court of First Instance, tribunal or other institution or order a new trial or further hearing upon such terms as Court of Appeal shall think fit.

(2) Court of Appeal may further receive and admit new evidence additional to, or supplementary of, the evidence already taken in the Court of First Instance touching the matters at issue in any original case, suit, prosecution or action, as the justice of the case may require.

167.       Subject to the provisions of the Constitution, 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:

Provided that Parliament or State Assembly may by law provide that in any such category of cases as may be specified in such law, the jurisdiction conferred on Court of Appeal by the preceding provisions of this Article shall be exercised by Supreme Court and not by the Court of Appeal.

 

168.       Court of Appeal may grant and issue orders in the nature of writs of habeas corpus to bring up before such Court:

(1) the body of any person to be dealt with according to law; or

(2) 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 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 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 Court of Appeal:

 

Provided further that if provision be made by law for the exercise by any court, of jurisdiction in respect of the custody and control of minor Children, then 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.

 

169.       Court of Appeal may direct:

(1) that a prisoner detained in any prison be brought before a court-martial or any Commissioners acting under the authority of any Commission from President of the Republic for trial or to be examined relating to any matters pending before any such court-martial or Commissioners respectively; or

(2) that a prisoner detained in prison be removed from one custody to another for purposes of trial.

170.       Court of Appeal shall have the power to grant and issue injunctions to prevent any irremediable mischief which might ensure before a party making an application for such injunction could prevent the same by bringing an action in any Court of First Instance:

Provided that it shall not be lawful for Court of Appeal to grant an injunction to prevent a party to any action in any court from appealing to or prosecuting an appeal to Court of Appeal or to prevent any party to any action in any court from insisting upon any ground of action, defense or appeal, or to prevent any person from suing or prosecuting in any court, except where such person has instituted two separate actions in two different courts for and in respect of the same cause of action, in which case Court of Appeal shall have the power to intervene by restraining him from prosecuting one or other of such actions as to it may seem fit.

171.       Court of Appeal shall have and exercise jurisdiction to try election petitions in respect of the election to the membership of Parliament or Local Council in terms of any law for the time being applicable in that behalf.

172.   Court of Appeal may, ex mero motu or on any application made, call for, inspect and examine any record of any Court of First Instance and in the exercise of its revisionary powers may make any order thereon as the interests of justice may require.

173.   (1) Court of Appeal shall ordinarily exercise its jurisdiction in not less than two concurrent sittings at Colombo, and not less than one concurrent sitting in each Province.

(2) The jurisdiction of Court of Appeal may be exercised in different matters at the same time by the not less than three judges of the Court sitting apart.

(3) The selection of Judges shall be done purely at random.

174.   The judgment of Court of Appeal shall be the decision of the majority.

175.   The Registry of Court of Appeal shall be in charge of an officer designated as the Registrar of Court of Appeal who shall be subject to the supervision, direction and control of President of Court of Appeal.