Sri Lanka Consolidated Acts

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Commission To Investigate Allegations Of Bribery Or Corruption Act (No. 19 of 1994) - Sect 20

Punishment for contempt

20.
(1) Every offence of contempt committed against or in contempt disrespect of, the authority of the Commission shall be liable by the Supreme Court as though it were an offence of contempt committed against, or in disrespect of, the authority of such court, and the Supreme Court, is hereby vested with jurisdiction to try every such offence.
(2) An act done or omitted: to' be done in relation to the Commission, whether in the presence of the Commission or otherwise, shall constitute an offence of contempt against, or in disrespect of, the authority of the Commission, if such act Would, if done or omitted to be done in relation to the Supreme Court, have constituted an offence of contempt against, or m disrespect of, the authority of such court.
(3) If any person -
(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 a summons served under this Act ; or
(b) refuses to be sworn or affirmed or. having been duly sworn or affirmed, refuses or fails without cause, which in the opinion of the Commission is reasonable, to answer any question put to him touching the matters being investigated by the Commission ; or
(c) refuses or fails without cause, which in the opinion of the Commission is reasonable, to comply with the requirements of a notice or written order issued or made to him by the Commission ; or
(d) upon whom a summons is served under this Act, 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 control and which is in the opinion of the Commission necessary for arriving at the truth of the matters being investigated.
(4) Where a Commission determines that a person has committed any offence of contempt under subsection (2) or subsection (3) against, or in disrespect of, its authority, the Commission may cause the Director-General to transmit to the Supreme Court, a certificate setting out such determination; every such certificate shall be signed by the Chairman of the Commission.
(5) In any proceeding for the punishment of an offence of contempt which the Supreme Court may think fit to take cognizance of as provided in this section, any document purporting to be a certificate signed and .transmitted to the court under subsection (4) 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 evidence that the determination set out in the certificate was made by the Commission and of the facts stated in the determination.
(6) In any proceedings ,taken as provided in this section for the punishment of any alleged offence of contempt against, in disrespect of the authority of the Commission no member of the Commission shall ,expect with his own consent, and not withstanding anything to the contrary in this Act, be summoned or examined as a witness.


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