Sri Lanka Consolidated Acts

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Extradition Law. (No. 8 of 1977) - Sect 11

Application for habeas corpus

11.
(1) Where a person is committed to custody under section 10, the court shall inform him in ordinary language of his right to make an application to the Supreme Court for a mandate in the nature of a writ of habeas corpus, and shall forthwith give notice of the committal to the Minister.
(2) No person committed to custody under section 10, shall be extradited under this Law-
(a) in any case, until the expiration of a period of fifteen days commencing on the day on which the order for his committal is made; and
(b) if an application for habeas corpus is made to the Supreme Court, so long as proceedings on that application are pending.
(3) On any such application the Supreme Court may, without prejudice to any other jurisdiction of the court, order the person committed to be discharged from custody if it appears to the court that-
(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or
(b) by reason of the passage of time since he is alleged to have committed it, or to have become unlawfully at large, as the case may be; or
(c) because the accusation against him is not made in good faith in the interests of justice,
(4) On any such application the Supreme Court may receive additional evidence relevant to the exercise of its jurisdiction under section 7 or under subsection (3) of this section.


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