Sri Lanka Consolidated Acts

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Fugitive Persons Act (No. 29 of 1969) - Sect 10

Application for habeas corpus, &c

10.
(1) Where a fugitive person is committed to custody under section 9, the Court shall inform him in ordinary language of his right to make an application for habeas corpus, or to apply for review of the order of committal, to the Supreme Court, and shall forthwith give notice of the committal to the Minister.
(2) A fugitive person committed to custody under section 9 shall not be returned under this Act-
(a) in any case, until the expiration of a period of fifteen days commencing on the day on which an order for his committal is made;
(b) if an application for habeas corpus, or an application for review of the order of committal, is made in his case 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 fugitive 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 nay receive additional evidence relevant to the exercise of their jurisdiction under section 6 or under sub-section (3) of this section.


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