Sri Lanka Consolidated Acts

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Human Rights Commission of Sri Lanka Act (No. 21 of 1996) - Sect 21

Punishment for contempt

21.
(1) Every offence of contempt committed against, or in disrespect of the authority of the Commission shall be punishable by the supreme Court as though it were an offence of contempt committed against, or :in disrespect of, the authority of that 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 in 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 the summons served under this Act; or
(b) refuses to be sworn or affirmed, or having being 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 inquired into, or 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 or direction 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 inquired into, or investigated,
(4) Where the Commission determines that a person to guilty of an offence of contempt under subsection (2) or subsection (3), against, or in disrespect of, its authority the Commission may 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 proceedings 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 proceeding taken as provided in this section for the punishment of any alleged offence of contempt against, or in disrespect of, the authority of the Commission, no member of the Commission shall, except with his own consent, and notwithstanding anything to the contrary in this Act, be summoned or examined as a witness.


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