136
The Constitution of the Democratic Socialist Republic of Sri Lanka
Fundamental
rights
jurisdiction
and its
exercise
126. (1) The Supreme Court shall have sole and
exclusive jurisdiction to hear and determine any question
relating to the infringement or imminent infringement by
executive or administrative action of any fundamental
right or language right declared and recognized by Chapter
III or Chapter IV.
(2) Where any person alleges that any such
fundamental right or language right 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 one month thereof,
in accordance with such rules of court as may be in force,
apply to the Supreme Court by way of petition in writing
addressed to such Court praying for relief or redress in
respect of such infringement. Such application may be
proceeded with only with leave to proceed first had and
obtained from the Supreme Court, which leave may be
granted or refused, as the case may be, by not less than
two judges.
(3) Where in the course of hearing in the 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 the provisions of Chapter III or
Chapter IV by a party to such application, such Court shall
forthwith refer such matter for determination by the
Supreme Court.
(4) The Supreme Court 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 or refer the matter back to the Court of Appeal if in
its opinion there is no infringement of a fundamental right
or language right.
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