APPOINTMENT OF INQUIRERS.

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LEGAL PROVISIONS AND DECIDED CASES ON APPOINTMENT OF INQUIRERS

Duncan Abeynayaka – LLB, Attorney At Law

 

CRIMINAL PROCEDURE CODE

108. The Minister may appoint any person by name or office to be an inquirer for any area the limits of which shall be specified in such appointment.

370.

(1) Every inquirer on receiving information that a person -

(a) has committed suicide; or

(b) has been killed by an animal or by machinery or by an accident; or

(c) has died suddenly or from a cause which is not known,

shall immediately proceed to the place where the body of such deceased person is and there shall make an inquiry and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body and such marks, objects, and circumstances as in his opinion may relate to the cause of death and stating in what manner such marks appear to have been inflicted.

"Inquirer" means a person appointed by the Minister under Chapter XI; CCPA

"Police officer" means a member of an established police force and includes police reservists –CCPA

“Police officer" means a member of the regular police force and includes all persons enlisted under this Ordinance. – POLICE ORDINANCE

 

01. JAYAWARDENA V. DHARANL WLJAYTLLAKE, SECRETARY, MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS AND OTHERS 2001 1 SRI L.R. 132

The office of Inquirer Involves functions of a public nature and In particular not stated to be held at pleasure - so that the Executive does not have an unfettered discretion In respect of termination. The petitioner cannot therefore be dismissed without cause and a hearing.

Hence the cancellation of the petitioner's appointment was in breach of principles of natural justice and must be quashed. Section 14(f) of the Interpretation Ordinance (Cap. 2) provides that “for the purpose of conferring power to dismiss, suspend or re-instate any officer, it shall be deemed to have been, and to be sufficient to confer power to appoint him.” Accordingly, the Minister had the power to dismiss, suspend or re-instate an Inquirer.


02. THE QUEEN VS KULARATHNE 71 NLR 529

That the term “a police officer” in section 122 (3) of the Criminal Procedure Code is not restricted to an officer in charge of a police station or one deputed by him. It extends also to other officers who are, in one way or another, in charge o f a police station in so far as the investigations are concerned, e.g., an Assistant Superintendent of Police of the town, the Superintendent of Police of the District, the Inspector-General of Police and his Deputies.

 

03. SENEVIRATHNE V. THE ATTORNEY-GENERAL 71 NLR 439

Neither Certiorari nor an Application in Revision lies to quash a finding made by a Magistrate or an inquirer at the conclusion o f a purported inquest of death held under the provisions of Chapter 32 of the Criminal Procedure Code.

The functions of a Magistrate or an inquirer holding an inquest of death are of a non-judicial character.

 

04.  Jayawardane v Senaratne & others [2007] 1 Sri L.R 249

Comments

  1. UnknownSeptember 1, 2021 at 10:57 PM

    Thank You Very Much for sharing this precious knowledge.

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