APPOINTMENT OF INQUIRERS.

-


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.

    ReplyDelete

Post a Comment

Popular posts from this blog

EXCEPTIONAL CIRCUMSTANCES TO GRANT BAIL.

-
Image
EXCEPTIONAL CIRCUMSTANCES TO GRANT BAIL. Duncan Abeynayaka – LLB, Attorney At Law DECIDED JUDGEMENTS 01. ATTORNEY GENERAL VS EDIRIWEERA [2006] BLR PAGE 12 "In any event delay in listing of cases is not an exceptional circumstance as it is common to all cases." It is now settled law that an application for bail pending appeal can be allowed only upon establishment of exceptional circumstances. "Delay is always a relative term and the question to be considered is not whether there was mere explicable delay as when there is a backlog of cases, but whether there has been excessive or oppressive delay and this always depends on the facts and circumstances of the case"   02. RANIL CHARUK KUJATHUNGA V. AG CA (PHC) APN 134/2015 "The petitioner submits several grounds to consider bail. The Petitioner states that he is a married person with two school going children. The persons getting married and having children is not an exceptional ground. It is th...
Read more

INFORM THE REASON TO BE ARRESTED.

-
Image
INFORM THE REASON TO BE ARRESTED Duncan Abeynayaka – LLB, Attorney At Law   ARTICLE 13(1) OF THE CONSTITUTION No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reasons for his arrest.   CODE OF CRIMINAL PROCEDURE ACT 23. (1) In making an arrest the person making the same shall actually touch or confine the body of the person to be arrested unless there be a submission to the custody by word or action and shall inform the person to be arrested of the nature of the charge or allegation upon which he is arrested. Explanation. - Keeping a person in confinement or restraint without formally arresting him or under the colourable pretension that an arrest has not been made when to all intents and purposes such person is in custody shall be deemed to be an arrest of such person; (2) If such person forcibly resists the endeavour to arrest him or attempts to evade the arrest, the person mattin...
Read more

RIGHT TO EQUALITY BEFORE LAW.

-
Image
CONSTITUTIONAL ARTICLES & DECIDED JUDGEMENTS ON RIGHT TO EQUALITY BEFORE LAW Duncan Abeynayaka – LLB, Attorney At Law   1978  CONSTITUTION OF  SRI LANKA  Article 12 1. All persons are equal before the law and are entitled to the equal protection of the law. 2. No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of such grounds:..... UNIVERSAL DECLARATIONS OF HUMAN RIGHTS Article 07 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.   INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall pr...
Read more