Silva vs Lt. Col. Jayasinghe and Others – sllr 2005 volume 2 page 358

In the case between Silva (petitioner) and Lt. Col. Jayasinghe and others (Army authorities), the court addressed whether the convening and conduct of an Army Court of Inquiry were ultra vires the Army Act and the 1952 Regulations, and whether the petitioner received a fair opportunity to participate and cross-examine witnesses. It was held that the inquiry was properly convened under Regulation 3(9) of the Army Courts of Inquiry Regulations 1952, lawful in substance and procedure, with no substantiated allegations of bias or denial of opportunity. The principle reaffirmed is that courts will not interfere with internal disciplinary proceedings that are constituted and conducted according to applicable regulations and legal standards. The decision relied on relevant statutory provisions, w

REF: sllr 2005 volume 2 page 358 Category: Tag:
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