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7. High Court to exercise jurisdiction over the enforcement of the human rights recognized under this Act

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

A person shall be entitled to apply by way of petition addressed to the High Court, against the infringement or imminent infringement by executive or administrative action, of any human right to which such person is entitled to under sections 2, 4, 5 and 6 of this Act and plead for such relief or redress as shall be prayed for in such petition.

(2)

The jurisdiction of the High Court may be invoked under subsection (1) by a person, who alleges that any of the human rights provided for by the sections referred to in subsection (1) is infringed or is about to be infringed, by himself or through any other person on his behalf, within three months of the alleged infringement or imminent infringement, as the case may be :

Provided however, the jurisdiction of the High Court shall not extend to the adjudication upon an infringement or an imminent infringement of any human right which comes within the ambit of the fundamental rights or language rights declared or recognized by Chapter III or Chapter IV of the

Constitution.

International Covenant on Civil and Political

(3)

Notwithstanding the provisions of any other law to the contrary, the High Court may where it considers it appropriate at any stage of the proceeding relating to a petition made to it under subsection (1) of this section, refer such matter to the Human Rights Commission of Sri Lanka for an inquiry and report and request such Commission to submit its report to the High Court within such time as shall be stipulated by the Court for that purpose.

(4)

The High Court shall have the power to grant the relief prayed for in a petition made to it under subsection (1)

or grant such other relief or make such direction as it may consider just and equitable, in the circumstances of the case.

(5)

For the purpose of subsection (1) of this section, a

“person” includes a child.