Parliamentary Commissioner for Administration Act 1981 · As enacted · Part III · Powers, Duties and Functions of the Ombudsman
16. Evidence
Feedback & supportOfficial English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
The Ombudsman shall have power for the purposes of any investigation—
to procure and receive all such evidence, written or
, oral, and to examine all such persons as witnesses, as he may think necessary or desirable to procure, receive or examine
;
to require the evidence, whether written or oral, of any witness to be given on oath or affirmation, such oath or affirmation to be that which would be required of the witness if he were giving ‘evidence in court, and to administer. an oath or affirmation
.to every such witness
;
to summon any person to give evidence, or to produce any document or other thing in his possession or control, and to examine him as a witness or to require him to produce any document or other thing in his possession or contro!
;
{d) to direct any person in charge of a prison, house of observation, ‘mental hospital, or ‘other place of-detention, to ‘produce any person in’ his custody oo, or charge before the Ombudsman for the purpose of being examined or to produce any document or
“other thing in the possession or control of such persen
; and
notwithstanding any of the provisions of the Evidence
Ordinance or of any other written law but subject as hereinafter provided, to admit any. evidence, written or oral, which might in-the opinion of the
Ombudsman be of assistance in the investigation.
Every such examination of a witness shall be deemed te be a judicial proceeding for the purposes of Chapter XT of the Penal Code.
A person who is bound by the provisions of any special law to maintain secrecy in relation to, or to refrain from disclosing, any matter, shall not give evidence or information, or answer any question, or produce any docu-ment or other thing relating to such matter, if by so doing he would be acting in breach of such: obligation of secrecy or non-disclosure
: —
Parliamentary Commissioner for Administration
Provided that, any such person may be required by the
Ombudsman to give evidence or information, or to answer any question, relating to any statement made, or to produce any document or other thing furnished, to such person by the complainant or person aggrieved or by any other person, relating only to the complainant or person aggrieved, notwithstanding such obligation and with the previous consent of the complainant or person aggrieved or such, other person.
,
No person shall give any evidence or answer any question.or produce any document or other thing, if the
Attorney-General certifies that the giving of such evidence or information, the answering of such question, or the production of such document or other thing, as the case may be, will or is likely to—
prejudice the security, defence or international relations of Sri Lanka (including the relations of
Sri Lanka with any international organization or agency) ;
ot
involve the disclosure of deliberations or proceedings of the Cabinet, or of any committee of the Cabinet, relating to matters of a secret or confidential nature
;
obstruct or hinder the investigation or detection of offences ; or
contravene the provisions of the Official Secrets Act.
Subject to the provisions of this Act, any rule of law which authorizes. or, requires the withholding of any docu-ment, or the refusal to give any evidence or information or to answer any question, on the ground that the disclosure of such document, the giving of such evidence or infor-mation, or the answering of such question, would be injurious to the public interest, shall not apply in respect of any investigation by the Ombudsman.
Except as otherwise provided in subsections (3) and (4), every person shall have, in relation to the giving of evidence or information, the answering of questions, and the production of documents and other things, the same privileges and immunities as he would be entitled to if he were a witness giving evidence in a court of law.
No person shall,.in respect of any evidence, infor-mation or answer given, or any document or other thing produced, to or before the Ombudsman, be liable to any action, prosecution or other proceeding, civil or criminal, in any court or tribunal.
Ombudsman.
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Parkamentary Commissioner for Administration
No evidence of a statement made or answer given by any person, to or before the Ombudsman, shall be admis-sible against: such person or any other person in any action, prosecution or other proceeding, civil or criminal, in any court or: tribunal.
No evidence of any document that is sent to the
Ombudsman or his officers, or by the Ombudsman or his officers, in the course of, or for the purposes. of, an investi-gation under this Act and was prepared specifically for the purposes of an investigation shall be admissible in evidence in any proceeding, civil or criminal, in any court or tribunal
:
Provided.that, nothing in the preceding provisions of this subsection shall—
: abridge or affect, or be deemed or construed to abridge or affect, the liability of any person to any action, prosecution or penalty for any offence under
Chapter XI of the Penal Code read with subsection (2) of this section, or for any offence under section 20, or for the breach of his obligation of secrecy or non-disclosure under this Act
; or
prohibit or be deemed or construed to prohibit. the publication or disclosure of the nature of the evidence or any part of the evidence of any person
‘for the purposes of any such action or prosecution.