1951 Present: Dias S.P.J.

In re AGNES NONA

S. C. 459 In Revision, M. C. Colombo South, 29,720
 

Criminal Procedure Code-Sections 328, 350 (2), 356-Interference by the Executive with the Judiciary-Jurisdiction of the Supreme Court to revise proceedings in such a case-Subjection of executive officers to jurisdiction of the Courts- Administrative law-" Court "-Judges of " Minor Courts ", when acting judicially, only subject to Supreme Court, Privy Council and provisions of Statute Law-Judicial v. Administrative functions of a Court-Rule of Law.

A Magistrate's Court convicted an accused and sentenced her to imprisonment and fine. She appealed to the Supreme Court which affirmed the conviction and sentence ; and the order of the Supreme Court, duly certified under the seal of the Court, was transmitted to the Magistrate's Court for execution in terms of section 350 (1) of the Criminal Procedure Code. In the meantime, the convict had petitioned the Governor-General for the remission of her sentence. The Governor-General intimated to her and the Minister of Justice that he was pleased to order her sentence to be remitted on the condition that she