Kannusamy V. Minister Of Defence And External Affairs

1961 Present : T. S. Fernando, J.

P. KANNUSAMY, Petitioner, and THE MINISTER OF DEFENCE
AND EXTERNAL AFFAIRS, Respondent

S. C. 167 of 1961-Application for Bail

 Bail-Power of Supreme Court to grant bail-Requirement that it should be conferred by statute-Detention under a removal order-Incapacity of Supreme Court to admit the detained person to bail-Immigrants and Emigrants Act, Nf. 20 of 1948 (as amended by Act No. 16 of 1955), ss. 28 (1A), 28 (I)-Citizenship Act, No. 18 of 1948 (as amended by Act No. 13 of 1955), s. 11A-Criminal Procedure Code, s. 396.

The Supreme Court has no common law power to admit persons to bail.

When a person against whom a removal order has been made in terms of section 28 of the Immigrants and Emigrants Act is arrested and detained under . section 28 (1 A), the Supreme Court has no power, in the absence of any statutory provision, to admit him to bail pending the hearing of an application made by him for registration as a citizen of Ceylon under the Citizenship Act.

APPLICATION for bail by a person detained under section 28 (1A) of the Immigrants and Emigrants Act.

S. Sharvan

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