KANAPATHY v. JAYASINGHE
1964 Present: Alles, J.
MRS. S. KANAPATHY, Petitioner, and W. T. JAYASINGHE (Controller
of Immigration
and Emigration) and another, Respondents
S. C. 501/64-Application for a Writ of Habeas Corpus and for
Bail pending the
determination of the Application
Bail pending habeas corpus
proceedings-Incapacity of Court to grant it-Immigrants and Emigrants Act (Cap. 351), ss,15 (a), 28(a).
During the pendency of an application for a writ of habeas corpus, an
application for bail in respect of the corpus cannot be entertained.
Accordingly, a person who is detained under the provisions of the Immigrants and
Emigrants Act will not be admitted to bail pending the hearing of an application
made on his behalf for a writ of habeas corpus.
APPLICATION for bail pending the determination of an application for a writ of
habeas corpus.
M. Tiruchelvam, Q.C. with V. Kumaraswamy and M. Amerasingham, for the
petitioner.
G. G. D. de Silva, Grown Counsel, for the respondents.
Cur. adv. vult.
September 8, 1964. ALLES, J.-
When this application was listed before me on 4th September 1
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