certain actions; for the protection against actions of persons acting in the execution of public
duties and for purposes incidental to a connected with the matter aforesaid. "
The matters referred to are not the matters envisioned by Article 22(5) of the Constitution. Act 20
does not enable the Court
"More effectively to exercise the jurisdiction conferred upon it" by Article 22(1). "
On the contrary, if Section 1 of Act 20 of 1969 was held to be applicable it would be a hindrance
to persons seeking the protection of their fundamental rights and freedoms by barring such
persons from applying to Court for redress immediately the provisions of Article 8 to 20 of the
Constitution are contravened or even when they are just likely to be contravened. It would act as a
hindrance as it would impose a sixty days waiting period before seeking redress which was
intended to be provided to the persons applying for it with the utmost dispatch by this Court.
The practice and procedure of this Court in relation to the jurisdiction granted to this Court by
Article 22 is now contained in the Fundamental Rights and Freedoms (Enforcement procedure)
Rules 1992 S.I. No. 26 of 1992 made under Section 20 of the Judicature Act 1967. Section 20
thereof states:
“1. The Chief Justice may, by Statutory Instrument, makes Rules of Court regulating the practice
and procedure of the High court for the purpose of Article 32 of the Constitution.
Rules of Court made under the provision of the preceding subsection may confer on the High
Court such powers, in addition to those conferred by the provisions of Article 32 of the
Constitution, as may appear to the Chief Justice to be necessary or desirable for the purpose of
enabling the High Court more effectively to exercise the jurisdiction conferred upon it by that
Article.
3...........”
The present Article 22 of our Constitution is the same as Article 32 in the 1966 Constitution,
which is referred to in Section 20 of the Judicature Act. Even before the 1967 Constitution came
into force, Parliament had authorised under Section 20 of the Judicature Act, the Chief Justice to
make the Rules of procedure and practice for this Court in relation to the enforcement of Article 8
to 20 of the Constitution. The Chief Justice promulgated the Rules of procedure under S.I No. 26
of 1992. Rules 2 provides:
"In these rules, unless the context otherwise requires "application" means an application to the
High Court under clause (1) of Article 22 of the Constitution for redress in relation to the
fundamental rights and freedoms referred to in Articles 8 to 20 of the Constitution. "
Rule 3 provides for the procedure in making the application. Rule 8 applies, subject to S.I No. 26
of 1992, the Civil Procedure Act and Rules made thereunder to the proceedings under S.I No. 26
of 1992.
In my view, the Constitution under Articles 22(1) created jurisdiction, which was subjected to
only the provisions of Article 22(5). The provisions authorised the making of rules, which have
been made. Those provisions are exclusive and an intending applicant need not look at other