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Monday, April 15, 2024

If ATA passed in current form Tri-Forces, the Police and the Coast Guard will get unlimited power to arrest – Read SC determination in full

Sri Lanka Supreme Court has decided that if the  Anti-Terrorism Bill is passed  in its current form, it would grant unlimited powers to the Tri-Forces, the Police and the Coast Guard to make unwarranted arrests without reasonable suspicion, and this is a violation of the fundamental rights including the freedom of expression guaranteed by the Constitution.

The determination has been sent to the Speaker of the Parliament today.

The press release issued by the Parliament  in this regard:

Supreme Court Determination on the Bill titled “Anti-Terrorism”

The Deputy Speaker of Parliament announced to Parliament that the Speaker has received the Determination of the Supreme Court in respect of the Bill titled “Anti-Terrorism” which was challenged in the Supreme Court in terms of Article 121(1) of the Constitution.

Accordingly, the determination of the Supreme Court as to the Constitutionality of the Bill concludes as follows: —

• Clause 3, Clause 42, Clause 53, and Clause 70 of the Bill are inconsistent with Article 12(1) of the Constitution and required a Special Majority to be passed by Parliament. However, the Supreme Court has stated that the said inconsistencies can be ceased if the said Clauses are amended as per the Determination of the Court.

• Clause 4 has to be suitably amended as per the Supreme Court Determination. • Clause 72 (1) is unconstitutional and needs to be passed by a Special Majority and a Referendum. The unconstitutionality will cease if this Clause is amended as per the Determination of the Supreme Court.

• Correspondingly, Clause 72(2) must be amended in accordance with the Determination.

• Clause 75 (3) infringe the Article 4 (c) read with Article 3 of the Constitution and required 2/3rd Majority and a Referendum. The invalidity will cease 7 upon the amendments suggested in the Determination.

• Clause 83 (7) requires a Special Majority to be passed into law. It has to be suitably amended as per the Supreme Court Determination.

Further, the Supreme Court has determined that subject to the amendments that have adumbrated to the provisions of the Bill by the Supreme Court, the Bill could be enacted into law with a Simple Majority only if the amendments determined by the Supreme Court are introduced to the provisions.

Read the determination in full: Anti Terrorism SCD

 

 

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