Opposition lawmaker Ajith P. Perera has filed a Special Determination petition in the Supreme Court challenging the constitutionality of the government’s proposed Protection of the State from Terrorism Bill.
The Samagi Jana Balawegaya (SJB) parliamentarian submitted the legal challenge in Colombo following the placement of the controversial counter-terrorism legislation on the parliamentary Order Paper on 6 October.
The legal petition challenges several core provisions of the proposed law on the grounds that they infringe upon fundamental rights and judicial authority guaranteed under the constitution.
Primary objections focus on statutory restrictions that strip Magistrates of their traditional powers to grant bail, shifting that sole discretionary power to the High Court.
The application further raises concerns over powers that would allow the relevant ministry secretary to order individuals into rehabilitation programmes without formal criminal charges or court convictions.
The petition also seeks to strike down broad restriction orders that could legally prohibit citizens from associating with persons or organizations merely suspected of committing an offence under the act.
The lawmaker is asking the apex court to rule that clauses 26, 27, 28, 29, 60, and 68 violate sovereign popular rights protected under articles three and four of the constitution.
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