The Supreme Court has determined that the Protection of the State from Terrorism Bill can be passed in Parliament with a simple majority, provided that four amendments are incorporated at the Committee Stage.
Speaker of Parliament Dr. Jagath Wickramaratne informed the House that he had received the Supreme Court’s determination on the Bill, which was challenged under Article 121(1) of the Constitution.
According to the determination, four amendments must be introduced at the Committee Stage to enable the Bill’s passage by a simple majority. The Speaker noted that three of the proposed amendments had already been undertaken by the Additional Solicitor General.
The proposed amendments include revising Clause 26(2) to require an application by the police officer conducting an investigation before a Magistrate can authorise the further detention of a suspect in police custody for a period not exceeding 24 hours.
The Court has also recommended amending Clause 59(5)(b) by replacing the reference to the “Court of Appeal” with the “Supreme Court” to ensure effective judicial oversight.
In addition, the Supreme Court has proposed removing Clause 60(7) from the Bill, describing it as superfluous.
The fourth amendment requires Clause 66(1) to be revised to specify that executive orders, directives or directions issued under the proposed Act can be challenged through proceedings under Articles 126, 140 or 141 of the Constitution.
The Speaker also directed that the full determination of the Supreme Court be included in the Official Report of Parliament’s proceedings.
