- Wijeyadasa says to facilitate challenges to Bill in SC, and SOC discussion with Opposition
The tabling of the proposed Anti-Terrorism Bill in the Parliament is postponed until early May, in order to avoid any impediment for the concerned parties to challenge the bill in the Supreme Court (SC), according to the Ministry of Justice, Prison Affairs and Constitutional Reforms.
A discussion on the Bill was held between the Minister of Justice, President’s Counsel (PC) Dr. Wijeyadasa Rajapakshe, and trade unions concerned of the impacts on the transport sector i.e. - the Lanka Private Bus Owners Association, the All Ceylon Three-wheeler Owners Association, and civil organisations including the National Movement for Social Justice at the Ministry yesterday (6).
Speaking during the discussion, the Minister said that the presentation of the Bill to the Parliament was postponed considering the requests made by several parties such as political parties, attorneys, and representatives of civil organisations. "As the Sinhala and Tamil New Year holidays began today (6), there would have been impediments for the relevant parties, if any, to go to the SC against the Bill within 14 days, if this was presented to the Parliament on Tuesday (4). In order to avoid such, this will be presented to the Parliament in late April or early May," he said.
He also said that taking into consideration the demands of the Opposition, it has been decided to take up the Bill for discussion in the relevant Sectoral Oversight Committee on 25 April.
Speaking further, Dr. Rajapakshe said that the Bill in question is not for the protection of the President or the Government, but for the protection of the lives and properties of the people, and the prevention of the misuse of the existing Prevention of Terrorism (Temporary Provisions) Act (PTA). "The drafting of this Bill commenced in 2015. There is no need to protect the President or the Government through this Bill. Instead, this Bill focuses on securing the life and property of the people, and removing the abuses in the existing Act (PTA). This will transfer the power vested with the President to issue detention orders (DOs) to law enforcement agencies." Commenting on the allegations to the effect that the transfer of authority to issue DOs to Deputy Inspectors General of Police (DIGs) may lead to certain acts of misuse, he said that the suspects who are being arrested by the DIGs should be produced before the relevant Magistrate within 48 hours of their arrest. "The Magistrates will act upon inquiring into the allegations levelled against the suspect by the DIGs. Those who are under detention should be produced before the Magistrate once every two weeks. The Human Rights Commission of Sri Lanka can look into their well-being as per the Bill." Minister Rajapakshe denied the allegations that operations and activities of trade unions and media institutions will be suppressed through the Bill. "If a certain person does not have a hope to become a terrorist, there is no need to oppose this Bill. Terrorism is terrorism and there is no difference in its magnitude. There is no opposition to this Bill internationally as of now. There were international requests either to prepare a new Bill or amend the PTA. It is considering such requests that this Bill was prepared. This was prepared by a committee headed by Additional Solicitor General Nerin Pulle PC, and Nalinda Indatissa PC, after months of studying," he added.
Over the past, both local and international organisations have been urging the Sri Lankan authorities to repeal the PTA, which is usually referred to as a piece of ‘draconian’ legislation. This Bill was proposed to replace the PTA. However, Opposition political parties and many human rights advocates have raised concerns about the new Bill, and claimed that the proposed Bill is more adverse than the existing PTA.