Sri Lanka’s Supreme Court has concluded its examination of the constitutional validity of the Government’s proposed Prevention of Organised Crime Bill, following the announcement of several significant amendments by the Attorney General’s Department.
The court announced on 9 November that its confidential determination would be communicated to the Speaker of Parliament and the President. It also directed petitioners challenging the legislation to submit written submissions on the proposed amendments by 11 November, following the conclusion of oral arguments.
The petitions were heard by a three-judge Supreme Court bench comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli and Sampath Abeykoon.
During the proceedings, Acting Attorney General and Solicitor General Viraj Dayaratne, appearing for the Attorney General, informed the court that the Government had agreed to several amendments following consideration of objections raised by petitioners and discussions with the relevant ministries.
One of the principal changes concerns the period for which suspects may be detained under the proposed legislation. The Government has agreed to reduce the maximum detention period from 72 hours to 48 hours, Dayaratne told the court.
The Government also intends to remove provisions relating to tattoos and markings contained in the bill. Another proposed amendment would delete a clause requiring court permission before information concerning a case involving a serious criminal offence could be made public.
In addition, the Solicitor General informed the court that all offences relating to the Excise Ordinance included in the proposed legislation would be removed. Regarding intellectual property offences, the Government has agreed to remove only those relating to copyright.
Explaining the Government’s position, Dayaratne said the amendments proposed by the petitioners had been examined and referred to the relevant ministries for discussion. Following those consultations, agreement had been reached to introduce several changes during the committee stage of the parliamentary process.
He said further amendments concerning provisions governing arrests, detention and detention orders would also be considered following discussions with the relevant ministries.
The proceedings also heard submissions from lawyers representing the petitioners, who called for an opportunity to examine the proposed changes before making further representations to the court.
President’s Counsel Saliya Peiris, appearing on behalf of the Bar Association of Sri Lanka, told the court that the President himself had publicly acknowledged the need to amend the proposed legislation.
President’s Counsel Romesh de Silva, M.A. Sumanthiran and other lawyers representing several petitioners also argued that the petitioners should first be informed of the proposed amendments before further submissions were considered.
Dayaratne told the court that he had also taken note of the amendments raised during the proceedings and indicated that he would provide an undertaking to the court concerning them.
The constitutional challenge concerns the Government’s proposed legislation on the prevention of organised crime, which has been submitted to Parliament. The Supreme Court’s review was conducted following the filing of petitions questioning the bill’s constitutionality.
The court has completed hearing oral submissions and is to communicate its confidential determination to the Speaker and the President, while the petitioners have been given until 11 November to file written submissions on the amendments.
