The Government has agreed to cut the detention period for suspects under the proposed Prevention of Organised Crimes Bill from 72 hours to 48 hours, the Supreme Court was told on Monday.
Solicitor General Viraj Dayaratne, President’s Counsel, appearing for the Attorney General, informed the court of the change during the hearing of petitions challenging whether the Bill is consistent with the Constitution.
The Attorney General also told the court that provisions on tattoos and markings on a person, meant to identify links to criminal gangs, would be withdrawn. A provision requiring prior court permission to publish information on cases involving serious criminal offences would also be removed.
Earlier on Monday, the Attorney General said the Government had decided to remove entirely the provisions relating to offences under the Excise Ordinance and to amend the copyright-related provisions under the Intellectual Property Act. The court was told that changes to provisions on detention orders and to the Bail Act were being considered after discussions with policymakers.
The Government intends to bring the amendments during the Committee Stage in Parliament. A three-member bench of Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli and Sampath Abeykoon heard the 26 petitions filed against the Bill.
At the end of the hearings, the Supreme Court said its determination on the constitutionality of the Bill would be communicated to the President and the Speaker of Parliament.
Background
Under Sri Lanka’s Constitution, a Bill can be challenged in the Supreme Court by petition once it has been placed on the Order Paper of Parliament. The court then examines whether the Bill, or any part of it, conflicts with the Constitution and sends its determination to the President and the Speaker.
If the court finds that a provision is inconsistent with the Constitution, Parliament can still pass it, but only with the special majority the Constitution requires, or after the Bill is amended to remove the problem. Amendments proposed at the Committee Stage are one way of doing the latter.
The Bill has drawn 26 petitions, which means a large number of petitioners objected to several of its provisions. The Government’s offer to withdraw or change several of them came while the hearing was still under way.
What it means
If the amendments are adopted, a person held on suspicion of an offence under the Bill could be detained for up to 48 hours under that provision, instead of the 72 hours in the current draft. The final length will depend on what Parliament passes at the Committee Stage.
The planned removal of the requirement for prior court permission would mean that reporting on serious criminal cases is not subject to that condition under the Bill. Readers should watch for the Supreme Court’s determination and the text of the amendments to see which changes are finally made.
