Supreme Court delivers PTA Bill determination to Parliament

Supreme Court delivers PTA Bill determination to Parliament

Supreme Court delivers PTA Bill determination to Parliament

Written by Zulfick Farzan

08 Mar, 2022 | 10:43 am

COLOMBO (News 1st); Sri Lanka’s Supreme Court has delivered its determination to the Parliament on the Prevention of Terrorism (Temporary Provisions) (Amendment) Bill.

The determination read out by Speaker Mahinda Yapa Abeywardena is as follows:

Clause 2 of the Bill is NOT inconsistent with any provision of the constitution.

Clause 3 of the Bill cannot be enacted into law unless the number of votes cast in favor amounts not less than 2/3 of the whole number of members, including those not present, as per the constitution.

The Supreme Court is however of the view that if the provisions of Clause 3 of the bill are amended as set out in the determination of the Supreme Court, it would ease to be inconsistent with any provision of the constitution.

Clause 4 of the Bill, the Supreme Court states that be that as it may, the learned Additional Solicitor General had informed the court that the Attorney General would be advising the Minister to insert article 141 into the body of the proposed section 10 in Clause 4 of the Bill and the Minister would move that amendment at the Parliament Committee stage to address the concerns of the petitioners.

Clause 5 of the Bill, for the reason mentioned in the determination of the Supreme Court, the Supreme Court holds that Clause 5 is NOT inconsistent with any provision of the constitution.

Clause 6 of the Bill, the Supreme Court holds that it cannot inquire into pronounce upon or in any manner called into question, the validity of section 11 of the PTA on any grounds whatsoever, in terms of article 83 of the constitution.

Clause 10 of the Bill, the Supreme Court holds that if amended as set out in the determination of the Supreme Court would cease to be inconsistent with any provision of the constitution.

Clause 11 of the Bill, the Supreme Court had stated that there is no basis to hold Clause 11 of the Bill is inconsistent with the constitution.

Clause 12 of the Bill, the Supreme Court is of the view that proposed section 26 (2) of Clause 12 in that form would be inconsistent with article 12 (1) of the constitution.

The Supreme Court had stated that as per article 123 (1) (c) if the provisions of the proposed section 26 (2) in Clause 12 of the bill are amended as set out in the determination of the Supreme Court if would cease to be inconsistent with any provisions of the Constitution.

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