By Ambika Satkunanathan
On 8 October 2021, the Government gazetted the Code of Criminal Procedure (Amendment) Bill. This introduced a new section – Section 144A – which allows the magistrate to dispense with in-person attendance in court of a person in custody for specified reasons. The reasons for which personal attendance can be dispensed with include instances of threats to the person’s life and health-related reasons. It also includes other reasons, which will erode the constitutional rights of Sri Lankans to liberty and protection from torture, such as if:
- The public reaction to the alleged offence “is likely to give rise to breach of peace”
- There is likelihood the person will obstruct proceedings