- Four amendments ordered for the same
The Supreme Court (SC) has determined that the Bill for the Protection of the State from Terrorism Act (PSTA) can be passed by a simple majority in Parliament, subject to four amendments being incorporated at the Committee Stage.
Speaker of Parliament Dr Jagath Wickramaratne informed Parliament that he had received the SC’s Determination on the Bill, which was challenged under Article 121(1) of the Constitution. According to the Determination, four amendments must be made to the Bill at the Committee Stage to enable its passage by a simple majority.
The Speaker noted that three of the proposed amendments had already been undertaken by the Solicitor General. The amendments include revising Clause 26(2) to require an application by the Police officer conducting the investigation before a Magistrate may authorise the further detention of a suspect in Police custody for a period not exceeding 24 hours.
The Court has also proposed amending Clause 59(5)(b) by replacing the reference to the “Court of Appeal” with the “SC” to ensure effective judicial oversight. Furthermore, the SC has recommended removing Clause 60(7) on the grounds that it is superfluous. The fourth amendment requires Clause 66(1) to be reworded to provide that an Executive order, directive or direction issued or made under the Act may be challenged through proceedings under Articles 126, 140 or 141.
The Speaker further ordered that the full Determination be included in the official report of Parliament’s proceedings.