
The Supreme Court has determined that the Protection of the State from Terrorism Bill 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 Supreme Court’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 Additional Solicitor General.
The amendments include revising Clause 26(2) to require an application by the police officer conducting the investigation before a Magistrate may authorize 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 “Supreme Court” to ensure effective judicial oversight.
Furthermore, the Supreme Court has recommended removing Clause 60(7) from the Bill 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 of the Constitution.
The Speaker further ordered that the full determination of the Supreme Court be included in the Official Report of Parliament’s proceedings.


































